ARELLANO UNIVERSITY SCHOOL OF LAW

Human Rights Law

Sundays, 8:00 AM - 10:00 AM, Moot Court
Atty. Arias

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CHAPTER XIII
RIGHTS OF DISABLED PERSONS
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INTRODUCTION
“PERSONS WITH DISABILITIES” (DEFINITION)
● Article 1, Convention on the Rights of Persons with Disabilities (CRPD):
○ those “who have long term physical, mental, intellectual or sensory impairments which in interaction with
various barriers may hinder their full and effective participation in society on an equal basis with others.”
● As defined by national law, Batas Pambansa No. 344:
○ Those suffering from restriction or lack of ability to perform an activity in the manner or within the range
considered normal for a human being as a result of mental, physical, or sensory impairment.
● As defined by the Economic Independence of Disabled Persons Act:
○ Persons who cannot perform work in the usual and customary way due to loss of limbs or any part of the injury
or absence thereof by birth.
● As defined by Republic Act No. 7277 (Magna Carta for Persons with Disabilities):
○ Those persons suffering from restrictions from different abilities as a result of a mental, physical, and sensory
impairment, to perform an activity in the manner or within the range considered normal for a human being
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CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD)
● Entered into force on 3 May 2008, ratified in the Philippines 15 April 2008
● Purpose: “to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by
all persons with disabilities, and to promote respect for their inherent dignity.”
● Rights of PWDs recognized in the CRPD:
1. Right to equality and non-discrimination
2. Right to participate in political and public life
3. Right to work and employment
4. Right to accessibility
5. Right against exploitation, violence and abuse
6. Right to the respect for privacy
7. Right to the respect for home and family
8. Right to education
9. Right to habilitation and rehabilitation
10. Right to an adequate standard of living and social protection
11. Right to participate in cultural life, recreation, leisure and sports
● Comprehensive reports to be submitted to the Committee on the Rights of Persons with Disabilities are required from
State Parties
● The Optional Protocol provides for the procedure for communications from individuals and groups who claim to be victims
of violations by the State Party of its obligations under the convention. A state party may be investigated for such
violations provided that local remedies must be exhausted first
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MAGNA CARTA FOR DISABLED PERSONS (Republic Act No. 7277, as amended by Republic Act No. 9442 and 10070)
● Salient features of the law:
○ The right to equal opportunity for employment
○ Reserving 5% of casual or contractual positions to disabled persons by agencies or offices engaged in social
development
○ Giving incentives to employers who employ disabled persons by deducting from gross income 25% of the
salaries paid to such employees for tax purposes
○ Providing for scholarship grants for disabled persons
○ Encouraging TV stations to provide sign-language inseta or subtitles in at least one (1) newscast a day and
special programs covering events of national significance
○ Encouraging telephone companies to install special telephones for the hearing-impaired
○ Providing free postal services to marginalized disabled persons on certain articles sent or delivered through the
postal system
○ Giving at least 20% discount at hotels and lodging houses, cinemas, concert halls, carnivals, and restaurants
○ Giving at least 20% discount for purchases of medicines for hospitalization and medical care and for aisr and
sea travel
○ Providing for penalties for violations of the provisions thereof
PAR.2, SEC.2, ART. V, 1987 PHILIPPINE CONSTITUTION
- The Philippine Constitution provides that Congress shall design a procedure for disabled persons to vote without the
assistance of others, in order to assure the secrecy of his ballot and prevent his will from being tampered with

GROUP REPORT BY:

BELTRAN, Claire
MACAPAGAL, Kane
VILLAR, Maan

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