LEGAL ISSUES

REGARDING
HANDICAPPED PEOPLE

Prepared and presented by

Bina agrahari
BPH 2nd batch 4th year
CONTENT

Definition
Disability related policies, laws, rules and
regulations :
- International
- National
 legal issues regarding handicapped persons
Conclusion : policy review
Definition

• Impairment – any loss or abnormality of

psychological, physiological or anatomical structure
or function.
• Disability – any restriction or lack of ability to
perform an activity in the manner or within the
range considered normal for a human being.
• Handicap – the result when an individual with an
impairment cannot fulfill a normal life role
Example

• A person whose eyes function is lost can be called

the impairment.
• Because of loss of eye function, he cannot see is the
disability and
• And because of unable to see, he cannot perform
the normal work (like reading etc.) is called
handicap.
 Sequence of Concepts
WHO 1980

Disease
or Impairment Disability Handicap
disorder

-----------------------------------------------------------------------------
-----
impairment at the organ level
disability at the person level
5
handicap at the societal level
Key facts on disability (WHO)

• Over a billion people, about 15% of the world's population,

have some form of disability.
• Between 110 million and 190 million adults (15 years and
above) have significant difficulties in functioning.
• Rates of disability are increasing due to population ageing
and increases in chronic health conditions, among other
causes.
• People with disabilities have less access to health care
services and therefore experience unmet health care
needs.
• 16 January 2018
In Nepal

• In 2011, two percent (1.94%; 513,321) of the total population

of Nepal reported having “some kind of disability,” according to
the Nepal Census.
Disability related policies, laws, rules and
regulations
INTERNATIONAL CONTEXT

• UN Declaration of rights for disabled people, 1975

• World program of action concerning disabled people, 1982
• UN World conference on special need education : access and
quality in Spain, 1994
• 1982-92 was declared the UN Decade of Disabled people
• 2003-12 was stated as being the Asian and pacific decade of
disabled persons.
United nations Convention on Right of the
Person with disabilities (UNCRPD)
• UNCRPD is an international instrument that provides
persons with disabilities the same human rights that
everyone else enjoys.
• Adoption by the United Nations General Assembly - 13
December 2006, Headquarters in New York
• Nepal became the 86th country to ratify the UNCRPD and
the 53rd country to ratify the Optional Protocol on May 7,
2010.
• 187 countries has signed the convention (175 ratify it) and
92 ratify the optional protocol too
GENERAL PRINCIPLES (ART 3)

• Respect for inherent dignity, individual autonomy including the

freedom to make one’s own choices, and independence of
persons
• Non-discrimination
• Full and effective participation and inclusion in society
• Respect for difference and acceptance of persons with disabilities
as part of human diversity and humanity Equality of opportunity
• Accessibility
• Equality between men and women
• Respect for the evolving capacities of children with disabilities
and respect for the right of children with disabilities to preserve
their identities
WHO response

• In order to improve access to health services for people with

disabilities, WHO:
• guides and supports Member States to increase awareness
of disability issues, and promotes the inclusion of disability
as a component in national health policies and programmes;
• facilitates data collection and dissemination of disability-
related data and information. develops normative tools,
including guidelines to strengthen health care;
• builds capacity among health policy-makers and
service providers;
• promotes scaling up of CBR;
• promotes strategies to ensure that people with
disabilities are knowledgeable about their own
health conditions, and that health-care personnel
support and protect the rights and dignity of
persons with disabilities.
Provision for differently able people In
Nepal
• Disabled persons (protection and welfare) act, 1982
• Disabled protection and welfare rules, 1994
• National policy and plan of action on disability, 2006
• Constitution of Nepal 2015 (article 15)
• Act relating to rights of people with disabilities, 2074 (2017)
• education act, 1971
• Civil service act, 1992
• Disability allowance, 1996
Legal provision regarding disabled in
different sector
 Education:
No fees shall be charged to disabled students.
• The 5% of all the quotas in Government organizations
that provide vocational training should be reserved for
disabled people.
• NGOs or private organizations that provide education
and training for disabled people can ask for assistance
from the Government.
• A Disabled Relief Fund can be allocating as scholarships
to disabled students.

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 Health

• Disabled people are entitled to free medical

examination.
• All hospitals with more than 50 beds should allocate
two beds for the use of disabled people.
• There should be free treatment for disabled people over
the age of 65.
Employment:

• It is prohibited to discriminate against disabled people in

relation to their employment
• Individual businesses employing more than 25 people
should give 5% of their jobs to disabled people
• There should be income tax exemption for employers who
employ disabled people
• There should be no duties on specialist equipment required
by disabled employees
• The 5% of jobs in the Civil Service should be allocated to
disabled people
SELF EMPLOYMENT

• The Act directs the Government to provide

programs which support disabled people into self-
employment .
• It also states that the Disabled Relief Fund should
allocate special loans for disabled people to
establish them as self-employed.

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Transport / Mobility

The act allows :

• 50% discount on public transportation for disabled
people
• Seat reservation on local transportation for disabled
people.
• Tax discount on 4 wheeler scooter designed for
disabled people also provision of special discount in
VAT amount on purchase of such vechicle.
People with mental health difficulties

• The act states that people with a mental disorder

should have arrangements made for then to be
treated either at hospital or at home.
• It also says that no disabled person suffering from
mental disease who have been punished in a
criminal offence under the prevailing law shall not
be kept in jail except for treatment or security
arrangements.
SOCIAL WELFARE

• provision of disability ID card which gives holders

certain privileges
Type of category Card color
disability
complete A Red

Severe B Blue

Moderate C Yellow

General D white
• People with disability who hold disability card are eligible to
receive government disability allowance
• Red card holder – Rs 2000 per month
• Blue card holder – Rs 600 per month
• Association of the Blind; Parents Network of Persons with
Intellectual Disability and National Federation of the
Disabled People (NFDN)
LEGAL ISSUES REGARDING HANDICAPPED
PERSONS
• The results reveal that many individuals with disability
are excluded from education system and other
indicators indicate lower secondary school
achievement among individuals with disability.
• No any separate provision for addressing the mental
health needs of the disabled and the handicapped.
• Lack of provision for disable friendly environment :
available infrastructure is not disable sensitive which
creates physical barriers to access health care
facilities.
• The disable card is being issued and used by the
people who don’t need them instead of the people
who actually are meant to claim it.
• Dissatisfaction among the card holders regarding
the disability allowance.
• Policies need to be made inorder to meet the
problem of Limited job and income opportunities to
the disabled and handicapped people
Conclusion : Policy review
• From the review of policies and international conventional
commitments, Nepal has sufficient policies regarding the
people with disability.
• However the policies are being overshadowed since the
implementation part is very disappointing.
• The most serious issues are good governance, lack of
responsibility, accountability and transperancy.
• Raise awareness and improve communication on disability
card and allowance to reduce high level of exclusion from
the disability allowance
Continued…..

• Simplify the procedures for applying and receiving the

disability allowance.
• coordinate and make use of complementary programmes
and services.
• Invest in data collection and analysis.
• Strengthen the capacity of local service provider in
municipalities and rural municipalities to deliver services
for people with disabilities.