CHAPTER 33:06
DISABILITY

ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ADOPTION OF POLICIES AND LEGISLATION

   3.   Adoption of policies and legislation on equalization of opportunities

PART III
ADMINISTRATION

   4.   Responsibilities of the Minister

   5.   Powers of the Minister

PART IV
RIGHTS OF PERSONS WITH DISABILITIES

   6.   Health care services

   7.   Prohibition of discrimination in health care and rehabilitation services

   8.   Accessibility

   9.   Prohibition of discrimination in accessing premises and the provision of services or amenities

   10.   Education and training

   11.   Prohibition of discrimination in education or training institutions

   12.   Work and employment

   13.   Prohibition of discrimination in work and employment

   14.   Social protection

   15.   Prohibition of discrimination in social services

   16.   Right of association and representation

   17.   Participation in political and public life

   18.   Prohibition of discrimination in political and public life

   19.   Cultural and sporting activities, and recreational services

   20.   Prohibition of discrimination in cultural and sporting activities, and recreational services

   21.   Housing

   22.   Prohibition of discrimination in housing

   23.   Economic empowerment

   24.   Prohibition of disempowerment

   25.   Right to information and communication technologies

   26.   Research and information and communication technologies

   27.   Prohibition of participation in research without consent

PART V
DISABILITY TRUST FUND

   28.   Disability Trust Fund

   29.   Purpose of the Fund

PART VI
MISCELLANEOUS PROVISIONS

   30.   Investigations by the Minister

   31.   Civil remedies

   32.   Administrative penalties

   33.   Regulations

8 of 2012
G.N. 55/2013

An Act to make provision for the equalization of opportunities for persons with disabilities through the promotion and protection of their rights; to provide for the establishment of a Disability Trust Fund; and to provide for matters connected with or incidental to the foregoing

[1ST AUGUST, 2013]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Disability Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   "accessibility" understood as universal design, means the design of products, programmes, the environment and services to be used by all persons to the greatest extent possible, without the need for adaptation and specialized design;

   "assistive devices" means appropriate aids, appliances, technologies or other support systems that facilitate the better functioning of persons with disabilities;

   "disability" means a long-term physical, mental, intellectual or sensory impairment, which, in interaction with various barriers, may hinder the full and effective participation in society of a person on equal basis with other persons;

   "disability mainstreaming" means a strategy for making the needs, concerns and experiences of persons with disabilities an integral dimension of the design, implementation, monitoring, and evaluation of policies and programmes in the political, economic and societal spheres to ensure that persons with disabilities benefit equally;

   "Disability Trust Fund" means a fund to be established by the Minister pursuant to section 28;

   "discrimination" means a distinction, exclusion or restriction on the basis of disability, which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, of any human rights or fundamental freedoms, in the political, economic, social, cultural, civil or other field;

   "equalization of opportunities" means a process through which the various systems of society and the environment, including services, activities, information and documentation, are made available and accessible to persons with disabilities;

   "impairment" means any loss or limitation of psychological, physiological or anatomical structure or function;

   "inclusive education" means a process of addressing and responding to the diversity of needs of all learners through increasing participation in learning, cultures and communities and reducing exclusion from and within education;

   "institution" means any building or other premises in which an organization carries on work for the empowerment of persons with disabilities, and includes premises where persons with disabilities live and are supported by such organization;

   "National Advisory and Coordinating Committee on Disability Issues (NACCODI)" means a Committee to be established by the Minister pursuant to section 5 (2);

   "reasonable accommodation" means necessary and appropriate modifications and adjustments that ensure that persons with disabilities enjoy or exercise all human rights and fundamental freedoms on equal basis with other persons, without imposing disproportionate or undue burden on the other persons; and

   "rehabilitation" means a goal-oriented process aimed at enabling a person with a disability to reach an optimum mental, physical or social functional level, by providing such person with tools to improve his life.

PART II
ADOPTION OF POLICIES AND LEGISLATION

3.   Adoption of policies and legislation on equalization of opportunities

   (1) The Government shall adopt policies and legislation on equalization of opportunities for persons with disabilities in order to—

   (a)   promote and protect the rights of persons with disabilities; and

   (b)   fully include them in all aspects of life, to enhance their dignity and well-being.

   (2) The Government shall—

   (a)   recognize the role of the private sector and civil society organizations in promoting and protecting the rights of persons with disabilities; and

   (b)   encourage partnerships in programmes that address the needs and concerns of persons with disabilities by advocating removal of social, cultural, economic, environmental and attitudinal barriers and facilitating the inclusion of persons with disabilities.

PART III
ADMINISTRATION

4.   Responsibilities of the Minister

   The Minister shall be responsible for the proper administration of this Act, including—

   (a)   coordinating policy formulation and review;

   (b)   implementing, monitoring and evaluating programmes;

   (c)   promoting disability mainstreaming in all sectors;

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