direct and indirect discrimination: law and implementation gap samrerng virachanang, ph.d. vice...

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DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH) OCTOBER 25, 2012 The 15 th DPIAP Regional Assembly, Inchon October 24-25, 2012

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Page 1: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

DIRECT AND INDIRECT DISCRIMINATION:

LAW AND IMPLEMENTATION GAP

SAMRERNG VIRACHANANG, PH.D.VICE PRESIDENT, FOREIGN AFFAIRS

DISABILITIES THAILAND (DTH) OCTOBER 25, 2012

The 15th DPIAP Regional Assembly, Inchon

October 24-25, 2012

Page 2: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

About PWD and DTH

Page 3: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

Approximated Number of PWD in Thailand

About 10% of 64,000,000 total population or 6, 000,000 PWD

Currently found 2,000,000 (All types of disability)

The Challenge -- Attempt to find the rest !!

Page 4: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

Disabilities Thailand (DTH) Structure A legally recognized ultimate Thai disability

organization* Present Chair: Mr. Suppacheep Didthad** Immediate Past Chair: Mr. Chusak Janthayanond

DTH umbrella comprise of five legally recognized associations

1. Visual (Eyes)2. Hearing (Ears)3. Physical Ability (Locomotion)*4. Mental/Behavioral Disability & Autism** 5. Intellectual/Learning Disability

Page 5: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

Law, Challenges and Recommendation to Bridge Implementation Gap

Page 6: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

The National Health Security Act 2002

Existing Service Health security service for all Free service for PWD Rehabilitation and early intervention

Page 7: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

The National Health Security Act 2002 Challenges and recommendations to bridge gap

Extend early intervention service to provincial level Set up and promote community life skill centers with

active role of parents participation Individualized medicine and annual health check-up Increase specialized doctors and relevant specialists Continuous campaign to raise awareness and

right attitude on disability issues at all levels

Page 8: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

The National Education Act 2003

Existing Service Free education up to Bachelor Degree or

equivalent Right to choose education methods

formal education non-formal education alternative education

Page 9: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

The National Education Act 2003

Challenges and recommendations to bridge gap Encourage and support inclusive education in all schools Establish “parallel class” (at least one school per district) Extend special schools to urban areas Establish community learning center with active

involvement of parents Provide education materials, learning kid & supportive

service Develop curriculum and transition plan in all levels of

education Increase specialized education manpower, e.g. sign

language

Page 10: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

The Persons with Disabilities Empowerment Act 2007

Direct Responsible Government Entity:

Ministry of Social Development and Human Security

The National Office for Empowerment of Persons with Disabilities (NEP)

Page 11: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

The Persons with Disabilities Empowerment Act 2007

Existing Service Work in collaboration with DTH on

Policy, direction and allocation of overall budget Set up Provincial Office of Social Development and

Human Security for PWD Welfare The Rehabilitation Fund

Work with the five PWD Associations on Provide expertise, guidance, support and facilitate

implementation plans in line with the allocated budget

Page 12: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

The Persons with Disabilities Empowerment Act 2007

Challenges and recommendations to bridge gap Ensure equal right and law protection via various means

Increase awareness on disability issues especially the intellectual and autistic groups

Promoting equally accessible and barrier-free society Being inclusive in all social, political and public activities

Government support for self-advocate welfare/nursing home

Train and empower care taker and family in taking care of intellectual and autistic children

Encourage social media on promoting quality of life of PWD

Page 13: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

Employment -- A Real Challenge !!! Existing Service

No specific employment law at present No host ministry

Alternatively, a specially law is being implementedby NEP Business sector must employ PWD at 100 : 1

in exchange of corporate tax incentive Otherwise, must contribute by means of money to

the Rehabilitation Fund

Page 14: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

Employment -- A Real Gap and A Big Challenge

Challenges and recommendations to bridge gap Enact a specific law on employment for PWD Set up a job opportunity exchange system between

responsible ministerial office and business sector Provide pre-employment and job coach system Encourage government offices to employ more

PWD Set up community workshop with continuous

funding Promote Social Enterprise system as an

alternative mean of self-employed

Page 15: DIRECT AND INDIRECT DISCRIMINATION: LAW AND IMPLEMENTATION GAP SAMRERNG VIRACHANANG, PH.D. VICE PRESIDENT, FOREIGN AFFAIRS DISABILITIES THAILAND (DTH)

Question & AnswerQuestion & Answer

Thank you for your valuable time