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Disability Rights in the Disability Rights in the Philippines Philippines (with a focus on education) (with a focus on education) Presentation by: Carolyn, Ryan, Presentation by: Carolyn, Ryan, Holly, Holly, Chantel Chantel , & Erika , & Erika

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Page 1: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Disability Rights in the Disability Rights in the Philippines Philippines (with a focus on education)(with a focus on education)

Presentation by: Carolyn, Ryan, Presentation by: Carolyn, Ryan, Holly, Holly, ChantelChantel, & Erika, & Erika

Page 2: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

General Information about the General Information about the PhilippinesPhilippines

Country nameCountry name: Republic of the Philippines: Republic of the PhilippinesForm of GovernmentForm of Government: Democratic: DemocraticCapitalCapital: Manila: ManilaCurrent populationCurrent population: ~91.1 million: ~91.1 millionSimple literacy rateSimple literacy rate (2000): 92.3%(2000): 92.3%Average yearly family incomeAverage yearly family income: P173,000 (pesos): P173,000 (pesos)ImportsImports: feed for animals, mineral fuels, : feed for animals, mineral fuels, organic/inorganic chemicals, iron & steelorganic/inorganic chemicals, iron & steelExportsExports: : petroliumpetrolium products, gold, coconut oil, products, gold, coconut oil, electronics, woodcrafts/furnitureelectronics, woodcrafts/furniture

Page 3: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Location of the Philippines

Page 4: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

The United States of The United States of America:America:

Disability Law and Disability Law and EducationEducation

United States Law

Page 5: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Individuals with Disabilities Individuals with Disabilities Education Act (IDEA)Education Act (IDEA)

The focus:The focus:–– requires public schools to make available to all requires public schools to make available to all

eligible children with disabilities a free eligible children with disabilities a free appropriate public education in the least appropriate public education in the least restrictive environment appropriate to their restrictive environment appropriate to their individual needs. individual needs.

–– Development of Individualized Education Development of Individualized Education Programs (Programs (IEP'sIEP's) which reflect the ) which reflect the individualized needs of each student. individualized needs of each student.

United States Law

Page 6: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

IDEA: IDEA: Preschool, Elementary, and Preschool, Elementary, and Secondary EducationSecondary Education

What it coversWhat it covers::

Free appropriate public education Free appropriate public education

Educational setting Educational setting

Evaluation and placementEvaluation and placement

Procedural safeguards Procedural safeguards

Nonacademic servicesNonacademic services

Private education Private education

United States Law

Page 7: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

IDEA: IDEA: Postsecondary EducationPostsecondary Education

What it covers:What it covers:Admissions and recruitmentAdmissions and recruitment–– Qualified handicapped persons may not, on the basis of handicap,Qualified handicapped persons may not, on the basis of handicap, be be

denied admission or be subjected to discrimination in admission denied admission or be subjected to discrimination in admission or or recruitment recruitment

Treatment of studentsTreatment of students–– No qualified handicapped student shall, on the basis of handicapNo qualified handicapped student shall, on the basis of handicap, be , be

excluded from participation in, be denied the benefits of, or excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, otherwise be subjected to discrimination under any academic, research, occupational training, housingresearch, occupational training, housing……

Academic adjustmentsAcademic adjustments–– ExamplesExamples: length of time permitted to complete degree, substitution : length of time permitted to complete degree, substitution

of specific required courses, extended time for exams, auxiliaryof specific required courses, extended time for exams, auxiliary aids, aids, etc.etc.

United States Law

Page 8: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

United NationsUnited NationsGuidelines on Education and Guidelines on Education and

Disability RightsDisability Rights

United National Disability Law, Education

Page 9: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Convention on the Rights of Convention on the Rights of Persons with DisabilitiesPersons with Disabilities

8 guiding principles of the convention:8 guiding principles of the convention:

1. Respect for inherent dignity, individual autonomy including t1. Respect for inherent dignity, individual autonomy including the freedom to make he freedom to make one's own choices, and independence of personsone's own choices, and independence of persons

2. Non2. Non--discrimination discrimination

3. Full and effective participation and inclusion in society 3. Full and effective participation and inclusion in society

4. Respect for difference and acceptance of persons with disabil4. Respect for difference and acceptance of persons with disabilities as part of ities as part of human diversity and humanity human diversity and humanity

5. Equality of opportunity 5. Equality of opportunity

6. Accessibility 6. Accessibility

7. Equality between men and women 7. Equality between men and women

8. Respect for the evolving capacities of children with disabili8. Respect for the evolving capacities of children with disabilities and respect for the ties and respect for the right of children with disabilities to preserve their identitiesright of children with disabilities to preserve their identities..

Page 10: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Article 24: EducationArticle 24: EducationStates Parties recognize the right of persons with disabilities States Parties recognize the right of persons with disabilities to to education.education.States Parties shall ensure an inclusive education system at allStates Parties shall ensure an inclusive education system at alllevels, and lifelevels, and life--long learning, directed to:long learning, directed to:

(a) The full development of the human potential and sense of (a) The full development of the human potential and sense of dignity and self worth, and the strengthening of respect for dignity and self worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity; human rights, fundamental freedoms and human diversity;

(b) The development by persons with disabilities of their (b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental andpersonality, talents and creativity, as well as their mental andphysical abilities, to their fullest physical abilities, to their fullest potential;potential;

(c) Enabling persons with disabilities to participate effectivel(c) Enabling persons with disabilities to participate effectively y in a free society.in a free society.

United National Disability Law, Education

Page 11: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

In realizing this right, States Parties In realizing this right, States Parties shall ensure: shall ensure: (continued from article 24)(continued from article 24)

That persons with disabilities are not excluded from the generalThat persons with disabilities are not excluded from the generaleducation system on the basis of disability, and that children weducation system on the basis of disability, and that children with ith disabilities are not excluded from free and compulsory primary adisabilities are not excluded from free and compulsory primary and nd secondary education secondary education on the basis of disability;on the basis of disability;

That persons with disabilities can accessThat persons with disabilities can access anan inclusive, quality, free inclusive, quality, free primary and secondary education on an equal basis with others inprimary and secondary education on an equal basis with others inthe communities in which they live;the communities in which they live;

Reasonable accommodation of the individualReasonable accommodation of the individual’’s requirements; s requirements;

That persons with disabilities receive the support required, witThat persons with disabilities receive the support required, within hin the general education system, to facilitate their effective educthe general education system, to facilitate their effective education;ation;

That effective individualized support measures are provided in That effective individualized support measures are provided in environments that maximize academic and social development, environments that maximize academic and social development, consistent with the goal of full inclusion.consistent with the goal of full inclusion.

United National Disability Law, Education

Page 12: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Enabling children with disabilities to learn life Enabling children with disabilities to learn life and social development skills to facilitate their and social development skills to facilitate their full and equal participation in education and as full and equal participation in education and as

members of the communitymembers of the community (article 24)(article 24)

Facilitating the learning of Braille, alternative script, augmenFacilitating the learning of Braille, alternative script, augmentative and tative and alternative modes, means and formats of communication, orientatialternative modes, means and formats of communication, orientation on and mobility skills, and facilitating peer support and mentoringand mobility skills, and facilitating peer support and mentoring

Facilitating the learning of sign language and the promotion of Facilitating the learning of sign language and the promotion of the the linguistic identity of the deaf community; linguistic identity of the deaf community;

Ensuring that the education of persons, and in particular childrEnsuring that the education of persons, and in particular children, who en, who are blind or blind, is delivered in the most appropriate languagare blind or blind, is delivered in the most appropriate languages and es and modes and means of communication for the individual modes and means of communication for the individual

United National Disability Law, Education

Page 13: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Teaching positions: Teaching positions: (article 24)(article 24)

States Parties shall take appropriate measures to States Parties shall take appropriate measures to employ teachers, including those with employ teachers, including those with disabilities, who are disabilities, who are qualified in sign language qualified in sign language and Braille, and to train professionals and staff and Braille, and to train professionals and staff who work who work at all levels of education at all levels of education incorporate disability awareness incorporate disability awareness

••General: General: (section 24)(section 24)persons with disabilities are able to access general persons with disabilities are able to access general tertiary education, vocational training, adult tertiary education, vocational training, adult education and lifelong learning without education and lifelong learning without discrimination and on an equal basis with others discrimination and on an equal basis with others (reasonable accommodation)(reasonable accommodation)

United National Disability Law, Education

Page 14: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Convention on the Rights of the Convention on the Rights of the Child (1989)Child (1989)

Article 2:Article 2: (Non(Non--discrimination)discrimination)–– Convention applies to all children, whatever their Convention applies to all children, whatever their

race, religion or abilities race, religion or abilities –– ……whether they have a disability or whether they are whether they have a disability or whether they are

rich or poor. No child should be treated unfairly on rich or poor. No child should be treated unfairly on any basis. any basis.

Article 23:Article 23:–– recognize that a mentally or physically disabled child recognize that a mentally or physically disabled child

should enjoy a should enjoy a full and decent lifefull and decent life, in conditions which , in conditions which ensure ensure dignitydignity, promote , promote selfself--reliancereliance and facilitate the and facilitate the child's child's active participationactive participation in the community. in the community.

United National Disability Law, Education

Page 15: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Convention on the Right of the Convention on the Right of the Child, continuedChild, continued……

AssistanceAssistance……shall be provided free of charge, shall be provided free of charge, whenever possible, taking into account the whenever possible, taking into account the financial resources of the parents or others financial resources of the parents or others caring for the child, and shall be designed to caring for the child, and shall be designed to ensure that the disabled child has effective ensure that the disabled child has effective access to and receives education, training, access to and receives education, training, health care serviceshealth care services……States Parties shall promote the exchange of States Parties shall promote the exchange of appropriate information in the field of preventive appropriate information in the field of preventive health care and of medical, psychological and health care and of medical, psychological and functional treatment of disabled childrenfunctional treatment of disabled children

United National Disability Law, Education

Page 16: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Dakar Framework for Action (2000)Dakar Framework for Action (2000)

To achieve education for all by 2015 To achieve education for all by 2015

goal will only be achieved when all nations recognize goal will only be achieved when all nations recognize that the universal right to education extends to that the universal right to education extends to individuals with disabilities, and when all nation act upon individuals with disabilities, and when all nation act upon their obligation to establish or reform public education their obligation to establish or reform public education systems that are accessible to individuals with systems that are accessible to individuals with disabilities.disabilities.

Flagship on Education for All and the Right to Education Flagship on Education for All and the Right to Education for Persons with Disabilities has been established to act for Persons with Disabilities has been established to act as a catalyst to ensure that the right to education, and as a catalyst to ensure that the right to education, and the goals of the Dakar Framework, are realized for the goals of the Dakar Framework, are realized for individuals with disabilities. individuals with disabilities.

United National Disability Law, Education

Page 17: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Compare/Contrast of Compare/Contrast of United Nations vs. United StatesUnited Nations vs. United States

COMPARECOMPARE

Both the UN and US law ensure Both the UN and US law ensure free primary and secondary free primary and secondary compulsory education to those compulsory education to those with disabilities. This right is with disabilities. This right is based on equal opportunity and based on equal opportunity and without discrimination.without discrimination.

Reasonable accommodation for Reasonable accommodation for the individual's requirements as the individual's requirements as well as receiving support well as receiving support required to facilitate their required to facilitate their education. The US goes more education. The US goes more in depth.in depth.

Both require effective Both require effective individualized support measures individualized support measures to be provided. to be provided.

CONTRASTThe UN does not address

postsecondary education for those with disabilities.

The UN focuses on the full development of the human potential and sense of dignity and self worth, ans the strengthening of respect for human rights, fundamental freedoms and human diversity.

The UN also addresses the development by persons with disabilities of their personality, talents, and creativity not only their mental and physical abilities.

The UN focuses on enabling those with disabilities to become full and equal participators in society.

Page 18: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

General Discrimination General Discrimination Laws of the PhilippinesLaws of the Philippines

General Discrimination Laws of the Philippines

Page 19: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

General Discrimination laws in the General Discrimination laws in the PhilippinesPhilippines

1987 National Constitution (present)1987 National Constitution (present)Article 3: Bill of RightsArticle 3: Bill of Rights–– Section 3Section 3: : ““No person shall be deprived of life, liberty, or No person shall be deprived of life, liberty, or

property without due process of law, nor shall any person be property without due process of law, nor shall any person be denied the equal protection of the laws.denied the equal protection of the laws.””

–– Section 6Section 6: : ““No torture, force, violence, threat, intimidation, or No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used againsany other means which vitiate the free will shall be used against t him. Secret detention places, solitary, him. Secret detention places, solitary, incommunicadoincommunicado, or other , or other similar forms of detention are prohibited.similar forms of detention are prohibited.””

–– Section 18Section 18 ““No involuntary servitude in any form shall No involuntary servitude in any form shall exist except as a punishment for a crime whereof theexist except as a punishment for a crime whereof theparty shall have been duly convicted.party shall have been duly convicted.””

General Discrimination Laws of the Philippines

Page 20: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

1987 National Constitution (present). 1987 National Constitution (present). ContinuedContinued……

Article 2:Article 2: declaration of principles and state policiesdeclaration of principles and state policies

Section 13 (state policy). Section 13 (state policy). ““The State recognizes the vital role of the youth in The State recognizes the vital role of the youth in nationnation--building and shall promote and protect their physical, moral, spbuilding and shall promote and protect their physical, moral, spiritual, iritual, intellectual, and social wellintellectual, and social well--being. It shall inculcate in the youth patriotism being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and cand nationalism, and encourage their involvement in public and civic ivic affairs.affairs.””

Section 17. Section 17. ““The State shall give priority to education, science and The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and ntechnology, arts, culture, and sports to foster patriotism and nationalism, ationalism, accelerate social progress, and promote total human liberation aaccelerate social progress, and promote total human liberation and nd development.development.””

Section 24. Section 24. ““The State recognizes the vital role of communication and The State recognizes the vital role of communication and information in nationinformation in nation--building.building.””

Section 26. Section 26. ““The State shall guarantee equal access to opportunities for The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be definepublic service and prohibit political dynasties as may be defined by law.d by law.””

General Discrimination Laws of the Philippines

Page 21: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

1987 National Constitution (present). 1987 National Constitution (present). ContinuedContinued……

Article 13: Social Justice and Human RightsArticle 13: Social Justice and Human Rights

Section 1Section 1. . ““The Congress shall give highest priority The Congress shall give highest priority to the enactment of measures that protect and to the enactment of measures that protect and enhance the right of all the people to human dignity, enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing remove cultural inequities by equitably diffusing wealth and political power for the common good.wealth and political power for the common good.””

Section 13Section 13. . ““The State shall establish a special The State shall establish a special agency for disabled person for their rehabilitation, agency for disabled person for their rehabilitation, selfself--development, and selfdevelopment, and self--reliance, and their reliance, and their integration into the mainstream of society.integration into the mainstream of society.””

General Discrimination Laws of the Philippines

Page 22: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Magna Magna CartaCarta for Disabled Persons for Disabled Persons (Republic Act 7277)(Republic Act 7277),, ““An Act providing for the An Act providing for the

rehabilitation, selfrehabilitation, self--development and selfdevelopment and self--reliance of disabled reliance of disabled persons and their integration into mainstream society and for persons and their integration into mainstream society and for

other purposesother purposes””..

• “Disabled persons have the same rights as other people to take their proper place in society. They should be-able to live freely and as independently as possible.”

•Section 2, part E: “To facilitate integration of disabled persons into the mainstream of society, the State shall advocate for andencourage respect for disabled persons.

•The State shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to disabled persons.”

General Discrimination Laws of the Philippines

Page 23: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

PHILIPPINES PHILIPPINES DISABILITY LAWSDISABILITY LAWS

Philippines Disability Law

Page 24: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

DEFINITION of DISABILITYDEFINITION of DISABILITY

(1) a physical impairment that substantially (1) a physical impairment that substantially limits one or more psychological, limits one or more psychological,

physiological or anatomical function of an physiological or anatomical function of an individual or activities of such individual; individual or activities of such individual;

(2) a record of such an impairment(2) a record of such an impairment(3) being regarded as having such an (3) being regarded as having such an

impairmentimpairment

Philippines Disability Law

Page 25: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

RIGHT TO VOTERIGHT TO VOTE""……The Congress shall also design The Congress shall also design

a procedure for the disabled a procedure for the disabled and the illiterates to vote and the illiterates to vote

without the assistance of other without the assistance of other persons. Until then, they shall persons. Until then, they shall

be allowed to vote under be allowed to vote under existing laws and such rules as existing laws and such rules as the Commission on Elections the Commission on Elections

may promulgate to protect the may promulgate to protect the secrecy of the ballot." secrecy of the ballot."

((Constitution:Constitution: (1987)(1987)Article V, section 2 )Article V, section 2 )

Philippines Disability Law

Page 26: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

IRR OF RA 7277IRR OF RA 7277Auxiliary Aids and Services include:Auxiliary Aids and Services include:

–– Qualified interpreters or other effective methods of delivering Qualified interpreters or other effective methods of delivering materials materials to individuals with hearing impairments;to individuals with hearing impairments;

–– Qualified readers, taped tests, or other effective methods of deQualified readers, taped tests, or other effective methods of delivering livering materials to individuals with visual impairments; Acquisition ormaterials to individuals with visual impairments; Acquisition ormodification of equipment or devices; andmodification of equipment or devices; and

–– Other similar services and actions or all types of aids and servOther similar services and actions or all types of aids and services that ices that facilitate the learning process of people with mental disabilityfacilitate the learning process of people with mental disability..

–– Auxiliary Social ServicesAuxiliary Social Services –– are the supportive activities in the delivery of are the supportive activities in the delivery of social services to the marginalized sectors of society.social services to the marginalized sectors of society.

Philippines Disability Law

Page 27: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

EDUCATIONEDUCATION

–– Special Education Special Education ––educational program that caters educational program that caters to various types of learners with to various types of learners with special needs from preschool to special needs from preschool to tertiary levels and their formal or tertiary levels and their formal or nonformalnonformal programs that are programs that are complementary mutually complementary mutually reinforcing and a comparable reinforcing and a comparable standards.standards.

–– Quality Education Quality Education –– a learning a learning process that makes the process that makes the individual a better person and individual a better person and prepares him to cope with rapid prepares him to cope with rapid social change with appropriate social change with appropriate skills and positive values leading skills and positive values leading to productive and meaningful life to productive and meaningful life as responsible citizen.as responsible citizen.

Philippines Disability Law

Page 28: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

EDUCATION CONTEDUCATION CONT……Special Class Special Class –– refers to a class generally for one type of a learner with refers to a class generally for one type of a learner with special needs organized within the regular school and taught by special needs organized within the regular school and taught by a SPED a SPED teacher.teacher.

Special Education (SPED) Special Education (SPED) –– the type of education specifically designed the type of education specifically designed for learners with special needs who can not profit maximally frofor learners with special needs who can not profit maximally from regular m regular education such that they require trained personnel, teaching meteducation such that they require trained personnel, teaching methods, hods, instructional materials and adaptations in facilities and equipminstructional materials and adaptations in facilities and equipment.ent.

Special Education Needs Special Education Needs –– take the form of the need for one or more of take the form of the need for one or more of the following: (a) the provision of special means of access to tthe following: (a) the provision of special means of access to the curriculum he curriculum through special equipments, facilities or resources, modificatiothrough special equipments, facilities or resources, modification of the n of the physical environment or specialized teaching techniques; (b) prophysical environment or specialized teaching techniques; (b) provision of a vision of a special or modified curriculum; (c) particular attention to the special or modified curriculum; (c) particular attention to the social structure social structure and emotional climate in which education takes place (UNESCO), Wand emotional climate in which education takes place (UNESCO), World orld Education Report, 1991)Education Report, 1991)

Special Education Teacher Special Education Teacher –– professionally trained educators teaching professionally trained educators teaching learners with special needs. learners with special needs.

Philippines Disability Law

Page 29: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

REASONABLE REASONABLE ACCOMMODATIONSACCOMMODATIONS

Reasonable Accommodations includes: Reasonable Accommodations includes: improvement of existing facilities used any improvement of existing facilities used any employees in order to render these readily employees in order to render these readily

accessible to and usable by disabled persons; accessible to and usable by disabled persons; and modification of work schedules, and modification of work schedules,

reassignment to a vacant position, acquisition or reassignment to a vacant position, acquisition or modification of equipment or devices, modification of equipment or devices,

appropriate adjustments or modifications of appropriate adjustments or modifications of examinations, training materials or company examinations, training materials or company

policies, rules and regulations, the provision of policies, rules and regulations, the provision of auxiliary aids and services, and other similar auxiliary aids and services, and other similar

accommodations for disabled persons.accommodations for disabled persons.

Philippines Disability Law

Page 30: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

ADMINISTRATIVE ORDER ADMINISTRATIVE ORDER NO. 35NO. 35

SECTION 1.SECTION 1.The National Council for the The National Council for the

Welfare of Disabled Persons Welfare of Disabled Persons (NCWDP) will spearhead the (NCWDP) will spearhead the

holding of a series of activities holding of a series of activities involving government and involving government and

private agencies to highlight private agencies to highlight the nationthe nation’’s efforts towards s efforts towards

disability prevention and disability prevention and rehabilitation leading to the rehabilitation leading to the

effective integration of persons effective integration of persons with disabilities into the with disabilities into the mainstream of society.mainstream of society.

Philippines Disability Law

Page 31: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

BP 344 BP 344 SECTION 4.SECTION 4.

Any person violating any provision of this Act or of the Any person violating any provision of this Act or of the rules and regulations promulgated hereunder shall, upon rules and regulations promulgated hereunder shall, upon

conviction by a court of competent jurisdiction, suffer conviction by a court of competent jurisdiction, suffer the penalty of imprisonment of not less than one month the penalty of imprisonment of not less than one month

but not more than one year or a fine of P2,000 to but not more than one year or a fine of P2,000 to P5,000 or both, at the discretion of the court: Provided, P5,000 or both, at the discretion of the court: Provided,

That in the case of corporations, partnerships, That in the case of corporations, partnerships, cooperatives or associations, the president, manager or cooperatives or associations, the president, manager or

administrator, or the person who has charge of the administrator, or the person who has charge of the construction, repair or renovation of the buildings, space construction, repair or renovation of the buildings, space or utilities shall be criminally responsible for any violation or utilities shall be criminally responsible for any violation

of this Act and/or rules and regulations promulgated of this Act and/or rules and regulations promulgated pursuant thereto.pursuant thereto.

Philippines Disability Law

Page 32: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Now, taking a look at the Now, taking a look at the realityreality of disability of disability law involving education and discrimination in law involving education and discrimination in

the Philippinesthe Philippines•• The situation of disability in the PhilippinesThe situation of disability in the Philippines

•• Women in the Philippines Women in the Philippines

•• Judith Judith HeumannHeumann on Education on Education

•• Discrimination Case Discrimination Case

•• Rehabilitation Programs and KAMPI Rehabilitation Programs and KAMPI

•• Comparison of conditions in the Philippines and U.S. Comparison of conditions in the Philippines and U.S. Philippines Disability Law

Page 33: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

Discussion QuestionsDiscussion QuestionsWhat are some of the weaknesses of Philippine What are some of the weaknesses of Philippine disability law, and what are some of the potential disability law, and what are some of the potential implications of these weaknesses?implications of these weaknesses?

In reviewing the disability laws in the Philippines, are In reviewing the disability laws in the Philippines, are there any parts that you think could be there any parts that you think could be beneficial/strengthen disability law in the United beneficial/strengthen disability law in the United States?States?

In comparing the laws of the United States and the In comparing the laws of the United States and the Philippines, what are some of the similar reasons for Philippines, what are some of the similar reasons for courtscourts’’ discriminating against people with disabilities discriminating against people with disabilities in their decisions? in their decisions?

Discussion

Page 34: Disability Rights in the Philippines · PDF fileDisability Rights in the Philippines (with a focus on education) Presentation by: Carolyn, Ryan, Holly, Chantel, & Erika

ReferencesReferences

Disability World (2008). (Disability World (2008). (www.disabilityworld.orgwww.disabilityworld.org ))World EnableWorld Enable (2008). ((2008). (www.worldenable.netwww.worldenable.net))US Social Security Administration: Philippines. (US Social Security Administration: Philippines. (www.ssa.govwww.ssa.gov).).The Official Website of the Republic of the Philippines (2008). The Official Website of the Republic of the Philippines (2008). ((http://www.gov.ph/http://www.gov.ph/))U.S. Department of Justice: Americans with Disability Act (2008)U.S. Department of Justice: Americans with Disability Act (2008). . ((http://www.ada.gov/cguide.htm#anchor65310http://www.ada.gov/cguide.htm#anchor65310))Disability Rights Education and Defense Fund (2008). Disability Rights Education and Defense Fund (2008). ((http://http://www.dredf.org/international/philippines.htmlwww.dredf.org/international/philippines.html))Global Initiative to Enfranchise People with Disabilities (2003)Global Initiative to Enfranchise People with Disabilities (2003). . ((www.electionaccess.orgwww.electionaccess.org))United Nations Educational, Scientific, and Cultural OrganizatioUnited Nations Educational, Scientific, and Cultural Organization (UNESCO) n (UNESCO) (2008). (2008). ““The Flagship on Education for All and the Right to education forThe Flagship on Education for All and the Right to education forPersons with Disabilities: Towards Inclusion. (Persons with Disabilities: Towards Inclusion. (www.unesco.orgwww.unesco.org))United Nations homepage (United Nations homepage (www.un.orgwww.un.org))Office of the High Commissioner for Human Rights. Office of the High Commissioner for Human Rights. Convention for the Convention for the Rights of the Child, 1990. Rights of the Child, 1990. ((http://www.unhchr.ch/html/menu3/b/k2crc.htmhttp://www.unhchr.ch/html/menu3/b/k2crc.htm) )