Article 32Labor and Agrarian Laws and Social Legislation, p. 32

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

c) Opportunity to Participate — Notwithstanding the

existence of separate or different programs or activities

provided in accordance with this section, an individual

with a disability shall not be denied the opportunity to

participate in such programs or activities that are not

separate or different.

d) Association — It shall be discriminatory to exclude

or

otherwise

deny

equal

goods,

services,

facilities,

advantages,

privileges,

accommodations

or

other

opportunities to an individual or entity because of the

known

disability

of

an

individual

with

whom

the

individual or entity is known to have a relationship or

association.

e) Prohibitions — For purposes of this Section, the

following shall be considered as discriminatory:

1)

the

imposition

or

application

of

eligibility

criteria that screen out or tend to screen out

an individual with a disability or any class or

individuals with disabilities from fully and

equally enjoying any goods, services, facilities,

privileges, advantages, or accommodations,

unless such criteria can be shown to be

necessary for the provision of the goods,

services,

facilities,

privileges,

or

accommodations being offered;

2) a failure to make reasonable modifications in

policies, practices, or procedures, when such

modifications are necessary to afford such

goods,

services,

facilities,

privileges,

advantages,

or

accommodations

to

individuals with disabilities, unless the entity

can

demonstrate

that

making

such

modifications would fundamentally alter the

nature

of

the

goods,

facilities,

services,

privileges, advantages, or accommodations;

3) failure to take such steps as may be necessary

to ensure that no individual with a disability is

excluded,

denied

services,

segregated

or

otherwise

treated

differently

than

other

individuals

because

of

the

absence

of

auxiliary aids and services, unless the entity

can

demonstrate

that

taking

such

steps

would fundamentally alter the nature of the

good, service, facility, privilege, advantage or

accommodation

being

offered

or

would

result in undue burden;

4) a failure to remove architectural barriers, and

communication barriers that are structural in

nature,

in

existing

facilities,

where

such

removal is readily achievable; and

5) where an entity can demonstrate that the

removal of a barrier under clause (4) is not

readily achievable, a failure to make such

goods,

services,

facilities,

privileges,

advantages,

or

accommodations

available

through alternative methods if such methods

are readily achievable.

SECTION 39. Use of Government Recreational or

Sports Centers Free of Charge . — Recreational or sports

centers owned or operated by the Government shall be

used,

free

of

charge,

by marginalized persons with

disability

during

their

social,

sports

or

recreational

activities.

SECTION 40. Implementing Rules and Regulations .

— The Department of Public Works and Highways shall

formulate

the

rules

and

regulations

necessary

to

implement the provisions of this Chapter

TITLE FOUR Prohibitions on Verbal, Non-verbal

Ridicule and Vilification Against Persons with

Disability

CHAPTER 1 Deliverance from Public Ridicule

SECTION 41. Public Ridicule . — For purposes of this

Chapter, public ridicule shall be defined as an act of

making

fun

or

contemptuous

imitating

or

making

mockery of persons with disability whether in writing, or

in words, or in action due to their impairment/s.

SECTION 42. No individual, group or community shall

execute any of these acts of ridicule against persons with

disability in any time and place which could intimidate or

result in loss of self-esteem of the latter.

CHAPTER 2 Deliverance from Vilification

SECTION 43. Vilification . — For purposes of this

Chapter, vilification shall be defined as:

(a)

The

utterance

of

slanderous

and

abusive

statements against a person with disability; and/or

(b) An activity in public which incites hatred towards,

serious contempt for, or severe ridicule of persons with

disability.

SECTION 44. Any individual, group or community is

hereby prohibited from vilifying any person with disability

which could result into loss of self-esteem of the latter. (As

amended by RA No. 9442, [April 30, 2007]) .

TITLE FIVE Final Provisions

SECTION 45. Housing Program . — The National

Government shall take into consideration in its national

shelter program the special housing requirements of

persons with disability.

SECTION 46. Role of National Agencies and Local

Government Units . — (a) Local government units shall

promote the establishment of organizations of persons

with

disabilities (PWDs) in their respective territorial

jurisdictions. National agencies and local government

units may enter into joint ventures with organizations or

associations of PWDs to explore livelihood opportunities

and other undertakings that shall enhance the health,

physical fitness and the economic and social well-being

of PWDs.

(b)

Local

government

units

shall

organize

and

establish the following:

(1)

Persons

with

Disability

Affairs

Office

(PDAO)

A PDAO shall be created in every province,

city and municipality. The local chief executive

shall appoint a PWD affairs officer who shall

manage and oversee the operations of the office,

pursuant to its mandate under this Act. Priority

shall be given to qualified PWDs to head and

man the said office in carrying out the following

functions:

(i)

Formulate

and

implement policies,

plans and programs for the promotion of the

welfare

of

PWDs

in

coordination

with

concerned national and local government

agencies;

(ii) Coordinate the implementation of the

provisions of this Act, Batas Pambansa Blg.

344 , otherwise known as the Accessibility

Law , and other relevant laws at the local level;

(iii) Represent PWDs in meetings of local

development

councils

and

other

special

bodies;

(iv)

Recommend

and

enjoin

the

participation

of

nongovernment

organizations

(NGOs)

and

people's

organizations (POs) in the implementation of

all disability-related laws and policies;

(v) Gather and compile relevant data on

PWDs in their localities;

(vi)

Disseminate information including,

but not limited to, programs and activities for

PWDs, statistics on PWDs, including children

with disability, and training and employment

opportunities for PWDs;

© Compiled By RGL

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