“Protection of the Rights of the Persons with Disabilities Act, 2013” was passed with a view to ensuring the rights and dignity of persons with disabilities. The newly enacted law will abolish the former “Bangladesh Persons with Disability Welfare Act, 2001.” The aim of the act is to guarantee the educational, physical and mental improvement of disabled persons and to support their participation in social and state activities by removing all sorts of discrimination. Bangladesh has enacted this legislation to comply with the United Nations Convention on the Rights of the Persons with Disabilities, of which Bangladesh is a party to.
Who is considered as disabled?
According to the law, any person suffering from the following forms of disorders are considered as disabled: autism or autism spectrum disorders, physical disability, mental illness leading to disability, visual infirmity, speech impairment, intellectual disability, hearing infirmity, deaf-blindness, cerebral palsy, down syndrome, multiple disability, and other disabilities.
The national coordination committee for the protection of the rights of the disabled persons
A national coordination committee shall be formulated, it will be headed by the minister of ministry of social welfare and comprised of secretaries of various ministries. The primary function of the committee is to coordinate the activities undertaken by the government, constitutional and national non-government entities with a view to protecting the rights of the persons with disabilities.
Rights accorded to the disabled persons
The law stipulated 21 rights for the disabled persons. The disabled persons must get the national identity cards, and be listed in the voters roll. Even, they will be able to contest in the polls. The new law will help make the people with disabilities capable of contributing to the country’s development and welfare. According to the newly enacted law, another 19-member national executive committee, headed by the social welfare secretary, will work for national implementation of the law, and ensures the following rights:
To survive and grow in full
Legal recognition in every sphere of life, and access to justice
Right to inheritance
Freedom of expression and opinion, and access to information
To live in a society with parents, legitimate or legal guardian and children, and to have marital relations and to form families
Accessibility
To participate fully and effectively in social, economic and state activities according to the type of disability
To attend every level of education and educational institutions – either special or integrated, subject to the receipt of appropriate benefits
To be employed in government and private institutions
If disability occurs while in service, to continue in service, or to get appropriate rehabilitation
To get a safe and healthy environment and protection from persecution
Subject to availability, the highest quality of health services
To have congenial environment for the convenience and reasonable accommodation in all areas including education and work
To get appropriate service and rehabilitation to attain physical, mental and technical capacity in order to fully integrate in all aspects of the society
To obtain safe housing and rehabilitation, as far as possible, for individuals with disabilities who are dependent on the parents and subsequently isolated from parents
To participate in culture, entertainment, tourism, leisure and sporting activities
According to the desire of hearing-impaired and speech-impaired persons, as far as possible, Bengali sign language to be accepted as the first language
To have confidentiality of personal information
To form self- supporting organisations and welfare associations
To receive national identity cards, inclusion in the list of voters, to give vote and to participate in elections
Any other rights prescribed by the government by notification in the official gazette
Reservation of seats for persons with disabilities in public transport
According to the law, five percent of the total number of seats in any public transport shall have to be reserved for persons with disabilities within the period specified by the government by notification in the official gazette. If the owner or the authority of any public transport contravenes this provision, or if any driver, supervisor or conductor does not help a disabled person to take a seat in the reserved seats, the registration of that public transport shall be cancelled upon investigation and recommendation by the committee.
Admission of disabled person in educational institutions
No educational institution shall reject the application for admission of any person only because of the disability of such person despite having all other qualifications. If any educational institution breaches this provision and discriminates against any the disabled person, the agrieved may lodge a complaint to the concerned committee.
If any such complain is received by the committee, the committee may take necessary measures against the head of the institute or the concerned authority after giving the head or the authority an opportunity to be heard.
Ensuring accessibility for disabled persons in public structures
To ensure accessibility for disabled persons in all public structures, Building Construction Act, 1952 and rules made thereunder shall be followed. After the commencement of this Act, necessary facilities have to be installed in all public structures for the disabled people to ascend, move and to make those easily accessible as soon and as much as possible. Here, public buildings mean all public and private buildings, parks, stations, ports, terminals and roads.
Non-discrimination in employment due to disability
Despite being qualified for a position, which is suitable for a disabled person according to the type of disability, no disabled person shall be deprived of or discriminated against in getting such position.
If any question arises as to whether any position is suitable for any disabled person, the national coordination committee shall provide necessary instruction and the instruction provided by the national coordination committee shall be final.
- See more at:
http://www.dhakatribune.com/juris/2014/apr/10/protecting-rights-persons-disabilities
