access to justice 131027

8/13/2019 Access to Justice 131027

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13th Philippine National Autism Conference

On the Occasion of the Celebration of 13thPhilippine National AutismConference with the Theme, Hope for ANation

09:30 a.m.26 October 2013

Meralco Multi-Purpose HallOrtigas Avenue, Quezon City

delivered by

Leila M. De Lima

Secretary


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By: Noel Mahilum


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Human Rights ofPWDs

human dignity + equality + non-discrimination

=freedom, justice and peace. Such postulation is enshrined in the 1987

Philippine Constitution declaring that the

state values the dignity of every human personand guarantees full respect for human rights.



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Disabled Persons shall be able to avail themselves ofqualified legal aid when such aid provesindispensable for the protection of their persons and

property. If judicial proceedings are instituted

against them the legal procedure applied shall taketheir physical and mental condition fully intoaccount.

-- Paragraph 11, Declaration on the Rights of DisabledPersons, Proclaimed by General Assembly resolution 3447of 9 December 1975



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Access to justice for people withdisabilities often meansovercoming obstacles ofdiscrimination, communication,

and physical access.Stereotypification anddiscrimination of PWDs by lawenforcement officials and other

employees of the justice systemresulted in the disincentive totap official government channels.


Who are PWDs?

ImageFrom:

http://thechart.blogs.cnn.co

m/2011/11/08/new-study

-suggests-autism-starts-in

-the-womb/

ImageFrom:http://www.chatel

aine.com/health/wellness/the-ba

ttle-over-the-cure-for-autism/


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Act Expanding the Positions Reserved for Persons with

Disability Anti-Bullying Act


NEW LAWS

Image From::http://lcdphilippinesfoundation.org/news/

lcdpfi-introduces-one-stop-shop-for-pwd-employment/

Image From: https://reader010.{domain}/reader010/html5/0619/5b2868e193884/5b2868f7


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Seeks to address de jure or de facto discrimination against PWDs bymaking it mandatory for government agencies and government-ownedcorporations to reserve one percent of their workforce for disabled persons.

Fleshes out Section 5 of the Magna Carta which states that No persons

with disability shall be denied access to opportunities for suitableemployment;" and that a qualified employee with disability shall be subjectto the same terms and conditions of employment and the samecompensation, privileges, benefits, fringe benefits, incentives or allowancesas a qualified able bodied person.

The new law also has an innovation as it encourages private companieswith more than 100 employees to hire disabled persons and set aside atleast one percent of their workforce for them.


Act Expanding the Positions Reserved forPersons with Disability


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Requires schools to adopt policies to prevent and address allacts of bullying in their institutions.

Carries no criminal liability for violations of the same.However, disciplinary actions, possibly including suspension

or expulsion, could be imposed pursuant to the rules andregulations that may be issued pursuant to the law.

The bully is also required to go through a rehabilitationprogram.

The principal or responsible officer may also notify the policeor other law enforcement agencies.


Anti-Bullying Act of 2013


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Severe or repeated use of a written,verbal or electronic expression, or aphysical act or gesture, or anycombination thereof, that has theeffect of actually causing or placing the

latter in reasonable fear of physical oremotional harm or damage to hisproperty; creating a hostileenvironment at school for the other

student; infringing on the rights of theother student at school; or materiallyand substantially disrupting theeducation process or the orderlyoperation of a school.


Bullying

Image From:http://www.philstar.com/allure/2012-10-14/859240/closer-look-bullying


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National Council on Disability Affairs (NCDA)

DOJ Action Center (DOJAC)

Council for the Welfare of Children (CWC)


Institutional Mechanisms


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National Council on Disability Affairs (NCDA)

Image From:https://reader010.{domain}/reader010/html5/0619/5b2868e193884/5b286922aeaeb.jpg

Image From:http://www.ncda.gov.ph/contact-us/


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compulsory disability screening

disability component


CWC

Image From:http://www.cwc.gov.ph/

Image From:http://www.cwc.gov.ph/


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By: Seth Chwast, diagnosed withautism as a young child.

He started to paint at age 20.

Seth has since traveled to many

countries opening his exhibits andsharing his vision of his world.


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Full human development is the optimaldevelopment of all that ishuman in all humans, thebringing to full flower of

the native genius of eachand of all.

-- JOSE W. DIOKNO


Image From:http://diokno.org/post/3612830697/quotes-by-jose-w-diokno


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Also By:

Seth Chwast


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Maraming

Salamat

Mga Kaibigan!

access to justice 131027

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