Disability Law

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Disability Law in Asia and the Pacific
Challenges in ensuring non-discrimination for
persons with disabilities. Aiko Akiyama Social
Afffairs Office Social Development Division ESCAP
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Purpose of the presentation

• To provide and discuss assessment of the existing
  disability laws in the region from the
  perspective of ensuring non-discrimination for
  persons with disabilities.
• To share some thoughts on the proposal of the
  DRTAP.

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Research base

• Disability at a glance 2009A profile of 36
  Countries and Areas in Asia and the Pacific
  (ESCAP 2009)
• Disability Policy Central (http//www.unescap.org/
  esid/psis/disability/policy_central/index.asp)
• Experts paper on the harmonization of the
  national legislation with the CRPD (Bangladesh,
  Republic of Korea, Laos, Vanuatu)

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Challenges in the disability law in Asia and the
Pacific from the perspective of ensuring
non-discrimination for persons with disabilities

• More than a few Government has insufficient legal
  ground for non-discrimination.
• The region has variance in definitions on
  disability and persons with disabilities.
• Few Governments have clearly operational
  definitions on discrimination.
• Many Governments laws are inconsistent with the
  CRPD requirements.

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More than a few Government has insufficient legal
ground for non-discrimination.

• No comprehensive disability law that states
  non-discrimination principle in countries in the
  region.
• Laos Decree was drafted, but the law was not
  adopted yet.
• Vanuatu National Disability Policy and Plan of
  Action 2008-2015 is in line with the CRPD. But
  there is no law.
• Few Governments have anti-discrimination law on
  disability
• Seven Governments ( Australia, Azerbaijian, Hong
  Kong China, India, Japan, Philippines and
  Republic of Korea) reported that they have
  anti-discrimination law.

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The region has variance in definitions on
disability and persons with disabilities.

• 31 (out of 36 Governments surveyed by ESCAP) has
  definition of disability.
• Several Governments associates disability as
  abnormality.
• Azerbaijan, Bangladesh, China
• At least 9 Governments define disability as
  attributed to ones impairment.
• Bangladesh, Cambodia, Fiji, Indonesia, Japan,
  Kiribati, Lao Peoples Democratic Republic,
  Mongolia, New Zealand, Pakistan and Viet Nam
• A few Governments define disability from the
  social model perspective.
• Malaysia, Thailand

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The region has variance in definitions on
disability and persons with disabilities.

• Coverage is not consistent throughout the region.
• For example, persons with autism is not included
  in Bangladesh.
• Interpretation of mental disabilities is not
  clear whether to mean persons with developmental
  disabilities or persons with psycho-social
  disabilities.
• For example, Mongolia mental problems.
• Azerbaijan, Mental abnormalities.

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Few Governments have clearly operational
definitions on discrimination.

• Definition of discrimination is not clear and not
  consistent in the region.
• Fiji Constitution prohibits discrimination on
  the ground of disability. But no subordinate
  laws to define discrimination.
• Philippines disability comprehensive law,
  prohibiting discrimination against persons with
  disabilities. But no definition on
  discrimination.
• Turkmenistan comprehensive law On Social
  Welfare prohibits discrimination on the ground
  of disability, but no definition of
  discrimination is provided.
• Australia anti-discrimination law includes
  operational definitions of discrimination and
  that includes both direct/indirect
  discrimination, discrimination for the lack of
  provision of reasonable accommodation.

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Many Governments laws are inconsistent with the
CRPD requirements.

• Clear conflicts with the message of the CRPD
• Korean Broadcasting law- sign language
  interpretation is not mandatory ??CRPD article on
  accessibility, sign language as a means of
  communication.
• Korean Basic Code of Healthy Families priority
  for institutionalization of persons with
  disabilities ??CRPD article on living
  independently and being included in community.
• Korean Single Parent Families Support Act
  exemption provision states that persons with
  disabilities cannot adopt a child. ??CRPD article
  on familiy life
• (Note In the light of the Korean
  anti-discrimination law on disability, they are
  planning reviewing the existing laws)

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Many Governments laws are inconsistent with the
CRPD requirements.

• Interpretation of laws and regulations that, in
  effect, sustains a vicious cycle of exclusion and
  poverty.
• Laos good health requirement in a lot of
  classified ads, in effect, promotes
  discrimination against persons with disabilities.
  
• Bangladesh quota system exists for persons with
  disabilities (10 per cent). But a candidate has
  to be medically fit.

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Conclusion and few thoughts on the regional
disability tribunal

• Weak legal ground to ensure the rights
  realization of persons with disabilities in Asia
  and the Pacific as many of the laws clearly do
  not sanction discriminations against persons with
  disabilities.
• Disability Regional Tribunal can showcase the
  region what it means by disability-based
  discrimination and ultimately contribute to the
  upgrading of the national legislation.
• DRTAP might be able to overcome the report
  fatigue syndrome of the present treaty committee.

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Conclusion and few thoughts on the regional
disability tribunal

• Strategic issues for the establishment of the
  official tribunal
• Tran-boundary issues can united Governments.
• Subregional approach

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Thank you!!Lets do the right thing for the
rights of persons with disabilities.