HUMAN RIGHTS

University of the Cordilleras

by: VJT & EPT

RA 7277
Magna Carta for Disabled
Persons

RA 7277

AN ACT PROVIDING FOR THE

REHABILITATION, SELF-DEVELOPMENT AND
SELF-RELIANCE OF DISABLED PERSON AND
THEIR INTEGRATION INTO THE MAINSTREAM
OF SOCIETY AND FOR OTHER PURPOSES

Salient Features of RA 7277

Title III Chapters 1-3, Sections 32-36
DISCRIMINATION

T-ransportation
E-mployment
A-ccommodations (public)

Sec. 34 Discrimination on
Transportation

C-harging higher fare

R-efusal to convey
Reason: persons disability

SECTION 32. Discrimination on

Employment
(LLiFaTES-)
Providing Less compensation, such as salary, wage
or other forms of remuneration and fringe benefits,
to a qualified disabled employee, by reason of his
disability
Limiting, segregating or classifying a disabled job
applicant in such a manner that adversely affects
his work opportunities
Favoring a non-disabled employee over a qualified
disabled employee with respect to promotion,
training opportunities, study and scholarship
grants, solely on account of the latters disability

 Dismissing or Terminating the services of a disabled

employee by reason of his disability unless the
employer can prove that he impairs the satisfactory
performance of the work involve to the prejudice of
the business entities; Provided, however, That the
employer first sought provide reasonable
accommodations for disabled persons
Excluding disabled persons from membership in
labor unions or similar organization
Using qualification standards, employment tests or
other selection criteria that screen out or tend to
Screen out a disabled person unless such standards,
tests or other selection criteria are shown to be job
related for the position on question and are
consistent with business necessity

Section 25 Barrier-Free
Environment

Section 5 of RA 7277
Five percent (5%) of all casual,
emergency and contractual positions in
the Department of Social Welfare and
Development; Health; Education, Culture
and Sports; and other government
agencies, offices or corporations engaged
in social development shall be reserved for
disabled persons.

Section 22, RA 7277

Amendments of RA 7277

RA 9442
Section 32
-20% discounts
-educational assistance
-GSIS/SSS/PhilHealth
-Provision of express lanes

SEC. 40. 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.
SEC. 42. 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.

Penal Clause
(1) For the first violation, a fine of not less than Fifty
Thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) or
imprisonment of not less than six months but not
more than two years, or both at the discretion of the
court; and
(2) For any subsequent violation, a fine of not less
than One hundred thousand pesos (P100,000.00) but
not exceeding Two hundred thousand pesos
(P200,000.00) or imprisonment for not less than two
years but not more than six years, or both at the
discretion of the court.

amendments
RA 10070
Amended

Section 40, RA 7277

Creation of the PDAO and the
designation of a focal person

amendments

RA 10524
amended

section 5 of RA 7277
Reservation of 1% of ALL POSITIONS of all
positions in all government agencies,
offices or corporations
private corporations with more than one
hundred (100) employees are encouraged
to reserve at least one percent (1%) of all
positions for persons with disability."

Jurisprudence in Relation to RA
7277
Bernardo,

et al., vs NLRC
( G.R. No 122917, July 12, 1999)

Compliance and Application

Batangas City a research was conducted by
Batangas State University to assess the Local
Government of Batangas of the compliance
of RA 7277. The local government of
Batangas city complies to the mandates of
RA No. 7277 to moderate extent in relation to
employment, education, facilities,
infrastructure, and transportation, health,
social services and political and civil rights as
perceived by the persons with disability.

Province of Cebu and other provinces - their

Provincial Government declared and observed
the month of July as their annual Person with
Disabilities Month. The activity is aimed to raise
awareness and eliminate social discrimination
towards people with physical impairment, include
them in regular employment procedures, and
provide them livelihood opportunities and
appropriate benefits.

Assessment of Phil. laws

concerning PWDs
-in accordance to UNs four approaches to
disability

Four approaches to disability

Convention
Time
Charity approach
Medical approach
Social approach
Human rights
approach

Charity approach

Charity
house

Poor people, we should

help them, if we can and
want to

Charity approach
How this
approach
sees
disability:

Persons with disabilities are in a tragic situation

Persons with disabilities cannot take care of
themselves
Persons with disabilitiesinspire compassion
Persons with disabilities are objects of benevolence

How this
approach
proposes to
treat
disability:

They need our help, sympathy, charity

Who is the
duty bearer
on disability
issues:

Benevolent persons, charity houses, homes,

foundations, religious institutions

Collect and give money to provide for persons with

disabilities.
The quality of the care is less important

Medical approach
Rehabilitati
on centre

Poor people, we should fix

them, so they can
participate.

Medical approach
How this
approach
sees
disability:

How this
approach
proposes to
treat
disability:
Who is the
duty bearer
on disability
issues:

Persons with disabilities need to becured

Persons with disabilities play thepassive role of
patients
Persons with disabilities are considered abnormal
Persons with disabilities are unable tolive
independently
Persons with disabilities need as much
rehabilitation as possible to reach the best extent
of normality, in order to access rights and
participate in society

Doctors and health authorities

Often health ministry

Consequences of charity/medical
approaches
Segre
Segre
gation
gation
Submissi
Submissi
on
on //
Disempo
Disempo
werment
werment

Optiona
Optiona
ll
benevol
benevol
ence
ence
instead
instead
duty/rig
duty/rig
hts
hts

Forced
Forced
instituti
instituti
onalizati
onalizati
on
on

Stigmat
Stigmat
ization
ization

Depen
Depen
dence
dence
Image
Image
dispara
dispara
gement
gement

Low
Low
selfselfesteem
esteem

Social approach
We need to eliminate the barriers to
enable the participation of persons
with disabilities.

Hospital

School

Social approach
How this
approach
sees
disability:

Disability is the result of a wrong way of organizing society:

thus, persons with disabilities face bias and barriers that
prevent their equal participation

How this
approach
proposes to
treat
disability:

Eliminate environmental barriers that constrain the

participation of persons with disabilities, including attitudinal
barriers
Enable the participation of persons with disabilitiesin public
policymaking
Make all public services and polices accessible and inclusive
Ensure accessibility

Who is the
duty bearer
on disability
issues:

State, all ministries, society

Disability is not anindividual problem and mainlylies in the

Personswith
disabilitiescan
andlimiting
should participate in society
social environment
that can be
orempoweringdepending on many factors

Persons with disabilities are part of

human diversity

Being human has a broad spectrum of possibilities

MANY WAYS OF
WALKING

MANY WAYS OF
SEEING

MANY WAYS OF
THINKING

MANY WAYS OF
COMMUNICATING

MANY WAYS OF
INTERACTING

Etc.

Human rights approach

We, persons with and without
disabilities, are part of the same
society and we have the same rights
and obligations
Equal
participatio
n

Co
on nv
No ent
w i
!

dis No
cri nm
o n in a t
i

State

Human rights approach

How this
approach
sees
disability:

Ensures full and equal enjoyment of all human rights to

persons with disabilities, and promotes respect for their
inherent
dignity opportunities,non-discrimination on the
Focuses onequal
basis ofdisabilityand participation in society
Requires authorities to ensure rights and not restrict them
Views personswith disabilities as rights-holders

How this
approach
proposes to
treat
disability:

Enforce laws to ensure full inclusion in all social aspects

(school, family, community, work, )
Apply policies to raise awareness

Who is the
duty bearer
on
disability
issues:

State, all ministries and society

Respect equal recognition before the law

Regulate the private sector

Human rights approach

How this
approach
sees
disability:

Ensures full and equal enjoyment of all human rights to

persons with disabilities, and promotes respect for their
inherent
dignity opportunities,non-discrimination on the
Focuses onequal
basis ofdisabilityand participation in society
Requires authorities to ensure rights and not restrict them
Views personswith disabilities as rights-holders

How this
approach
proposes to
treat
disability:

Enforce laws to ensure full inclusion in all social aspects

(school, family, community, work, )
Apply policies to raise awareness

Who is the
duty bearer
on
disability
issues:

State, all ministries and society

Respect equal recognition before the law

Regulate the private sector

Key principles of a human rights

approach
Inclusion

Participation

Accessibility

Nondiscrimination

Respect for
difference and
diversity

Equality of
opportunities

Respect for
inherent
dignity

RA 7277 in relation to Poverty

Reduction

By enacting Republic Act 7277, the

Government has greatly recognized that
Persons with Disabilities have opportunity to
stand independently without prejudice to
themselves, they gain more confidence to
contribute in the society and their mentality
that they are burden of the society is
greatly diminished.

Hindrances in the
implementation of the laws
-lack of statistical data of PWDs in the
Philippines

Article 31 of the United NationsConvention on the

Rights of PWDs directs state parties to collect
appropriate information, including statistical and
research data on disability.

Hindrances

Some establishments refuses to honor the

privileges granted to PWDs by law