III. EXCERPTS FROM NATIONAL LEGISLATION CONCERNING PERSONS WITH DISABILITIES

This section contains the text of those sections pertaining to assistive devices in the national legislation concerning persons with disabilities of selected developing countries of the ESCAP region.

A. China

Law of the People's Republic of China
on the Protection of Disabled Persons

Chapter II : Rehabilitation

Article 14. (Guiding Principle)

The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques with traditional Chinese techniques, with rehabilitation institutions as the core and community-based rehabilitation as the basis, and relying on the families of disabled persons for support. Emphasis shall be laid on rehabilitation projects which are practical, easy to realize and widely beneficial. Efforts shall also be made in the research, exploration and application of new rehabilitation technology so as to provide more effective rehabilitation service for disabled persons.

Article 16. (Personnel Training)

Medical colleges and schools and other relevant educational institutes should, in a planned way, offer curricula and specialities on rehabilitation so as to train various kinds of rehabilitation specialists.

The state and society shall provide various forms of technical training for personnel engaged in rehabilitation work, popularize knowledge of rehabilitation among disabled persons, their family members, relevant staff and volunteers and teach them methods of rehabilita- tion.

Article 17. (Appliances)

The concerned governmental departments should organize and support the research, production, supply and maintenance of rehabilitation equipment, appliances for self-reliance, as well as special and other assistive devices for persons with disabilities.

Chapter III : Education

Article 26. (Auxiliary Means)

The concerned governmental departments shall organize and support the research and application of braille and sign language, the compilation, writing and publication of special education teaching materials and the research, production and supply of teaching apparatus and other auxiliary facilities for special education.

Regulations on the Education of Persons with Disabilities

Chapter VII : Guarantee for Material Conditions

Article 43

The people's government of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the special features of the education of persons with disabilities and on the basis of the guiding standards of the competent administrative departments under the State Council, lay down, within their respective administrative areas, standards for construction, expenditure and allocation of teaching aids and equipment to schools for persons with disabilities.

Article 48

The people's government at or above the county level and their concerned departments shall adopt preferential policies and measures to support the research and production of instruments and equipment, teaching aids, as well as assistive devices and other auxiliary articles used for the education of persons with disabilities, and to support educational institutions for persons with disabilities in the establishment and development of school-run enterprises or welfare enterprises.

Chapter VIII : Rewards and Punishments

Article 49

Rewards shall be given by the people's government at various levels or their administrative departments of education to units and individuals that have performed any of the following deeds:

(3) Achieved remarkable success in the research and production of instruments, equipment, teaching aids and assistive devices used for the education of persons with disabilities, as well as in improving the quality of their education;

B. India

The Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Chapter V : Education

27. The appropriate Governments and the local authorities shall by notification make schemes for

(e) conducting class and discussions through interactive electronic or other media;

(f) providing every child with disability free of cost special books and equipments needed for his education.

28. The appropriate Governments shall initiate or cause to be initiated research by official and non-governmental agencies for the purpose of designing and developing new asssistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.

30. Without prejudice to the foregoing provisions, the appropriate Governments shall by notification prepare a comprehensive education scheme which shall make provision for

Chapter VII : Affirmative action

42. The appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities.

Chapter IX : Research and manpower development

48. The appropriate Governments and local authorities shall promote and sponsor research, inter alia, in the following areas:

...

(e) on site modifications in offices and factories.

C. Pakistan

Ordinance No. XL of 1981
(An Ordinance to Provide for the Employment, Rehabilitation and Welfare of Disabled Persons)

13. Establishment of training centres. The Provincial Council shall arrange for the training of disabled persons in such trades or vocations as it thinks fit, and shall establish training centres in such trades or vocations and in such a manner as may be prescribed by the Provincial Government.

17. Fund. There shall be established by the Federal Government a Fund to be known as the Disabled Persons Rehabilitation Fund which shall comprise

(a) all sums paid by the establishment under section 11;

(b) all grants, if any, made by the Federal Government, Provincial Governments or local bodies; and

(3) The Fund shall be utilized for

(e) providing artificial limbs, surgical therapy and medical treatment to disabled persons.

D. Philippines

Magna Carta for Disabled Persons

(Republic Act No. 7277 An Act Providing for the Rehabilitation, Self-Development and Self-Reliance of Disabled Persons and Their Integration into the Mainstream of Society and for Other Purposes)

TITLE ONE -
GENERAL PROVISIONS

Chapter 1 : Basic Principle

Section 4. Definition of Terms. For purposes of this Act, these terms are defined as follows:

(g) Auxiliary Aids and Services include:

(1) qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments;

(2) qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments;

(3) acquisition or modification of equipment or devices; and

(4) other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability;

(h) Reasonable Accommodation include (1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons; and (2) modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provision of auxiliary aids and services, and other similar accommodations for disabled persons;

TITLE TWO -
RIGHTS AND PRIVILEGES OF DISABLED PERSONS

Chapter 2 : Education

Section 12. Access to Quality Education. The State shall ensure that disabled persons are provided with adequate access to quality education and ample opportunities to develop their skills. It shall take appropriate steps to make such education accessible to all disabled persons. It shall be unlawful for any learning institution to deny a disabled person admission to any course it offers by reason of handicap or disability.

The State shall take into consideration the special requirements of disabled persons in the formulation of educational policies and programs. It shall encourage learning institutions to take into account the special needs of disabled persons with respect to the use of school facilities, class schedules, physical education requirements, and other pertinent consideration.

The State shall also promote the provision by learning institutions, especially higher learning institutions, of auxiliary services that will facilitate the learning process for disabled persons.

Section 15. Vocational or Technical and Other Training Programs. The State shall provide disabled persons with training in civics, vocational efficiency, sports and physical fitness, and other skills. The Department of Education, Culture and Sports shall establish in at least one government-owned vocational and technical school in every province a special vocational and technical training program for disabled persons. It shall develop and implement sports and physical fitness programs specifically designed for disabled persons taking into consideration the nature of their handicap.

Section 17.State Universities and Colleges. If viable and needed, the State University or State College in each region or province shall be responsible for (a) the development of material appliances and technical aids for disabled persons; (b) the development of training materials for vocational rehabilitation and special education instructions; and (c) the research on special problems, particularly of the visually-impaired, hearing-impaired, speech-impaired, and orthopedically-impaired students, mentally retarded, and multi-handicapped and others, and the elimination of social barriers and discrimination against disabled persons; and (d) inclusion of the Special Education for Disabled (SPED) course in the curriculum.

The National Government shall provide these state universities and colleges with the necessary special facilities for visually-impaired, hearing-impaired, speech-impaired, and orthopedically-impaired students. It shall likewise allocate the necessary funds in support of the above.

Chapter 3 : Health

Section 19. Rehabilitation Centers. The Department of Health shall establish medical rehabilitation centers in government provincial hospitals, and shall include in its annual appropriation the necesssary funds for the operation of such centers.

The Department of Health shall formulate and implement a program to enable marginalized disabled persons to avail of free rehabilitation services in government hospitals.

Section 20. Health Services. The State shall protect and promote the right to health of disabled persons and shall adopt an integrated and comprehensive approach to their health development which shall make essential health services available to them at affordable cost.

The National Government shall provide an integrated health service for disabled persons which shall include, but not limited to, the following:

(a) prevention of disability through immunization, nutrition, environmental protection and preser-vation, and genetic counseling; and early detection of disability and timely intervention to arrest disabling condition; and

(b) medical treatment and rehabilitation.

The Department of Health shall field medical personnel specializing in the treatment and rehabilitation of disabled persons to provincial hospitals and, when viable, to municipal health centers. It shall also train its field health personnel in the provision of medical attention to disabled persons. It shall further ensure that its field health units have the necessary capabilities to fit prosthetic and orthotic appliances on disabled persons.

Chapter 4 : Auxiliary Social Services

Section 21. Auxiliary Social Services. The State shall ensure that marginalized persons are provided with the necessary auxiliary services that will restore their social functioning and participation in community affairs. Toward this end, the Department of Social Welfare and Development shall develop and implement programs on auxiliary social services that respond to the needs of marginalized disabled persons. The components of such a program shall be as follows:

(a) assistance in the acquisition of prosthetic devices and medical intervention of specialty services;

Chapter 5 : Telecommunications

Section 23. Telephone Services. All telephone companies shall be encouraged to install special telephone devices or units for the hearing-impaired and ensure that they are commercially available to enable them to communicate through the telephone system.

Section 24. Free Postal Charges for the Disabled. Postal charges shall be free on the following:

(a) articles and literatures like books and periodicals, orthopedic and other devices, and teaching aids for the use of the disabled sent by mail within the Philippines and abroad; and

(b) aids and orthopedic devices for the disabled sent abroad by mail for repair;

Provided, That the aforesaid items are for personal purposes only: Provided further, That the disabled person is a marginalized disabled as certified by the Social Welfare and Development Office of the local government unit concerned or the Department of Social Welfare and Development.

Chapter 6 : Accessibility

Section 26. Mobility. The State shall promote the mobility of disabled persons. Disabled persons shall be allowed to drive motor vehicles, subject to the rules and regulations issued by the Land Transportation Office pertinent to the nature of their disability and the appropriate adaptations or modifications made on such vehicles.

TITLE THREE -
PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS

Chpater 2 : Discrimination on Transportation

Section 34. Public Transportation. It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his disability.

Chapter 3 : Discrimination on the Use of Public Accommodations and Services

Section 36. Discrimination on the Use of Public Accommodation. (a) No disabled persons shall be discriminated on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. The following constitute acts of discrimination:

(e) Prohibitions For purposes of this Section, the following shall be considered as discriminatory:

(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;

TITLE FOUR -
FINAL PROVISIONS

Section 42. Tax Incentives.

(c) Local manufacturing of technical aids and appliances used by disabled persons shall be considered as a preferred area of investment subject to the provisions of Executive Order No. 226 otherwise known as the "Omnibus Investments Code of 1987" and, as such, shall enjoy the rights, privileges and incentives as provided in said Code such as, but not limited, to the following:

(1) repatriation of investments;

(2) remittance of earnings;

(3) remittance of payments on foreign contracts;

(4) freedom from expropriations;

(5) freedom from requisition of investment;

(6) income tax holiday;

(7) additional deduction for labour expense;

(8) tax and duty exemption on imported capital equipment;

(9) tax credit on domestic capital equipment;

(10) exemption from contractor's tax;

(11) simplification of customs procedures;

(12) unrestricted use of consigned equipment;

(13) employment of foreign nationals;

(14) tax credit for taxes and duties on raw materials;

(15) access to bonded manufacturing/trading warehouse system;

(16) exemption from taxes and duties on imported spare parts; and

(17) exemption from wharfage dues and any export tax, duty, impost and fee.

Section 45. Authority of Court. The court may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this Act:

(a) granting temporary, preliminary or permanent relief;

(b) providing an auxiliary aid or service, modification of policy, practice or procedure, or alternative method; and

IMPLEMENTING RULES AND REGULATIONS OF THE MAGNA CARTA FOR DISABLED PERSONS (Republic Act No. 7277)

RULE I : DEFINITION OF TERMS

Auxiliary Aids and Services include:

1. Qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments;

2. Qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments;

3. Acquisition or modification of equipment or devices; and

4. Other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability.

Customized Vehicle - a vehicle manufactured, reconstituted or reassembled to suit the particular user according to his personal requirements, needs or desire.

Reasonable Accommodation - includes 1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons; and 2) modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provision of auxiliary aids and services, and other similar accommodations for disabled persons.

Special Facilities - means the special environment devoid of architectural and attitudinal or social barriers that further incapacitate a disabled person to function as able as possible. Said facilities, likewise, refer to special equipment, gadgets, machineries and tools of production adapted to the residual capabilities of disabled persons.

Technical Aids - include equipment, devices and appliances that are used in the prevention, treatment and rehabilitation of disabilities.

RULE II

Section 4. Incentives for Employers

4.1 Incentives.

...

(b) Private entities that improve or modify their physical facilities in order to provide reasonable accommodation for disabled persons shall be entitled to an additional deduction from their net taxable income, equivalent to fifty percent (50%) of the direct cost of the improvements or modifications. This Section, however, does not apply to improvements or modifications of facilities required under B.P. Blg. 344.

4.2 Requirements for entitlement to incentives.

The following shall be the requirements for entitlement to the incentives:

B. For improving or modifying physical facilities for reasonable accommodation for disabled employees:

(a) Certification from the building inspectors in consultation with the DSWD and other concerned groups in the region where the facilities are located.

RULE III

Section 1. Quality Education for Learners with Special Needs

1.2 Formal Education

In order to ensure that quality education is accessible, the following components namely, curriculum, educational programs, teaching methods and services shall be given importance by learning institutions:

...Learners with visual impairment in these levels shall be given the necessary service such as: reading, writing braille, record library services, orientation and mobility, optical and medical services, counselling and other assistance.

3. For persons with orthopedic handicaps, quality education shall be given in the same manner as those in the regular education except that school facilities and physical environment shall be in compliance with B.P. Blg. 344 and they shall be allowed to attend classes in the ground floors of the school buildings whenever possible. Class schedule and other pertinent considerations shall be made to suit their learning requirements.

Section 2. Program Modification and Eligibility for Financial Assistance

2.1 Modified Facilities and Equipment for Learners with Special Needs

The following shall be the minimum requirements which shall facilitate the learning process of persons with disabilities:

a) For Academic Institutions

For persons with visual impairment sensory and tactile materials, braille books and record materials, braille writing, printing and reading machines, orientation and mobility equipment.
For persons with hearing impairment group or individual hearing aids, speech trainers, tape recorders and speech or language kit containing auditory and language training materials.
For persons with orthopedic handicaps the requirements provided for by B.P. 344 shall be complied with including adjustable desks or chairs and adapted physical education apparatuses.
For persons with mental retardation facilities, equipment and instructional materials for developing skills in self-care, socialization, motor, cognitive and pre-vocational and vocational training.
Other types of learners with special needs: those with behavioral problems including those with autism, those with learning disabilities and those with multiple handicaps instructional devices and equipment for behavior modification, perceptual motor training, daily living skills, language and speech and cognitive skills development.

b) Vocational and Technical Schools and Centers for Learners with Special Needs

To equip learners with special needs with vocational skills for gainful employment, on the job or hands-on training and apprenticeship programs shall be encouraged.

For persons with visual impairment tools and machineries used must have braille marks and sound identifying features and other adaptations.
For persons with hearing impairment signal lights, signs and other adaptations shall be incorporated in the tools and machineries.
For persons with orthopedic handicaps tools and machineries shall have adapted devices which include but is not limited to the following:
Hand control for learners with special needs with non-functioning legs and feet; control panels for those with non-functioning hands; and mouth control device for those with non-functioning limbs. Height and size of the machines shall be considered in making adaptations in the teaching-learning environment.
For persons with mental retardation appropriate sheltered workshops, work centers and other similar arrangements.
For other types of learners with special needs those adaptations mentioned in numbers 1, 2, 3 and 4 as needed.

RULE IV

...

4. Other Health Services

4.1 The Department of Health shall set the standard requirements and capabilities for care of disabled persons appropriate for each level of health care facility.

4.3 It shall develop standards on technical aids produced locally.

...

Section 5. Establishment of Medical Rehabilitation Centers at the Provincial Level

A. Operational Guidelines for Provincial Medical Rehabilitation Centers

3. The basic minimum requirements for equipment and supplies for a provincial medical rehabilitation center shall consist of the following appropriate technological devices:

3.1 Hydrocollator with pack

3.2 Treatment table with pelvic traction (optional)

3.3 Cervical traction (optional)

3.4 Therapeutic ultrasound

3.5 Portable electrical stimulator

3.6 Therapeutic gym

3.6.1 Parallel bar with postural mirror

3.6.2 Overhead pulley

3.6.3 Weights

3.6.4 Stairs and ramp

3.6.5 Bicycle with ergometer

3.6.6 Toys

3.7 Evaluation kits

3.8 Mats

3.9 Adapted tables and chairs

3.10 Stove and water heater

RULE V

Section 1. Auxiliary Social Services

The Social Worker shall provide these services through the following procedures:

A. Provide subsidized program for the acquisition of prosthetic devices and Medical Intervention on Specialty Services. This service shall assist the marginalized disabled person to improve his physical residual capacity through medical intervention and/or use of technical devices. The City/Municipal Social Worker shall undertake the following steps:

1. Inform the community of the availability of the assistance for physical restoration services for disabled persons.

2. Refer the client to a doctor in the Regional Hospital or any other government hospital specializing in the provision of physical restoration devices for medical and physical assessment to determine the need for physical restoration.

3. Consult and coordinate with attending physician the need for prosthetic devices and/or medical intervention to restore residual physical capacities. Specification of prosthetic devices shall be recommended by the medical specialist.

4. Mobilize resources of the family, the community and coordinate with government and non-government agencies involved in disabled persons to assist in hospitalization and other needs while client is undergoing prosthesis fitting and medical intervention services.

5. Discuss with the disabled person and his family upon recommendation for prosthetic and/or medical intervention by the doctor, the advantages and disadvantages of the intervention.

6. Motivate and counsel client to undergo the treatment.

7. Refer the client to the government hospital to avail of prosthetic devices and/or surgical intervention.

8. Whenever necessary, the transportation assistance shall be provided to enable the disabled person to travel to and from the hospital.

The Department of Health shall adopt a standard on technical aids produced in the country both by local and foreign manufacturers.

B. Provision of auxiliary aids and services.

The following services shall be provided by appropriate government and non-government agencies:

1. Services of qualified interpreters and readers shall be provided by the organizing agency when these services are necessary in their projects or activities.

2. Training program shall be provided for direct service workers of agencies where services of interpreters or readers would facilitate communication.

3. Program for training of specialist to facilitate the learning process of people with mental disability.

4. Acquisition or modification of equipment or devices, like voice synthesizer, to facilitate communication.

RULE VI

H. All telephone operators in the country upon request of the agencies/institutions concerned with the welfare of disabled persons shall provide type approved special telephone devices and improvisations for the hearing-impaired or handicapped persons at the offices of the said agencies or institutions.

I. The National Telecommunications Commission through its regulatory power of the telephone operators shall encourage the said operators to put up telephone devices, services and improvisations for the disabled persons to enable them to communicate through the telephone system.

K. The following articles, parcels and/or packages free of postal charges are as follows, inclusive:

a) articles and literatures like books and periodicals, orthopedics and other devices, and teaching aids for the use of the disabled persons sent by mail within the Philippines and abroad; and

b) aids and orthopedic devices for the disabled persons sent abroad by mail for repair.

L. The following are the requirements for the availment of this privilege, to wit:

(5) That it is understood that the articles and literatures like books and periodicals, orthopedic and other devices, teaching aids, are for the exclusive use of the disabled person and that the same when mailed is unsealed and may be opened for postal inspection and does not contain commercial advertising materials.

RULE VII

Section 2. Access to Public Transport Facilities

The Department of Social Welfare and Development shall develop a program to assist marginalized disabled persons gain access in the use of public transport facilities. Such assistance may be in the form of subsidized transportation fare. The following guidelines shall govern a subsidized transportation scheme:

The subsidized transportation scheme can only be availed of by:

a.5 Marginalized disabled persons who are to avail of prosthetic devices, surgical intervention and other domestic travels related for educational needs.

B. Provisions

b.2 The social welfare officer or any officer designated to implement social welfare services in the municipality shall determine:

b.2.1 Nearest venue for education, training or hospital which will provide the prosthetic devices;

RULE X : ENFORCEMENT

Section 3. Court Authority

The Court may grant any equitable relief that such court considers to be appropriate including to the extent required by the Act:

b) providing an auxiliary aid or service, modification of policy, practice or procedure, or alternative method; and

IMPLEMENTING RULES AND REGULATIONS AS AMENDED OF BATAS PAMBANSA BILANG 344 (Accessibility Law)

RULE II : MINIMUM REQUIREMENTS FOR ACCESSIBILITY

1.2 ANTHROPOMETRICS AND DIMENSIONAL DATA AS GUIDES FOR DESIGN. The minimum and maximum dimensions for spaces in the built environment should consider the following criteria:

1.2.2 The dimensional data of the (technical aids) of disabled persons.

Included in the second consideration are the dimensions of wheelchairs; the minimum space needed for locking and unlocking leg braces plus the range of distance of crutches and other (walking aids from persons using such devices.)

By applying at this very early stage dimensional criteria which take into account wheelchair usage, the physical environment will ultimately encourage and enable wheelchair users to make full use of their physical surroundings.

E. Republic of Korea

The Welfare Law for Persons with Disabilities
Ministry of Health and Welfare Republic of Korea
(Amended as Law No. 4179, Promulgated on December 30th 1989)

Chapter 2. Adoption of Welfare Measures

Article 9. (Treatment and Protection)

Paragraph 1. The national and local governments shall provide treatment, necessary for persons with disabilities to learn and recover the ability of living, and shall seek measures necessary for providing rehabilitation aids appliances, and other equipment needed to compensate for disabilities.

Paragraph 2. The national and local governments shall take measures necessary in the performance of proper protection, treatment, advice, training for of function, referring persons with disabilities to welfare institutions according to age, nature and extent of disability.

Article 15. (Equipment and Culture Facilities)

The national and local governments shall develop policies necessary for establishment of related facilities, equipment of environment, supply of culture and sports activities and others so that persons with disabilities may participate in leisure and sports activities positively.

Chapter 3. Welfare Measures

Article 23. (Delivery of Rehabilitation Aids and Appliances)

Paragraph 1. Welfare administrators, upon application by persons with disabilities who find it difficult to buy rehabilitation aids and appliances or pay the cost of their repair, may deliver or repair artificial limbs, braces, wheelchairs, hearing aids and appliances, braille slates, styli, white canes and other rehabilitation aids and appliances prescribed by the Minister or may alternatively grant the expenses necessary for buying or repairing such aids or appliances.

Paragraph 2. Grants for the expenses outlined in the above Paragraph 1 shall be provided only in cases where delivery or repair of the aids or equipment is recognized as being difficult.

Paragraph 3. Qualifications of beneficiaries and payment of expenses prescribed in Paragraph 1, shall be specified by the Presidential Decree.

Article 24. (Support of Enterprise Producing Rehabilitation Aids and Appliances)

Paragraph 1. The national and local governments shall develop necessary supportive measures such as payment of a subsidy and technical assistance for enterprises producing rehabilitation aids and appliances to improve and expand delivery of rehabilitation aids and appliances, according to the provisions specified by the Presidential Decree.

Paragraph 2. The national and local governments may grant special subsidies or loans to enterprises designated as excellent among the companies which produce rehabilitation aids and appliances and in special need of sup- port.

Paragraph 3. The provisions for subsidy grants, technology support, designation of excellent enterprises, loans and other support under Paragraphs 1 and 2, shall be defined by the Enforcement Decree of the Minister of Health and Social Affairs.

Article 31 (Purchase of Goods)

Paragraph 1. When welfare institutions for persons with disabilities solicit purchases of goods made by persons with disabilities, the national and local governments and other public organizations shall make every effort to accept the request.

Paragraph 2. The national and local governments and other public organizations may make a private contract with welfare institutions for persons with disabilities with respect to the list of articles specified by the Minister of Health and Social Affairs, according to provisions specified in other laws.

Article 33. (Barrier-Free Public Facilities)

Paragraph 1. The national and local governments shall develop measures on the structure of facilities and design of equipment for the convenience of persons with disabilities in using transportation and other public facilities.

Paragraph 2. Persons who construct public facilities, such as roads, parks, public buildings, transport facilities, communication systems, apartment houses and other public facilities, shall endeavour to provide suitable facilities and equipment for the convenience of persons with disabilities.

Paragraph 3. Provisions with regard to standards for facilities and equipment under Paragraph 2 shall be established by the Presidential Decree.

Paragraph 4. Welfare institutions may request persons who have established facilities and equipment below the standards of Paragraph 3 to correct the deficiencies.

Paragraph 5. Recipients of requests under Paragraph 4 shall comply so far as no special reasons obtain.

Chapter 4. Welfare Institutions for Persons with Disabilities

Article 37. (Welfare Institutions for Persons with Disabilities)

Welfare institutions for persons with disabilities are defined as follows:

6. Braille Library

A braille library shall be an institution which provides braille print publications and tape-recorded books with minimal or no charge for persons with visual disabilities.

7. Braille publishing and tape-recorded book production facilities

Braille publishing and tape-recorded book production facilities shall mean institutions which produces braille or tape-recorded books for persons with visual disabilities with minimal or no charge.

Chapter 7. Supplemental Provisions

Article 50. (Approval for the Manu- facture and Repair of Rehabilitation Aids and Appliances)

Paragraph 1. Persons who intend to operate an enterprise for the manufacture and repair of rehabilitation aids and appliances shall obtain approval from the mayors/governors.

Paragraph 2. Provisions with regard to the types of rehabilitation aids and appliances, and the conditions and other requirements of the approval pertaining to the above Paragraph, shall be established by the Enforcement Decree of the Minister of Health and Social Affairs.

Article 51. (Cancellation of Approval for the Manufacture and Repair of Rehabilitation Aids and Appliances)

Mayors/governors may order suspension or termination of the business activities of the manufacture and repair of rehabilitation aids and appliances or cancellation of approval in cases of violation of the standards of approval listed in Article 50.

Article 52 (Prohibition of Attachment)

The payment and articles provided under this Law for persons with disabilities shall not be attached under any circumtances whatsoever.

Chapter 8. Penal Provisions

Article 56. (Penal Provisions)

Persons violating any of the following clauses shall be punished by a maximum of one year imprisonment or fined up to a maximum of 1,000,000 Won.

Paragraph 2. Persons who have operated an enterprise for the manufacture and repair of rehabilitation aids and appliances without obtaining approval under the provision of Paragraph 1 of Article 50.

Act Relating to Employment Promotion, Etc. of the Handicapped
(Law No, 4219, Jan. 13, 1990)

Chapter I. General Provisions

Article 11 (Employment Guidance to Employers)

If it is deemed necessary for the employers who are employing or intend to employ the handicapped, the Minister of Labour shall give them technical guidance concerning matters of employment, placement, work aids, work equipment, working environment and other employment management of the handicapped.

Chapter III. Employment Promotion of the Handicapped

Article 38. (Payment of Levy concerning Employment of the Handicapped, etc.)

(3) The Minister of Labour, shall fix the basic amount of levy through committee discussion on the basis of the average monthly expenses for each of the following Subparagraphs necessary for employing the handicapped, and notify such levy rate 30 days prior to the commencement of every fiscal year. The basic amount of levy shall be not less than 60 per cent of the minimum wage for the year when it is notified:

1. Expenses necessary for establishment or repair of the facilities or equipment for employing the handicapped;

2. Expenses necessary for measures for proper employment management of the handicapped; and

3. Any other special expenses necessary for employing the handicapped.

Chapter IV. Employment Promotion Fund for the Handicapped

Article 49. (Use of the Fund)

The Fund shall be used for payment of expenses provided by each Subparagraph as follows:

3. Financing and supporting the employers with the expenses necessary for establishment or repair of facilities or equipment for employing the handicapped and expenses necessary for measures for administering employment of the handicapped;

The Special Education Promotion Law
(Amended on January 7th, 1994)

Chapter 3. Expansion of Special Education Methods

Article 15. (Integrated Education)

Paragraph 2. School principals at regular schools should provide materials and equipments necessary for integrated special education and establish barrier-free facilities such as ramp, hand-rail, adjusted bathroom, and adjusted desk and chair within the limits of budgetary appropriations.

Chapter 4. Supplementary Rules

Article 25 (Curriculum and Texts)

Paragraph 2. Texts and related books for special education of children with disabilities are provided free of charge.

Paragraph 3. Writing, authorization, publication, distribution, and determining the price of special education texts shall be defined by the Presidential Decree.

3. The Presidential Decree of Special Education Promotion Law

Article 19. (Curriculum and Text)

Paragraph 1. Under the provision of Paragraph 3, Article 25 of the Law, writing, authorization, publication, distribution, and determining the price of special education texts shall be applied to the Regulation on Curriculum and Text.

Paragraph 2. Under the provision of Paragraph 3, Article 25 of the Law, free braille texts for children with visual impairments can be carried out by proxy by agencies where equipped braille translation facilities.

4. Enforcement Decree of the Minister of Education (Promulgated on April 28th, 1995)

Article 7. (Providing Convenience for Entrance Examination and Schooling etc.)

Paragraph 2. School heads at all levels should provide equipment and facilities as necessary for instructional-learning activities of students with disabilities and grant maximum use of the facilities and personnel.

F. Sri Lanka

Protection of the Rights of Persons with Disabilities Act. No. 28 of 1996
[Certified on 24th October 1996]

Part I :
Establishment of the National Council for Persons with Disabilities

2. (1) There shall be established a Council called the "National Council for Persons with Disabilities" (hereinafter referred to as the "Council").

12. The principal function of the Council shall be to ensure the promotion, advancement and protection of the rights of persons with disabilities.

13. Without prejudice to the generality of Section 12, the other functions of the Council shall be

h) to formulate and promote measures for the rehabilitation of persons with disabilities;

(k) to ensure that the requirements of persons with disabilities are met adequately;

m) to encourage the establishment by the State and by private individuals, of institutions to accommodate persons with disabilities and the provision of educational and vocational training to such persons;

o) to encourage and provide facilities for full participation by people with disabilities in all activities;

(p) to introduce programmes to make the physical environment accessible to persons with disabilities and implement schemes to provide access to information and communication by persons with disabilities;

v) to do all such other acts or things as may be necessary for the discharge of all or any of the above functions.

Part IV :
Registration

20. (1) No voluntary organisation shall engage in providing services or assistance in any form or manner to persons with disabilities either directly or through any institution or other body or organisation, unless such voluntary organisation is registered under this Act.

(2) Notwithstanding the provisions of subsection (1), any voluntary organisation which, on the day preceding the appointed date, was engaged in the provision of such services or assistance, shall register such organisation within three months of the appointed date.

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Economics and Social Commission for Asia and the Pacific
Production and distribution of assistive devices for people with disabilities: Supplement2
- Chapter 3 -

Printed in Thailand
November 1997 1,000

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