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Annex IV

Sample List of Access
Legislation in the ESCAP Region


A. Australias access legislation

1.Disability Discrimination Act 1992

This Act allows complaints to be lodged with and reconciled by the Human Rights Commission if a person is, or persons are, discriminated against in a range of areas of life including education, transport, access to premises, the provision of goods and services, accommodation, land, sports, employment and the administration of government laws and programmes. The Act allows for standards to be made in a number of these areas, and for the lodgement of action plans by agencies which are taken into account in the resolution of complaints. The Act is based on fundamental human rights of individuals to participate in society and have access to its services.

2. Building Code of Australia

This is a mandatory code which specifies technical details of requirements for various types of buildings; linked with the code are a range of Australian Standards, one of which relates to design for access and mobility (AS1428:1-5). For government buildings adoption of all parts of this standard is mandatory.

3. Disability Services Act 1986

This legislation relates to the provision and funding of services for people with disabilities. It allows for the national Government to approve funding for accommodation, advocacy, employment and training, information, recreation, respite care, research and development, and rehabilitation services. The Act contains a set of rights, basic principles and objectives to guide the development, administration and delivery of services for people with disabilities.


B. Hong Kongs legislation

1. Laws and regulations

  1. Buildings Ordinance, Chapter 123, Laws of Hong Kong
  2. Building (Planning) Regulations
  3. Building (Construction) Regulations
  4. Building (Administration) Regulations
  5. Design Manual - Access for the Disabled, 1984

The Design Manual and legislation are applicable to some types of buildings in the private sector. Administrative arrangements have also been made that require all government buildings to follow similar requirements and standards.

A review of the Design Manual has been proposed. Work on the review was expected to start at the end of 1994.


C. Japans legislation

1. Act for Employment Promotion and Matters related to Disabled Persons
(Act No. 123 of 1960)

This law promotes the independence of physically disabled persons through mandatory employment, applies subsidies to firms which employ such persons and surcharges to firms which do not satisfy the employment requirements, and provides measures related to rehabilitation for employment.

2. Fundamental Act for Disabled Persons (Act No. 84 of 1970)

This law establishes basic measures for disabled persons, stipulates the responsibilities of national and local governments, mandates national and local governments to determine the plans for measures to assist those persons, and describes other basic policies for them.

3. Act for Research, Development and Dissemination of Assistive Devices
(Act No. 38 of 1993)

This law provides measures to promote research, development and dissemination of assistive devices for elderly persons and persons with disabilities.

4. Act for Promotion of Use of Communication and Broadcasting
Services by Disabled Persons (Act No. 54 of 1993)

This law provides for financial assistance for measures providing telecommunications and broadcasting services which greatly enhance the convenience of physically disabled persons.

5. Act Making Buildings Accessible and Usable for Elderly
and Physically Disabled Persons (Act No. 44 of 1994)

This law seeks to improve the quality of buildings by devising measures which encourage the construction of public buildings accessible for and usable by elderly and physically disabled persons by outlining minimum and recommended standards to be adhered to by owners of public buildings.


D. The Republic of Koreas laws and regulations for
persons with disabilities and elderly persons

As of 15 November 1994, the Republic of Korea had some 30 laws and regulations with provisions related to facilitating access for persons with disabilities and elderly persons.

The laws and regulations include, among others, the Disabled Persons Welfare Law, the Architecture Law, the Town Planning and Zoning Act, the Parking Lot Law, the Housing Construction Expedition Law, the Public Parks Law, and the Road Law.

Among these, the Disabled Persons Welfare Law is the most comprehensive. Based on this law, more detailed Regulations on Installation Standards of Facilities and Equipment Promoting Access for Persons with Disabilities are to be enacted, effective from 1 January 1995.


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ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC
Promotion of Non-Handicapping Physical Environments for Disabled Persons: Guidelines
- ANNEX 4 -

UNITED NATIONS
New York, 1995