Sunday, February 3, 2008
Bid to ratify UN document on disabled’s rights starts
The new covenant, which was adopted by the UN in 2006, upgrades the civil rights accorded to the world’s disabled people into a universal human right.
Venus Ilagan, immediate past chair of the Disabled Peoples’ International (DPI), a UN lobby group, opened the campaign, citing how the government failed to enforce laws that protect Filipinos with disabilities.
The country had pledged to fill up 5 percent of its labor pool with skilled workers (about 1.7 million of 35.5 million based on a 2005 census) belonging to the people with disabilities sector.
Higher quota
Ilagan said the country’s quota is higher than the quotas of other countries.
But the government could not even hire 1 percent of this potential work force, she said.
Pepito Marao, president of the Katipunan ng Maykapansanan sa Pilipinas Inc. (Kampi), said the government has not been able to fill up its quota.
Ilagan said they have been told that government has hired 5,000 employees from their sector, but this number does not represent the 5 percent hiring quota imposed by local laws involving people with disability.
Ilagan said the government has no updated information on the number of Filipinos with disability, but the sector believes they represent 8.5 million people.
She said about 30 percent of this sector is composed of skilled workers.
Marao said the sector could not demand full compliance because the law merely encourages the hiring of the disabled.
No big deal
“We are also not seeking sanctions [against government or sectors that deal with the disabled]… We don’t want to make this a big deal [on our behalf],” Ilagan said.
She said advocates sometimes mistake the crusade as a fight to help the disabled, when in reality “we want to be independent [and] we want to do things for ourselves.”
Ilagan said the Philippine delegation was vice chair of the country panel that negotiated for the UN covenant.
She said the campaign would be devolved into regional crusades.
Source: Inquirer.net
Firm 'forced out' mother of disabled boy
(By Sarah Womack, Social Affairs Correspondent)
A mother who claimed she was "harassed" into resigning from her job because she had a disabled son has won the first round of a landmark court case that could benefit millions of carers in the United Kingdom.
Sharon Coleman claims the law firm where she worked forced her out by refusing to give her flexible working arrangements to enable her to care for her child, who was born with serious respiratory problems.
She says she suffered "discrimination by association" and, after launching a constructive dismissal case, believes she should be entitled to protection under the same laws that ban discrimination against the disabled.
An employment tribunal asked the Advocate-General of the European Court of Justice to rule on whether EU discrimination laws introduced in 2000 should also cover those who care for disabled people. The Advocate-General has said they should.
Although Ms Coleman must now wait for a full panel of European judges to give a formal ruling later this year, the judges concur with the Advocate-General in about 80 per cent of cases.
If Ms Coleman wins her case she will be entitled to unlimited compensation and will set a precedent that will give far greater legal protection to the 2.5 million carers currently in employment in the United Kingdom.
Ms Coleman was employed as a legal secretary at Attridge Law when she gave birth to Oliver in 2002. He suffers from serious respiratory problems, including apnoeic attacks - where he stops breathing - and has hearing problems.
As primary carer, Ms Coleman wanted flexible working arrangements, but accepted voluntary redundancy in March 2005. She began a claim for constructive dismissal five months later.
She claimed her manager had commented that her son was always sick and had accused her of trying to use his condition to get out of work.
She said: "They knew about my son's problems because I took him into the office, but they wouldn't allow me to work flexibly to make it easier to look after him. Other members of staff were taking time off for hospital appointments or worked from home but my requests were always turned down."
Ms Coleman, from London, alleges discriminatory treatment because her son's condition meant she was treated less favourably than other staff and therefore forced to leave.
She claims she was described as "lazy" at work, and that abusive and insulting comments were made about her and her child.
Ms Coleman said: "I am delighted that we are one step nearer to stopping people with caring responsibilities like me from being badly treated and harrassed at work. It has taken a lot of courage to fight this case, but no one should have to choose between caring for disabled relatives or their job."
A spokesman for the Equality and Human Rights Commission said: "This case will have huge implications."
The case is now set to return to an employment tribunal.
Source: The Telegraph-telegraph.co.uk
Malaysia: More pocket money for disabled
The monthly allowance for the 9,514 disabled persons attending Community Rehabilitation Centres (PDK) nationwide will be increased from RM50 to RM150 with immediate effect.
The allowance paid to 1,479 PDK teachers will also be raised from RM500 to RM800 per month while a monthly allowance of RM1,200 would be given to the newly-created posts of PDK supervisors.
Prime Minister Datuk Seri Abdullah Ahmad Badawi, who announced this when launching the Semai Bakti Phase 2 programme at PDK Puteri Gunung, Simpang Ampat here, said: “We want to help alleviate the burden of those with disabled children as well as those who give them care.”
Earlier, he announced an allocation of RM80.1mil this year, including a RM20.95mil grant, for the PDK programme that is run by the Welfare Services Department.
The grant, he said, would be used to build four new PDKs while the budget to buy rehabilitation equipment would also be increased.
Under the new budget, Abdullah said the PDKs would get RM3,000 instead of RM500 a month for rental of premises.
“We have also increased the allocation for programmes at PDKs from RM5,000 to RM30,000 annually.
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Handicraft class: Jeanne holding up a bird-shaped ‘bunga telur’ made from paper cups by PDK students as Abdullah looks on at the PDK Puteri Gunung in Simpang Ampat, Penang. |
The Semai Bakti programme, jointly conducted by Bakti (the Association of Wives of Ministers and Deputy Ministers) and the Women, Family and Community Development Ministry, was started by the late Datin Paduka Seri Endon Mahmood in 2005.
Earlier, Bakti president Datin Seri Jeanne Abdullah said Phase I of the Semai Bakti programme was initially conducted in PDKs within Felda schemes.
Under the second phase, she said, the programme would be carried out at all PDKs in the country.
“It is our responsibility as a society to care and accept disabled persons as they are,” she said.
Meanwhile, Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil said parents and guardians could now sign up with the Welfare Services Department to get a monthly allowance of RM300 per family.
She said the allowances would be given out from next month.
“All parents and guardians with disabled children are eligible for this aid,” she said at the same function.
She said the Government had allocated RM219mil for welfare aid services under Budget 2008.
Source: Bernama
Malaysia: RM80 Million Allocation For The Disabled
In making the announcement, Prime Minister Datuk Seri Abdullah Ahmad Badawi said that at the cabinet meeting recently, the government approved an allocation of RM60.1 million for the management of the disabled.
A special allocation of RM20.9 million was also approved for activities jointly with the non-governmental organisations (NGOs) for charitable programmes to help these special people, he said.
Abdullah said the Barisan Nasional (BN) government had the welfare of the people, particularly the disabled group, at heart.
He was launching the "Semai Bakti" phase two charity programme organised jointly by the Welfare Organisation of the Wives of Ministers and Deputy Ministers (Bakti) and the Women, Family and Community Development Ministry, here.
Abdullah said the government was making efforts to ease the burden of those who had disabled children by taking into account their daily expenses besides giving various subsidies including the price of petrol and other essential items.
The "Semai Bakti" programme, which is a rehabilitation programme within the community (PDK), aims to assist the disabled group and their families in a particular area.
Abdullah said that because of the numerous subsidies provided by the government, some groups claimed that the people had a 'subsidy mentality', but that was the government's way of easing their burden.
He said that under the allocation, the government had increased the subsidy for rental of PDK premises from RM500 monthly to RM3,000 while the monthly allocation for utilities was RM1,000.
In addition, the government had also raised the allocation for activities for the disabled people from RM5,000 previously to RM30,000 while the special allowance for the disabled was raised from RM50 to RM150 per month.
As for the employees at the PDK, their monthly allowance had been increased from RM500 to RM800 besides creating a special allowance of RM1,200 per month for PDK supervisors.
Each PDK is also given a 'one off' allocation of RM50,000 for the purchase of rehabilitation equipment for use by the disabled people and an allocation of RM2 million for the construction of PDK premises in areas that did not have a permanent PDK building.
Meanwhile, Abdullah said the government would increase the number of enforcement officers to tighten price control on essential goods to ensure that traders did not raise their prices.
In another development, the Prime Minister urged the people to play a role in looking after the safety of their children and home which would contribute towards reducing the crime rate.
He said domestic crime was the responsibility of the people and they should not depend solely on the police to monitor their overall safety.
He also asked the police to rent houses or shophouses in the centre of town to be used as a temporary police station while waiting for the permanent building to be completed because the presence of the police would build up public confidence on the security situation in their area.
-- BERNAMA
Congress and The Disabled -- More Harm Than Help
Do you have less than perfect health? Need contact lenses or eye glasses? Under legislation before Congress, the government would consider you disabled.
It sounds ridiculous. It is. But that rarely stops Congress. The proposed ADA Restoration Act has powerful supporters on Capitol Hill, including the majority leader of the House of Representatives, and it could easily become law.
The bill’s stated purpose is to strengthen protections for disabled Americans provided by the Americans with Disability Act (ADA). Unfortunately it would go far beyond this goal, classifying virtually every American as disabled and weakening the protections the government provides the truly disabled.
Congress passed the Americans with Disability Act in 1990 with the noble goal of ensuring that disabled Americans could participate in public life. The Act prohibits discriminating against the disabled, and it requires employers to make reasonable accommodations for disabled workers.
Intending to help the truly handicapped, Congress defined the disabled as those with “a physical or mental impairment that substantially limits one or more major life activities.” The act also exempts individuals who take corrective measures that mitigate their impairment, such as prescription lenses for a nearsighted employee.
he ADA has had mixed success. It has helped many disabled workers integrate into the workforce. Unfortunately, because it made employing disabled workers expensive and laying them off difficult, the act has discouraged businesses from hiring handicapped employees in the first place. Studies show that the well-intentioned ADA has actually reduced the number of disabled Americans with jobs. Now many members of Congress want to expand the scope of the Americans with Disabilities Act to cover almost every American. The ADA Restoration Act would remove the phrase “that substantially limits one or more major life activities” from the legal definition of disability. Anyone with any physical or mental impairment, no matter how minor, would become legally disabled. Take your pick: Heartburn. Stress. Insomnia. Occasional shortness of breath. Headaches. Tennis elbow. Heck, the flu, for that matter. If the ADA Restoration Act becomes law the government would consider every American with imperfect health — which means almost every American — disabled. The bill even specifies that if you aren’t suffering from your impairment now, you are nonetheless disabled. It doesn’t matter if you can take steps to mitigate your disability, such as taking medication to reduce your cholesterol level. Under this act, you are still disabled. Unfortunately, this bill is more than absurd. The ADA Restoration Act would actually undermine the protections afforded to genuinely handicapped Americans. The original Americans with Disabilities Act was designed to put qualified but disabled workers on a level playing field with everyone else. However, society doesn’t have unlimited resources to accommodate everyone who wants assistance. Expanding the concept of disability to cover everyone will divert resources from those who truly need and deserve assistance. The ADA, sensibly, only requires employers to make reasonable accommodations for disabled workers. The government doesn’t require businesses to go bankrupt if they cannot accommodate the needs every disabled employee. If every worker qualifies for job reassignments to accommodate their “disability,” then fewer truly disabled individuals will be able to obtain job reassignment as a reasonable accommodation. The law would not even allow employers to give higher priority to individuals with more pressing disabilities. Instead employers would have to assign accommodations on a first-come, first-served basis, with no regard to the severity of the disabilities. Consider a manufacturer with two positions on the assembly line where workers can perform their job while sitting down. If one employee claimed disability because of a sore knee, and another because of a sprained ankle, they could insist on those positions as reasonable accommodation to their disability. If a paraplegic then applied to work, the employer could not legally move one of those employees to a position that required standing, making room for the new applicant. Instead he would have to turn the genuinely handicapped worker away because there would no longer be any reasonable accommodation possible. If every new hire is legally disabled, it becomes next to impossible to prove that a genuinely disabled worker was discriminated against. Any company could simply point out that it hired a different disabled worker who it also could not discriminate against. When everyone is special, no one is. Calling all workers disabled once again tilts the playing field against those with genuine handicaps. Washington is filled with absurd ideas, but the ADA Restoration Act goes beyond absurd — to harming the very individuals it’s intended to help. James Sherk is the Bradley fellow in labor policy at The Heritage Foundation (heritage.org). Source: Foxnews
