The law on the integration of persons with disabilities: a first
The Haitian jurist is very pleased to learn that MPs have voted for the law to integrate people with physical disabilities or motive. After the earthquake of January 12, 2010, it is quite normal to pass legislation that helps survivors of this disaster. It is whether the authorities will take steps to implement the spirit of this law. In Haiti, the texts of laws do not miss, what are their application that is lacking. The Ministry of Social Affairs shall have the same level on the board, ie, it must prove itself in the implementation of this law for victims of the earthquake. This ministry will provide the means to IBESR and other social institutions to respond adequately to the needs of people with physical disabilities in this country. The Haitian lawyer believes that it is for our leaders to adopt policies that respect human rights human person in the country. Thus we come to rebuild a just, equitable and democratic for all Haitians. All this must necessarily pass through education ...
The House of Representatives finally voted, Wednesday, May 5, late in the afternoon, the Law on the integration of persons with disabilities. After a marathon session of about three (3) hours, seventy-three (63) members present in the room unanimously endorsed no less than eighty-three articles of the draft legislation tabled in Parliament by the Haitian government. Upon presentation
memorandum accompanying the filing of the bill, the tone was already given: "This is not to confer special rights for people with disabilities or special status. The fundamental objective is to recognize and consecrate the legal and political equality of persons with disabilities and people without disabilities, the right of everyone to equal opportunity. Persons with disabilities the enjoyment and exercise of all rights of citizenship, of all civil, political, economic and cultural. "
As a result, in the thirteen (13) chapters that form the backbone of the bill, the focus is primarily on: •
responsibility of state and society against people with disabilities and the need to ensure their access to health care, housing, a suitable physical environment (chap. I and II, art. 67, 8.9 and 10);
• satisfaction of basic needs that are essential accessibility to buildings open to the public, adequate transport facilities (Chapter IV, Art. 26 31), education through an integrated education system and the establishment of special schools for children with developmental disabilities poly or disability, the granting of scholarships to children with disabilities and training in sign language and Braille teacher (Chapter V, Art 36 to 40).
Chapter VI on employment and occupation prohibits discriminatory practices against persons with disabilities and makes in order the state to encourage their integration in the public and to impose on commercial or industrial establishments and services with more than 20 employees a 2% quota of disabled persons (art. 42 to 50). Other chapters deal with access to justice, information, exercise of political rights, culture, sports, recreation, etc. ...
The Act on the Integration of Persons with Disabilities has a long history marked by a process as crucial as each other. One of them dating back to three (3) years is the national forum on disability issues 4 and 5 October 2007 organized by Dr. Michael A. PEAN then newly promoted to secretary of state. Among the various sectors of civil society represented, RANIPH Network (National Association for the Integration of Persons with Disabilities), through its counsel, submitted a specification with recommendations including that the development of a law for the benefit persons with disabilities. Other forums ensued and the reflections and recommendations from the workshops confirmed the proposals of RANIPH and gave the first components of the composition of the law.
The first draft written by the young lawyer Woldson Bertrand was resumed and completed by Jean Vandal before Mr. Paul Claude Bérubé of the International Senior Lawer it should bring appropriate suggestions. The logistical support of the OAS was equally important.
In sum, this law is the result of a collective work under the direction of Dr. Michael A. Paean that has instilled in his team's tenacity in the context of achieving the goals requires its vision of inclusion for all and universal accessibility.
A law passed beyond his expectations as two additions especially favorable for persons with special needs have been made by members. These paragraphs 1 and 2 of Article 22 which create a rehabilitation center for disabled people in each department and a national solidarity fund for autonomy and integration of these people. A law finally
whose vote would have failed without the professionalism, tenacity and dedication Commission on Social Affairs of the House who has discharged his duties in good conscience for all Haitians. As so eloquently expressed its president, Gérandale Thélusma, "In this country we are all potential disabled due to the precarious living conditions and disasters, like that of 12 January, which threaten us all."
It is hoped that the law on the integration of persons with disabilities is the culmination of all these initiatives and has been following the ratification by the National Assembly, March 12, 2009, the two UN Conventions and OAS on the Rights of Persons disabilities, will soon be passed by the Senate of the Republic. It will become a fundamental tool to benefit people with disabilities before and after the earthquake of January 12, 2010.
Mac Ferla MORQUETTE
0 comments:
Post a Comment