Title
Magna Carta for Disabled Persons
Law
Republic Act No. 7277
Decision Date
Mar 24, 1992
The Magna Carta for Disabled Persons in the Philippines aims to protect and promote the rights and welfare of disabled persons, ensuring their full integration into society and providing them with equal opportunities and support in various aspects of life.

Law Summary

Coverage and Definitions

  • Covers all disabled persons and relevant government or non-government agencies.
  • Disabled Persons: Individuals with mental, physical, or sensory impairments restricting normal activities.
  • Impairment: Loss or abnormality in psychological, physiological, or anatomical function.
  • Disability: Substantial limitation, record, or being regarded as having such impairment.
  • Handicap: Disadvantage limiting normal function or activity.
  • Rehabilitation: Integrated measures for achieving highest functional ability.
  • Social Barriers: Institutional limitations and negative attitudes excluding disabled persons.
  • Auxiliary Aids and Services: Special aids facilitating learning for disabled individuals.
  • Reasonable Accommodation: Facility modifications, schedule adjustments, or provision of aids enabling disabled persons to work.
  • Sheltered Employment: Specialized employment providing disabled persons opportunity to earn livelihood.
  • Marginalized Disabled Persons: Those lacking access to services and below poverty threshold.
  • Qualified Individual: Disabled person able to perform job functions with or without accommodations.
  • Readily Achievable: Actions easily attainable without undue difficulty or expense.
  • Public Transportation: Transport services on a regular basis by air, land, or sea.
  • Covered Entity: Employers, labor organizations, and employment agencies.
  • Commerce includes inter-provincial and international trade and travel.

Employment Rights and Provisions

  • Equal employment opportunities; no denial based on disability.
  • Qualified disabled employees have equal terms, compensation, and benefits.
  • 5% of casual, emergency, and contractual government social service positions reserved for disabled persons.
  • Sheltered employment provided when open employment is unsuitable.
  • Apprenticeships allowed subject to ability not impeding performance; eligibility for employment after training.
  • Private employers given income tax deductions for employing disabled persons and for facility modifications, except where legally required.
  • State promotes vocational rehabilitation, skills development, and livelihood services.
  • Coordination encouraged between government and NGOs in rehabilitation.
  • DSWD and DOLE responsible for vocational training programs.
  • Vocational guidance and counseling provided to secure and maintain employment.
  • DOLE, DSWD, and National Council promulgate implementing rules.

Education Provisions

  • Equal access to quality education with due consideration for special needs.
  • Denial of admission based on disability is unlawful.
  • Schools encouraged to provide auxiliary and special services.
  • Financial aid for marginalized disabled students, including scholarships and loans.
  • Establishment and support of special education system for visually, hearing impaired, mentally retarded and exceptional children.
  • Public schools to have special education classes; libraries with Braille and audio materials supported.
  • Vocational training and physical fitness programs tailored for disabled persons.
  • Non-formal education programs developed for total human development.
  • State universities and colleges responsible for research, training materials, and development of technical aids.

Health Provisions

  • National health program targeting prevention, diagnosis, and early rehabilitation.
  • Medical rehabilitation centers to be established at provincial hospitals.
  • Free rehabilitation services for marginalized disabled persons.
  • Comprehensive health services include immunization, nutrition, environmental protection, genetic counseling, early detection, and treatment.
  • Field medical personnel trained and assigned to provide specialized care.
  • Prosthetic and orthotic fitting capabilities ensured in field health units.

Auxiliary Social Services

  • Programs providing prosthetic devices, communication skills training, positive self-image development, family care services, substitute family care, aftercare, and day care services.
  • Managed by DSWD targeting marginalized disabled persons.

Telecommunications

  • Encouragement for TV stations to provide sign-language or subtitles in daily newscasts.
  • Telephone companies encouraged to provide devices for hearing-impaired communication.
  • Free postal charges for disabled persons' articles, medical devices, and teaching aids, certified as marginalized.

Accessibility

  • Goal of barrier-free environment ensuring access to public and private buildings.
  • Government to allocate funds for architectural facilities.
  • Disabled persons allowed to drive vehicles with appropriate adaptations subject to regulations.
  • Subsidized transportation fares and programs facilitating access developed by DSWD.
  • Accessibility Law considered supplementary.
  • DOTr to formulate corresponding rules.

Political and Civil Rights

  • Disabled voters may be assisted by a person of their choice, who must adhere to confidentiality and oath.
  • Election polling places must be accessible.
  • Right to assemble in public events recognized.
  • Right to organize associations for welfare; government to provide technical and financial support.
  • Disabled persons’ organizations encouraged to participate in planning government programs.

Prohibition on Discrimination

  • Discrimination in employment prohibited including hiring, promotion, training, compensation, and termination.
  • Specific discriminatory acts enumerated, such as unjustified exclusion, lower pay, denial of promotion, and exclusion from unions.
  • Medical examination provisions upon employment offer with confidentiality safeguards.
  • Discrimination in public transportation by fare or refusal prohibited.
  • Discrimination in public accommodations prohibited; equal access and enjoyment of goods and services mandated.
  • Actions considered discriminatory include denial, inferior services, separate accommodations without necessity, and failure to remove barriers or provide reasonable modifications.
  • Free use of government recreational facilities for marginalized disabled persons.
  • DPWH to formulate implementing rules.

Final Provisions

  • Special housing requirements for disabled persons included in national shelter programs.
  • Local governments encouraged to promote disabled persons’ organizations and joint ventures.
  • NGOs encouraged as partners in implementing programs with governmental support.
  • Tax incentives provided for donations and investments related to disabled persons' welfare.
  • Continuity provisions ensure implementation despite changes in responsible agencies.
  • Secretary of Justice authorized to investigate violations and initiate legal action.
  • Courts empowered to grant equitable relief including accommodations and facility access.
  • Penalties include fines and imprisonment for violations; harsher penalties for repeat offenses and abuse of privileges.
  • Corporate officials held liable; deportation for alien violators.
  • Appropriations included in General Appropriations Act.
  • Severability clause for unconstitutional provisions.
  • Repealing clause for inconsistent laws.
  • Effectivity upon publication in newspapers after 15 days.

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