Last Change:
12/26/2024
The Rights and Protection of Persons with Disabilities Act
Year: 2013
Type: Domestic law
Rights Category: Education, Health, Liberty & security of person, Social protection
Description
The law defines different types of Disability with definition.Section 16 contains provisions ensuring full realization of the rights of the persons with disabilities. It ensures non discrimination in almost every sphere of life including-access to justice, education, health, work, inheritance and so on. As section 16 mentions that persons with disabilities have the right to acquire NID, enlisted in the voter list and have the right to vote and take part in the election other than the civil and fundamental human rights granted by the constitution. Hence, it is not clear whether this act can be applicable for the refugees. Nevertheless, there’s not specific definition on 'who is a citizen' or does not say the law cannot be applicable to non-citizens.
Selected provisions
(1) If a person, due to an injury at, or attack of disease in, the immature brain,-
(a) has abnormalities in normal movement and posture which limit daily activities;
(b) does not, in such cases, get the extent of brain damage reduced or increased subsequently; and
(c) may have his normal working capacity enhanced being provided with appropriate healthcare, then he shall be regarded as a 'person with cerebral palsy disability'.
(2) The characteristics of disability caused by cerebral palsy shall be as follows, namely:-
(a) the muscles are too stiff or loose;
(b) inconsistencies or limitations in the normal movement of the hands or legs;
(c) imbalance or less balance in normal movement;
(d) more or less impairment in sight, hearing, intelligence or in all cases;
(e) behavioral limitations;
(f) limitations of communication; or
(g) infection of one hand or two hands or one leg or two legs or one hand and leg or both hands and legs.
A person who has a genetic problem, which is related to the presence of an extra chromosome in the 21st chromosome pair, and who has special characteristics like mild to severe intellectual disability, weak muscle, short and mongoloid stature, is regarded as a "person with disability caused by down syndrome".
A person found to have more than one types of disability mentioned in sections 4 to 12 will be regarded as a "person with multiple disability".
If any person possesses any other unusual physical and mental characteristic, other than the disabilities mentioned in sections 4 to 13, which obstructs his normal life, such person shall also be regarded as a "person with multiple disability" subject to declaration by the National Coordinating Committee for the purposes of this Act.
(1) Without prejudice to the generality of the provisions of any other law for the time being in force or any document having the force of law relating to the rights of persons with disabilities, every person with disabilities shall have the following rights in accordance with the type of disability, namely:-
(a) right to survive and develop to the fullest;
(b) equal recognition before the law and access to justice in all cases;
(c) right of inheritance;
(d) freedom of expression, opinion and access to information;
(e) right to live with parents, lawful or legal guardians, children or families in a society, to establish marital relations and to form family;
(f) accessibility;
(g) full and effective participation in social, economic and state affairs, according to the type of disability;
(h) participation in integrated or unified education at all levels of education, subject to access to appropriate facilities in educational institutions;
(i) employment in public and private organizations;
(j) right to remain in service of a person who is subject to victim of disability during the course of employment, otherwise, entitled to appropriate rehabilitation or compensation;
(k) protection from oppression and to have a safe and healthy environment;
(l) to receive the highest quality health care, subject to availability;
(m) to have "reasonable accommodation" in all relevant fields, including education and the workplace;
(n) access to support services and rehabilitation facilities with a view to fully integrating in all spheres of social life by acquiring physical, mental and technical capacity;
(o) provision of best possible safe accommodation and rehabilitation to a person with disability dependent on parents or family if he is separated from his parents or family, or does not have adequate accommodation and maintenance;
(p) participation in culture, recreation, tourism, leisure and sports activities;
(q) to adopt, as far as possible, the Bangla sign language as the first language, according to the will of the person with hearing and speech disability;
(r) confidentiality of personal information;
(s) formation and management of self-help organizations and welfare associations or societies;
(t) to receive national identity card, to include in the voter list, to cast vote and to participate in elections; and
(u) any other right as may be prescribed by the Government by notification in the Official Gazette.
(2) No person, institution, authority or body shall make discrimination or do discriminatory behaviour in any manner whatsoever against any person with disability in relation to the rights referred to in sub-section (1).
The duties and functions of the National Coordinating Committee shall be as follows, namely:-
(a) to coordinate all the activities of the Ministries or State Institutions or Constitutional Bodies or National Level Non-Governmental Organizations for the purpose of ensuring the rights and protection
of persons with disabilities;
(b) to formulate national policies and to develop the necessary laws or regulations in line with the measures taken for persons with disabilities in the international arena and to advise the Government to implement it with a view to ensuring the rights and protection of persons with disabilities;
(c) to advise the Government for taking initiatives to establish specialized educational institutions suitable for persons with disabilities in every division, district and upazila area in phases and to create a conducive learning environment for all types of persons with disabilities in existing educational institutions;
(d) to provide consultations or directions to any ministry or division or authority or state or constitutional body or statutory body or nongovernmental organization or, organization of persons with disabilities or self-help organization or committees with a view to ensuring the protection of the persons with disabilities;
(e) to make any recommendation to the Government to ensure the rights, dignity and welfare of persons with disabilities; and
(f) to perform any other similar duties or functions.
The duties and functions of the Upazila Committee or Urban Committee shall be as follows, namely:-
(a) to implement policies formulated and directives issued by the National Coordinating Committee, decisions or directives issued by the National Executive Committee and District Committees to ensure the rights and protection of persons with disabilities;
(b) to implement or monitor the projects or programmes adopted by the Government in the concerned upazila or urban area;
(c) to coordinate the activities of all government and non-government organizations engaged in ensuring the rights and protection of persons with disabilities in upazila and urban areas and provide with necessary instructions thereto;
(d) to submit at least one annual report to the District Committee on the activities undertaken and carried out for the protection of the rights of persons with disabilities;
(e) if a person with disabilities is unable to look after any property which he inherited or otherwise gained or acquired in any other way, to take the responsibilities by the committee itself or to assign any suitable person or organization to look after it on the basis of application made by the concerned person with disabilities, his parents, his legal or lawful guardians or an organization of persons with disabilities:
Provided that the person or organization taking responsibility for the maintenance of the property shall regularly pay the income, dividends or profits from the property, if any, to the person with disabilities and inform the Committee about the latest status of the accounts and protection of the said property in the prescribed manner and time.
(f) to provide registration and identity card to every disabled person in accordance with this Act and the rules made there-under; and
(g) to perform such other duties or functions as may be prescribed by the National Coordinating Committee or the National Executive Committee.
(1) Notwithstanding anything contained in any other law for the time being in force, all government, non-government organizations, educational institutions and local authorities shall, with a view to facilitating the persons with disabilities to enjoy their rights properly and conveniently, provide necessary assistance in the implementation of the policies and directives made by the National Coordinating Committee, decisions and directives adopted by other committees and the programmes or projects undertaken by the Government for the protection of the welfare and interests of persons with disabilities.
(2) The Government shall take necessary steps in phases to implement the equal rights protection programme of the persons with disabilities mentioned in the Schedule.
The committee may, subject to such conditions as it deems fit, delegate its duties and functions to any of its members or any other person or organization for efficient performance of its duties and functions.
(1) In order to register and receive identity card as a person with disabilities, the person with disabilities, himself or his parents, his legal or lawful guardian or the organization of the persons with disabilities may, with the prescribed information and the certificate of the physician in charge of the concerned Upazila Health Complex or Government Hospital, apply to the Chairman of the Upazila Committee or the Urban Committee of that urban area, as the case may be, in which the person with disabilities resides permanently, can apply.
(2) After verifying the accuracy and validity of the information provided with the application received under sub-section (1), the Upazila Committee or the Urban Committee, as the case may be, instruct the member secretary to register the applicant as a person with disabilities and issue an identity card in his favour if it deems appropriate or may reject the application if not deemed fit:
Provided that no application shall be rejected without giving an opportunity of being heard to the person with disability or, his parents, his legal or lawful guardian or organization of the persons with disabilities, and if the application is to be rejected, in any case, his parents, legal or lawful guardians or the organization of the persons with disabilities shall be informed about the rejection of the application stating the reasons thereof.
(3) If any application is rejected, the applicant may prefer an appeal to the District Committee within 30 (thirty) days of being informed of the reason for such rejection.
(4) The Member-Secretary, upon receipt of instructions from the Chairman of the Committee under sub-section (2), shall record the information mentioned in the application in a register and issue an identity card in favour of the applicant upon registering him in the prescribed form.
(5) The Upazila Committee or the Urban Committee, as the case may be, shall consider the certificate of the physician in charge of the concerned Upazila Health Complex or Government Hospital in case of proving whether the applicant is a person with disabilities under sub-section (1).
(6) No person with disabilities shall be entitled to receive any benefit prescribed for him under this Act or any other laws without having an identity card issued under this section.
(7) The matters regarding registration as a person with disabilities and issuance of identity card and duplicate identity card, as the case may be, including other related matters shall be prescribed by rules.