Last Change:

05/02/2025

Sindh Empowerment of ‘Persons with Disabilities’ Act, 2018

Year: 2018

Type: Domestic law

Rights Category: Health

Description

An Act to give effect to the United Nations Convention on the Rights of ‘Persons with Disabilities’ and for matters connected therewith or incidental thereto. 

Whereas the United Nations General Assembly adopted its Convention on the Rights of ‘Persons with Disabilities’ on the 13th day of December, 2006.

And whereas the aforesaid Convention lays down the following principles for empowerment of ‘Persons with Disabilities’, (a) respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; (b) non-discrimination; (c)  full and effective participation and inclusion in society; (d) respect for difference and acceptance of ‘Persons with Disabilities’ as part of human diversity and humanity; (e) equality of opportunity; (f) accessibility; (g)  equality between men and women; (h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.  

And whereas Islamic Republic of Pakistan is a signatory to the said Convention.

And whereas Islamic Republic of Pakistan has ratified the said Convention on the 25th day of October, 2011.

And whereas the matter of ‘Persons with Disabilities’ is a Provincial Subject under Constitution of Islamic Republic of Pakistan.

And whereas it is considered necessary to implement the Convention aforesaid. 

Be it enacted by Provincial Assembly of Province of Sindh, to promote and ensure full and effective inclusion of ‘Persons with Disabilities’ in the community.  

Whereas it is expedient to put in place legal and institutional framework to protect the rights of the ‘Persons with Disabilities’ in general and particularly in line with the UN Convention on the Rights of ‘Persons with Disabilities’. 

Selected provisions
Section 3 - Equality and non-discrimination of ‘Persons with Disabilities’

(1) The Government shall ensure that every Person with Disabilities shall have a right to be respected for his/her individual dignity and lead a decent life with equal opportunity to the provision of education, skills training and rehabilitation services to participate in educational, social, economic, cultural and all other activities in the society without any discrimination.
(2) No person shall be deprived of his/her personal liberty only on the ground of disabilities.
(3) No person or institution, whether public or private, shall be allowed to discriminate against ‘Persons with Disabilities’ or violate their rights or restrict benefits in any manner.
(4) The Government shall take all necessary legal and administrative steps, including appropriate changes in the existing laws, to ensure that ‘Persons with Disabilities’ enjoy the right of equality guaranteed under the Constitution and that such person’s disabilities shall not be used by any person or institution to restrain or restrict him/her from enjoying his/her rights unless there is a reasonable cause that not restricting such person may cause him/her harm or letting him/her perform something may be out of his physical or mental capacity.
(5) In view of restricted access of the ‘Persons with Disabilities’ to means of earning their livelihood independently, the Government shall take extraordinary steps to ensure their effective inclusiveness in the society through suitable education, skill development, training and placement against appropriate positions in the Government and private establishments according to the allocated quota.
(6) The Government shall ensure that the ‘Persons with Disabilities’ are treated equally at par with persons without such disabilities in all public facilities and services and public buildings and that they are not discriminated in exercise of their rights.
(7) Government shall ensure that ‘Persons with Disabilities’ have legal capacity to enjoy their rights and if they need support to exercise legal capacity such support will be provided by the Government to them free of cost.

Section 10 - Equity in health and rehabilitation services.

(1) The Government shall ensure barrier free access to necessary public health services and infrastructure to ‘Persons with Disabilities’ without any discrimination and without any cost to such persons.
(2) Government shall ensure provision of aids and appliances, medicine and diagnostic services and corrective surgery along with follow-up services free of cost to ‘Persons with Disabilities’ with such income ceiling as may be notified;
(3) The Government shall take appropriate steps to ensure affordable healthcare insurance to ‘Persons with Disabilities’ through addressing discrimination against the ‘Persons with Disabilities’ by the private insurers and subsidizing health insurance for ‘Persons with Disabilities’ through State owned insurance entities.
(4) The Government shall ensure private sector health service providers through appropriate incentives to provide quality services to ‘Persons with Disabilities’ at affordable rates.
(5) Government shall take steps to ensure implementation of “The Sindh Newborn Screening Act 2013” through framing rules and improving capacity of the health facilities in the Province for early identification of disabilities. Government shall endeavor to establish medical services especially designed for early interventions to manage disabilities.
(6) The Government shall initiate, with the help of the medical and scientific community, research to identify causes of various disabilities and make efforts to create awareness in public to adopt practices that help prevent disabilities from happening.

Section 12 - Adequate Standard of Living and Social Protection.

(1) The Government shall with the advice of the Council and within the limits of its economic capacity shall formulate exclusive schemes and programs for ensuring the right of adequate living standards and social protection of ‘Persons with Disabilities’ to enable them to live independently or within the community
(2) The Government while devising these schemes and programs shall give due consideration to the diversity of disabilities, gender, age, and socio-economic status.
(3) The schemes under sub-section (1) shall provide for;
a) shelter/ safe houses with good living conditions in terms of safety, sanitation, health care and counselling for ‘Persons with Disabilities’ who have no place to live;
b) facilities for children with disabilities who have no family or have been abandoned, or are without shelter or livelihood;
c) support during natural or man-made disasters and in areas of conflict;
d) support to women with disabilities for livelihood and for upbringing of their children;
e) disabilities allowance to ‘Persons with Disabilities’ subject to such income ceiling as may be notified;
f) unemployment allowance to ‘Persons with Disabilities’ registered with Special Employment Exchange for more than two years and who could not be placed in any gainful occupation;
g) care-giver allowance to ‘Persons with Disabilities’ with high support needs;
h) any other matter which the Government may think fit.