Laws of Zambia Active 2012The Persons with Disabilities Act 2012
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Persons with Disabilities [No. 6 of 2012 67
THE PERSONS WITH DISABILITIES ACT, 2012
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short title
2. Interpretation
3. Superiority of Act
PART II
RIGHTS OF PERSONS WITH DISABILITIES
4. General principles
5. Duty to respect and uphold rights and dignity of persons with
disabilities
6. Prohibition of discrimination and use of derogatory names
7. Right to family life and social activities
8. Legal protection and participation in judicial proceedings
9. Law enforcement and persons with disabilities
10. Void contracts
PART III
ZAMBIA AGENCY FOR PERSONS WITH DISABILITIES
11. Continuation of Agency
12. Restriction on execution against property of Agency
13. Composition of Board
14. Functions of Agency
15. Registration of person with disabilities
16. Agency may gather information
17. Provision of information and raising of public awareness
18. Delegation of powers and assignment of functions
19. Director-General and other staff
PART IV
STRATEGIC PLANNING FOR PERSONS WITH DISABILITIES
18. Delegation of powers and assignment of functions
19. Director-General and other staff
PART IV
STRATEGIC PLANNING FOR PERSONS WITH DISABILITIES
20. General function of the Minister
21. National strategies and Plan
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 22,000 each.
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68 No. 6 of 2012] Persons with Disabilities
PART V
PROTECTION AND PROMOTION OF RIGHTS OF PERSONS WITH DISABILITIES
Division 1—Education
22. Education system
23. Special education facilities and equipment in educational institutions
24. Education of child with disability
25. Prohibition of refusal or admission on account of disability
26. Library facilities
Division 2—Health Care and Facilities
27. Access to health services
28. Health programmes
29. Training of health professionals
30. Periodic screening of children
31. Operation of assessment centres
Division 3—Habilitation and Rehabilitation
32. Habilitation and rehabilitation
33. Habilitation and Rehabilitation Centre
34. Community Habilitation and Rehabilitation Centre
Rehabilitation
32. Habilitation and rehabilitation
33. Habilitation and Rehabilitation Centre
34. Community Habilitation and Rehabilitation Centre
Division 4—Employment and Social Protection
35. Employment
36. Social protection
37. Promotion of employment of persons with disabilities
38. Posting, transfer and re-deployment of person with disability
39. Reservation of employment
Division 5—Accessibility and Mobility
40. Accessibility
41. Access to public places
42. Access to public services
43. Integration of needs of persons with disabilities
44. Importation of non-conventional vehicles
45. Parking places for persons with disabilities
46. Facilities at port terminals
47. Public service vehicles
48. Participation in cultural, life, recreation, leisure and sport
49. Television programmes
50. Telephone services
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Persons with Disabilities [No. 6 of 2012 69.
Division 6—Political and Public Life
51. Participation in political and public life
Division 6—Political and Public Life
51. Participation in political and public life
PART VI
DISABILITY SERVICES INSTITUTIONS AND ORGANISATIONS OF, AND FOR,
PERSONS WITH DISABILITIES
52. Disability services institutions
53. Public services institutions
54. Registration of organisation of, or for, persons with disabilities
PART VII
NATIONAL TRUST FUND FOR PERSONS WITH DISABILITIES
55. National Trust Fund for Persons with Disabilities
56. Financial matters of Fund
55. National Trust Fund for Persons with Disabilities
56. Financial matters of Fund
PART VIII
INSPECTORATE
57. Inspection of institutions
58. Powers of inspector
59. Duty of inspector to report
60. Adjustment order
PART IX
OFFENCES AND PENALTIES
61. Concealment of persons with disabilities
62. Negligence causing disability
63. Giving false information to get registered
64. Request for legal action by Attorney-General
65. General penalty
64. Request for legal action by Attorney-General
65. General penalty
PART X
GENERAL PROVISIONS
66. Regulations
67. Repeal of Cap. 65
FIRST SCHEDULE
SECOND SCHEDULE
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GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2012
Date of Assent: 21st July, 2012
SCHEDULE
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Persons with Disabilities [No. 6 of 2012 71
GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2012
Date of Assent: 21st July, 2012
PART X
GENERAL PROVISIONS
66. Regulations
67. Repeal of Cap. 65
FIRST SCHEDULE
SECOND SCHEDULE
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GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2012
Date of Assent: 21st July, 2012
SCHEDULE
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Persons with Disabilities [No. 6 of 2012 71
GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2012
Date of Assent: 21st July, 2012
An Act to continue the existence of the Zambia Agency for
Persons with Disabilities and define its functions and
powers; promote the participation of persons with
disabilities with equal opportunities in the civil, political,
economic, social and cultural spheres; provide for
mainstreaming of disability issues as an integral part of
national policies and strategies of sustainable
development; incorporate a gender perspective in the
promotion of the full enjoyment of human rights and
fundamental freedoms by persons with disabilities; ensure
accessibility by persons with disabilities to the physical,
social, economic and cultural environment, and to health,
education, information, communication and technology;
provide for the regulation and registration of institutions
that provide services to persons with disabilities and
organisations of, and for, persons with disabilities; continue
the existence of the National Trust Fund for Persons with
Disabilities; provide for the domestication of the
Convention on the Rights of Persons with Disabilities and
its Optional Protocol and other international instruments
on persons with disabilities to which Zambia is party, in
order to promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental freedoms
by persons with disabilities and to promote respect for
their inherent dignity; repeal and replace the Persons
with Disabilities Act, 1996; and provide for matters
connected with, or incidental to, the foregoing.
inherent dignity; repeal and replace the Persons
with Disabilities Act, 1996; and provide for matters
connected with, or incidental to, the foregoing.
[24th July, 2012
ENACTED by the Parliament of Zambia Enactment
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6 No. 6 of 2012] Persons with Disabilities
PART I
PRELIMINARY
Short title 1. This Act may be cited as the Persons with Disabilities Act,
2012.
Interpretation 2. In this Act, unless the context otherwise requires—
Cap. 65 "Agency" means the Zambia Agency for Persons with
Disabilities established under the repealed Act and
continued under this Act;
"affirmative action" includes any measure designed to
overcome or ameliorate an inequity or the systematic denial
or infringement of a right or freedom;
overcome or ameliorate an inequity or the systematic denial
or infringement of a right or freedom;
"assistive devices and services" means implements, tools
and specialised services, including the services of personal
assistants for persons with disabilities, qualified interpreters
for deaf persons and qualified teachers for persons with
visual impairments and children with intellectual disabilities,
provided to assist them in education, employment or other
activities;
"board" means a management board established for a public
institution under section fifty-three;
"child" means a person below the age of eighteen years;
institution under section fifty-three;
"child" means a person below the age of eighteen years;
"communication" means languages, display of text, Braille,
sign language, tactile communication, large print, accessible
multimedia as well as written, audio, plain-language, human-
reader and augmentative and alternative modes, means and
formats of communication, including accessible information
and communication technology;
"Convention" means the Convention on the Rights of Persons
with Disabilities adopted by the United Nations and its
Optional Protocol;
"Director-General" means the person appointed Director-
General of the Agency under section nineteen;
"Director-General" means the person appointed Director-
General of the Agency under section nineteen;
"disability" means a permanent physical, mental, intellectual
or sensory impairment that alone, or in a combination with
social or environmental barriers, hinders the ability of a
person to fully or effectively participate in society on an
equal basis with others;
"discrimination" means any distinction, exclusion or restriction
on the basis of disability which has the purpose or effect of
impairing or nullifying the recognition, enjoyment or exercise,
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impairing or nullifying the recognition, enjoyment or exercise,
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"disability" means a permanent physical, mental, intellectual
or sensory impairment that alone, or in a combination with
social or environmental barriers, hinders the ability of a
person to fully or effectively participate in society on an
equal basis with others;
"discrimination" means any distinction, exclusion or restriction
on the basis of disability which has the purpose or effect of
impairing or nullifying the recognition, enjoyment or exercise,
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impairing or nullifying the recognition, enjoyment or exercise,
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on an equal basis with others, of all human rights and
fundamental freedoms in the political, economic, social,
cultural, civil or any other field, and includes all forms of
discrimination, such as denial of reasonable accommodation,
and the term “discrimination on the basis of disability” shall
be construed accordingly;
“ Fund ” means the National Trust Fund for Persons with
Disabilities continued under section fifty-five;
“habilitation ” means rehabilitation of a person born with a
disability;
“ institution ” means an institution providing services to persons
with disabilities registered under section fifty-two;
“ language ” includes spoken and sign languages and other
forms of non-spoken languages;
“ organisation for persons with disabilities ” means an
organisation that promotes and protects the interest of
persons with disabilities whose members are not persons
with disabilities or if the organisation is a federal
organisation, of which the majority of its member
organisations are not organisations of persons with
disabilities;
“ organisation of persons with disabilities ” means an
organisation that promotes and protects the interests of
persons with disabilities, and of which a majority of its
members are persons with disabilities or if the organisation
is a federal organisation, of which the majority of its
member organisations are not organisations of persons with
disabilities;
“ personal assistant ” includes a care-giver;
“ person with dis:: ility ” means a person with a permanent
physical, ment :, intellectual or sensory impairment which,
in interaction v!th various barriers, may hinder that person
to fully and eff: ctively participate in society on an equal
basis with others;
“ public place ” means any building, premises, conveyance or
other public indoor or outdoor area, whether privately or
publicly owned to which the public have access by right or
invitation, whether by payment of a fee or not, but does
not include a place used exclusively by one or more person
for a private gathering or other personal purpose;
her by payment of a fee or not, but does
not include a place used exclusively by one or more person
for a private gathering or other personal purpose;
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74 No. 6 of 2012] Persons with Disabilities
" reasonable accommodation " means necessary and
appropriate modification, adaptation and adjustments, not
imposing undue burden, where needed in a particular case;
to ensure to persons with disabilities the enjoyment or
exercise on an equal basis with others of all human rights
and fundamental freedoms;
" Register " means, in relation to—
(a) persons with disabilities, the Register of Persons with
Disabilities; and
(b) organisations of, and for, persons with disabilities,
the Register of Organisations of, and for, Persons
with Disabilities;
rehabilitation means the process through which persons
with disabilities can partially or fully restore their physical,
mental, sensory or social functional abilities;
Cap. 65
Act No. 12 of 2002
" repealed Act means the Persons with Disabilities Act;
" Road Development Agency means the Road Development
Agency established under the Public Roads Act, 2002;
Act No. 13 of 1998
TEVETA means the Technical Education, Vocational and
Entrepreneurship Training Authority established by the
Technical Education, Vocational and Entrepreneurship
Training Act, 1998; and
on, Vocational and
Entrepreneurship Training Authority established by the
Technical Education, Vocational and Entrepreneurship
Training Act, 1998; and
" universal design " means the design of products, environments,
programmes and services to be usable by all people, to the
greatest extent possible, without the need for adaptation or
specialised design, but does not exclude assistive devices
for particular groups of persons with disabilities, where this
is needed.
Superiority of Act Cap. 1 3. Subject to the Constitution, where there is any inconsistency
between the provisions of any other written law impacting on the
rights of persons with disabilities as provided in this Act or any
other matter specified or prescribed under this Act with respect to
persons with disabilities, the provisions of this Act shall prevail to
the extent of the inconsistency.
PART II
RIGHTS OF PERSONS WITH DISABILITIES
General principles 4. The following principles shall apply to persons with disabilities:
(a) respect for inherent dignity of persons with disabilities,
individual autonomy including the freedom to make one's
own choices, and independence of persons;
(b) non-discrimination;
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ng the freedom to make one's
own choices, and independence of persons;
(b) non-discrimination;
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(c) recognition as persons before the law;
(d) respect for physical and mental integrity;
(e) independent living;
(f) full and effective participation and inclusion in society;
(g) respect for difference and acceptance of persons with
disabilities as part of human diversity and humanity;
(h) equality of opportunity;
(i) accessibility;
(j) gender equality;
(k) respect for the evolving capacities of children with
disabilities; and
(1) respect for the right of children with disabilities to preserve
their identities.
5. Every person has a duty to uphold the rights of persons
with disabilities and to respect and safeguard the dignity of persons
with disabilities.
6. (1) A person shall not discriminate against a person with
disability on the basis of disability.
(2) A person shall not exploit or subject a person with disability
to abusive, violent or degrading treatment including their gender-based aspects.
(3) A person shall not call a person with disability any derogatory
name because of the disability of that person.
luding their gender-based aspects.
(3) A person shall not call a person with disability any derogatory
name because of the disability of that person.
7. Except where a person with disability is required to be in a
specialised institution due to the nature of the disability, a person
with disability shall not be deprived of the right to choose their
place of residence, to live with that person’s family or the right to
participate in social, political, economic, creative or recreational
activities.
8. (1) A person with disability shall enjoy legal capacity on an
equal basis with others in all aspects of life.
(2) The Judicature shall take necessary measures to ensure
that persons with disabilities have equal and effective protection
and equal benefit of the law without discrimination.
(3) Where a person with disability is a party in any legal
proceedings, the adjudicating body shall take into account the
condition of the person with disability and provide procedural and
other appropriate facilities to enable the person with disability to
access justice and participate effectively in the proceedings.
Duty to respect and uphold rights and dignity of persons with disabilities
Prohibition of discrimination and use of derogatory names
Right to family life and social activities
Legal protection and participation in legal proceedings
ition of discrimination and use of derogatory names
Right to family life and social activities
Legal protection and participation in legal proceedings
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76 No. 6 of 2012] Persons with Disabilities
Law 9. Subject to the Constitution, law enforcement agencies shall
enforcement take into consideration the disability of a person on arrest, detention,
and persons trial or confinement of the person with disability and make reasonable
with accommodation for that person accordingly, including at
disabilities investigative and other preliminary stages of the matter.
Cap 1
Void 10. Any contract for employment or for the provision of goods,
contracts facilities or services, or any other agreement, shall be void insofar
as it purports to deny any person with disability any rights or privileges
conferred under this Act or in any other way to limit the operation
of this Act.
PART III
THE ZAMBIA AGENCY FOR PERSONS WITH DISABILITIES
privileges
conferred under this Act or in any other way to limit the operation
of this Act.
PART III
THE ZAMBIA AGENCY FOR PERSONS WITH DISABILITIES
Continuation 11. (1) The Zambia Agency for Persons with Disabilities
of Agency established under the repealed Act shall continue to exist, as if
Cap. 65 established under this Act, as a body corporate with perpetual
succession and a common seal, capable of suing and of being sued
in its corporate name, and shall, subject to the provisions of this
Act, have power to do all such acts and things as a body corporate
may, by law, do or perform.
(2) The provisions of the Schedules shall apply to the Agency.
Restriction 12. Notwithstanding anything to the contrary contained in any
on execution written law, where any judgment or order has been obtained against
against the Agency, no execution or attachment or process, of any nature,
property of shall be issued against the Agency against any property of the
Agency Agency, but the Director-General shall cause to be paid out of the
funds of the Agency such amounts ordered, against the Agency, to
the person entitled to it.
but the Director-General shall cause to be paid out of the
funds of the Agency such amounts ordered, against the Agency, to
the person entitled to it.
Composition 13. (1) The Board of the Agency shall consist of the following
of Board members:
of Agency (a) eight representatives, of whom four shall be women, of
the following categories of disabilities:
(i) mental disability;
(ii) visual impairment;
(iii) physical disability; and
(iv) hearing impairment;
(b) a representative of the Federation of Employers;
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(c) a representative of the Ministry responsible for works
and buildings;
(d) a representative of the Ministry responsible for education,
science and technology;
(e) a representative of the Ministry responsible for community
development and social welfare;
(f) a representative of the Ministry responsible for finance;
(g) a representative of the Ministry responsible for
broadcasting services;
(h) a representative of the Ministry responsible for labour;
(i) a representative of the Ministry responsible for health;
(j) a representative of the Attorney-General; and
responsible for labour;
(i) a representative of the Ministry responsible for health;
(j) a representative of the Attorney-General; and
(k) a representative of a youth disability organisation.
(2) The persons referred to in subsection (1) shall be appointed
by the Minister as members of the Agency.
(3) The Minister shall, when making an appointment in
accordance with subsection (1), request the relevant Ministry,
organisation or the Attorney-General to nominate suitable persons
for appointment to the Agency.
(4) The members shall elect the Chairperson and Vice-
Chairperson of the Agency from amongst themselves, except that
a public officer shall not be elected Chairperson.
(5) A person shall not be appointed as a member of the Agency
if that person—
(a) is not a citizen of Zambia;
(b) is an undischarged bankrupt;
(c) has been convicted of an offence under this Act;
(d) has been convicted of an offence involving fraud or
dishonesty; or
(e) has been convicted of an offence under any other written
law and sentenced to a term of imprisonment exceeding
six months without the option of a fine.
an offence under any other written
law and sentenced to a term of imprisonment exceeding
six months without the option of a fine.
(6) The Minister shall, as soon as possible after the appointment
of the members of the Agency, publish, in a newspaper of general
circulation in Zambia, the names of the members and the period
for which the members are appointed.
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Sure, here's the transcription:
78 No. 6 of 2012] Persons with Disabilities
Functions of 14. (1) The functions of the Agency are to—
Agency
(a) plan, promote and administer services for persons with
disabilities;
(b) develop and implement measures to achieve equal
opportunities for persons with disabilities by ensuring, to
the maximum extent possible, that they obtain education
and employment, participate fully in sporting, recreation
and cultural activities and are afforded full access to
community and social services;
and cultural activities and are afforded full access to
community and social services;
(c) facilitate and coordinate habilitation, rehabilitation, training
and welfare services for persons with disabilities;
(d) operate schemes and projects for self employment or regular
or sheltered employment for persons with disabilities;
(e) promote research into all aspects of disability;
(f) promote public awareness in all aspects of disability;
(g) cooperate with State institutions and other organisations
in the provision of preventive, educational, training,
employment, rehabilitation and habilitation services and
other welfare services for persons with disabilities;
(h) recommend to any State organ or institution any measures
to prevent discrimination against persons with disabilities;
ecommend to any State organ or institution any measures
to prevent discrimination against persons with disabilities;
(i) in consultation with relevant State institutions, organisations
of persons with disabilities and other civil society
organisations, take appropriate measures to eliminate
discrimination on the basis of disability by any person,
organisation or private enterprise;
(j) make representations on behalf of any person with disability
before any State organ or institution and provide or
procure legal assistance for any person with disability, if
the matter relates to the rights of, or the interaction of,
persons with disabilities;
(k) register persons with disabilities, organisations of, and for,
persons with disabilities and institutions rendering
services to persons with disabilities;
persons with disabilities and institutions rendering
services to persons with disabilities;
(l) promote, directly or indirectly, the development of human
resources in the prevention of disabilities and in the
provision of habilitation, rehabilitation, education and
training services and the general welfare of persons with
disabilities;
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d the general welfare of persons with
disabilities;
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Persons with Disabilities [No. 6 of 2012 79
(m) advise the Minister on matters relating to the social and
economic development and the general welfare of
persons with disabilities;
(n) monitor and evaluate the provision of services to persons
with disabilities and the implementation of this Act and
any policy or national strategy on disability;
(o) identify provisions in any law that hinder the implementation
of this Act, and any policy and national strategy on
disability and recommend necessary reforms to the
Government;
(p) advise relevant State organs and institutions on the provision
of equal opportunities, empowerment programmes and
facilities to persons with disabilities; and
(q) do all such things as are incidental to, or conducive to, the
attainment of the functions of the Agency.
and
(q) do all such things as are incidental to, or conducive to, the
attainment of the functions of the Agency.
(2) The Agency shall keep and maintain a register of persons
with disabilities and a separate register of organisations of, and for,
persons with disabilities.
(3) The Agency may conduct inquiries into any matter relating
to the welfare, habilitation and rehabilitation of persons with
disabilities.
s.
(3) The Agency may conduct inquiries into any matter relating
to the welfare, habilitation and rehabilitation of persons with
disabilities.
(2) The Agency shall keep and maintain a register of persons
with disabilities and a separate register of organisations of, and for,
persons with disabilities.
(3) The Agency may conduct inquiries into any matter relating
to the welfare, habilitation and rehabilitation of persons with
disabilities.
s.
(3) The Agency may conduct inquiries into any matter relating
to the welfare, habilitation and rehabilitation of persons with
disabilities.
(4) The Agency shall—
(a) promote research and development of universally designed
goods, services, equipment and facilities with minimum
possible adaptation and the least cost to meet the specific
needs and use of persons with disabilities, and promote
universal design in the development of standards and
guidelines;
(b) maintain a Disability Management Information System
for persons with disabilities;
(c) undertake and promote research and development of, and
promote the availability and use of, new technologies,
including information and communications technologies,
mobility aids, devices and assistive technologies, suitable
for persons with disabilities, giving priority to technologies
at an affordable cost; and
(d) in collaboration with the Central Statistical Office, keep
and maintain statistical records relating to incidences
and causes of disabilities to be used for the planning,
promotion, administration, monitoring and evaluation of
services for persons with disabilities.
e used for the planning,
promotion, administration, monitoring and evaluation of
services for persons with disabilities.
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80 No. 6 of 2012] Persons with Disabilities
Registration
of persons
with
disabilities
15. (1) A person with disability shall apply to the Agency for
registration in the prescribed form through the principal officer of a
local authority, social welfare officer, central statistics officer, head
of a learning institution or an officer in charge of a health centre.
(2) The Agency shall, upon receipt of an application under
subsection (1), issue a certificate of registration to the applicant.
Agency may
gather
information
gency shall, upon receipt of an application under
subsection (1), issue a certificate of registration to the applicant.
Agency may
gather
information
16. The Agency shall, in performing its functions, gather
information regarding—
(a) persons with disabilities, the type and severity of their
disabilities, their needs, the extent to which they are
integrated into society and methods by which they can
be integrated into society;
(b) organisations of, and for, persons with disabilities and
institutions rendering services to persons with disabilities
and the type of services rendered by those institutions;
(c) persons with disabilities in respect of, or to whom services
are rendered by, the institutions referred to in paragraph
(b);
(d) the services rendered by the Government to persons with
disabilities and the Government policies and strategies
regarding persons with disabilities; and
(e) any information that the Agency may require in order to
perform any function or exercise any power under this
Act.
Provision of
information
and raising
of public
awareness
he Agency may require in order to
perform any function or exercise any power under this
Act.
Provision of
information
and raising
of public
awareness
17. (1) The Agency shall distribute information relating to any
issue on disability to any institution, a person, organisation or to the
public at large if—
(a) all persons having an interest in that information have
agreed to its distribution or the Agency reasonably
believes that no person will object to the distribution;
(b) the information has been obtained from the Government
and its distribution is not prohibited by any law; or
(c) the information is of statistical or general nature.
(2) Nothing contained in subsection (1) shall be construed as
permitting any action that might infringe upon the right of privacy
of a person under the Constitution.
Cap. 1
(3) The Agency shall provide accessible information to persons
with disabilities about mobility aids, devices and assistive
technologies, including new technologies and other forms of
assistance, support services and facilities.
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hnologies and other forms of
assistance, support services and facilities.
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Persons with Disabilities [No. 6 of 2012 81
(4) The Agency shall carry out programmes and conduct
campaigns to inform the public and raise public awareness on issues
relating to disability, and in particular to—
(a) combat stereotypes, prejudices and harmful practices
relating to persons with disabilities in all areas of life;
(b) promote awareness of the capabilities and contributions
of persons with disabilities to society;
(c) nurture receptiveness to the rights of persons with
disabilities;
(d) promote positive perceptions and greater social awareness
towards persons with disabilities; and
(e) promote and encourage the media to portray persons with
disabilities in a manner consistent with the purpose of
this Act and the Convention.
nd
(e) promote and encourage the media to portray persons with
disabilities in a manner consistent with the purpose of
this Act and the Convention.
18. (1) The Agency may, in writing, delegate or assign a Delegation of
function vested in it by, or under, this Act to the Director-General, powers and
a committee or a member of staff of the Agency. assignment
of functions
(2) The Director-General may, in writing, delegate or assign a
function delegated to the Director-General or conferred by, or under,
this Act to a member of staff of the Agency.
(3) The Agency or the Director-General may make the
delegation or the assignment under subsection (1) or (2) subject to
such conditions and restrictions as the Agency or the Director-
General may determine, and the Agency or the Director-General
may withdraw or amend the delegation or the assignment.
s as the Agency or the Director-
General may determine, and the Agency or the Director-General
may withdraw or amend the delegation or the assignment.
19. (1) The Board shall, with the approval of the Minister, Director-
appoint the Director-General on such terms and conditions as it General and
may determine. other staff
(2) The Director-General shall be the chief executive officer
of the Agency and shall, subject to the direction and control of the
Board, be responsible for the day-to-day administration of the
Agency.
(3) The Director-General shall attend meetings of the Agency
and may address such meetings but shall have no vote.
(4) The Director-General shall be the Secretary to the Board.
(5) The Agency may appoint, on such terms and conditions as
it may determine, such other staff as it considers necessary for the
performance of its functions under this Act.
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PART IV
STRATEGIC PLANNING FOR PERSONS WITH DISABILITIES
General function of Minister
s Act.
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82 No. 6 of 2012] Persons with Disabilities
PART IV
STRATEGIC PLANNING FOR PERSONS WITH DISABILITIES
General function of Minister
20. (1) The Minister shall, in consultation with the relevant Ministers take policy measures to achieve the full social integration of persons with disabilities in society by ensuring that they are provided and have access to habilitation and rehabilitation services, education, health, training and employment, and shall create an environment to enable persons with disabilities to lead independent and meaningful lives.
(2) Without prejudice to the generality of subsection (1), the Minister shall ensure that the policy measures are aimed at the following:
(a) preventing or reducing the occurrence of physical, intellectual, mental or sensory impairments and permanent functional limitation or disability;
(b) assisting and supporting persons with disabilities to reach and maintain their optimal human potential;
(c) making the various systems of society and the environment, such as services, activities, information and documentation available and accessible to persons with disabilities in formats they can understand, such as Braille for persons with visual impairments, sign language for deaf persons and any other appropriate forms of communication;
can understand, such as Braille for persons with visual impairments, sign language for deaf persons and any other appropriate forms of communication;
(d) ensuring affirmative action with respect to matters affecting persons with disabilities;
(e) ensuring representation of persons with disabilities in all national and local decision-making positions, including in the political sector; and
(f) ensuring independent living for persons with disabilities.
National strategies and plans
21. (1) The Minister shall, in collaboration with the Agency and other State institutions, whenever they are developing and implementing national policies and plans, progressively strive to achieve equalisation of opportunities for, and integration of, persons with disabilities in social and economic structures of society.
(2) The national strategies and plans, referred to in subsection (1), shall take into account cultural, social and economic disadvantages that have resulted in discrimination against persons with disabilities and incorporate measures to ensure—
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Persons with Disabilities [No. 6 of 2012 83
disabilities and incorporate measures to ensure—
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Persons with Disabilities [No. 6 of 2012 83
(a) the promotion, protection and full and equal enjoyment of
all human rights and fundamental freedoms by persons
with disabilities and to promote respect for their inherent
dignity;
(b) the mainstreaming of gender into the policies, programmes
and activities relating to the equalisation of opportunities
for, and integration of, persons with disabilities;
(c) that women with disabilities have equal opportunities to
participate in all aspects of life and to ensure the full
development, advancement and empowerment of
women with disabilities;
(d) protection of persons with disabilities from all forms of
exploitation, violence and abuse and that instances of
exploitation, violence and abuse against persons with
disabilities are identified, investigated and, where
appropriate, prosecuted;
(e) that elderly persons with disabilities are integrated into
society and are given the rehabilitation and support to
enable them to continue participating within their
communities;
nto
society and are given the rehabilitation and support to
enable them to continue participating within their
communities;
(f) that persons with disabilities living in rural areas are part
of the national development programmes;
(g) that children with disabilities and their parents, guardians
and custodians are provided with information about
services available and that early interventions such as
early stimulation and education shall be provided to such
children as early as possible in order to prevent the
development of disabilities;
(h) that children with disabilities enjoy all human rights and
freedoms on an equal basis with other children and have
equal opportunities and equal access to education, health
care, sports, recreation and all other services in the
community; and
(i) the protection and safety of persons with disabilities in
situations of risk which includes situations of armed
conflict, humanitarian emergencies and natural disasters.
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s situations of armed
conflict, humanitarian emergencies and natural disasters.
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84 No. 6 of 2012] Persons with Disabilities
(f) that persons with disabilities living in rural areas are part
of the national development programmes;
(g) that children with disabilities and their parents, guardians
and custodians are provided with information about
services available and that early interventions such as
early stimulation and education shall be provided to such
children as early as possible in order to prevent the
development of disabilities;
(h) that children with disabilities enjoy all human rights and
freedoms on an equal basis with other children and have
equal opportunities and equal access to education, health
care, sports, recreation and all other services in the
community; and
(i) the protection and safety of persons with disabilities in
situations of risk which includes situations of armed
conflict, humanitarian emergencies and natural disasters.
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s situations of armed
conflict, humanitarian emergencies and natural disasters.
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84 No. 6 of 2012] Persons with Disabilities
PART V
PROTECTION AND PROMOTION OF RIGHTS OF PERSONS WITH
DISABILITIES
Education Division 1—Education
system
22. (1) The Minister shall, in collaboration with the Minister
responsible for education, ensure that the education system is
inclusive at all levels and early life-long learning directed to—
(a) the full development of human potential and sense of dignity
and self-worth, and the strengthening of respect for
human rights, fundamental freedoms and human diversity;
(b) the development by persons with disabilities of their
personality, talents and creativity, as well as their mental
and physical abilities, to their fullest potential; and
(c) enabling persons with disabilities to participate effectively
in a free society.
al; and
(c) enabling persons with disabilities to participate effectively
in a free society.
(2) The Minister shall, after consultation with the Minister
responsible for education, prescribe rules, issue guidelines and put
in place measures, as the case may be, to ensure—
(a) that persons with disabilities are not excluded from the
general education system on the basis of disability, and
that children with disabilities are not excluded from free
and compulsory primary education, or from secondary
education, higher education or vocational training, on the
basis of disability;
(b) that persons with disabilities can access an inclusive, quality
and free primary education, secondary education and
higher education on an equal basis with others in the
communities in which they live;
(c) that reasonable accommodation of the individual
requirements of persons with disabilities is provided;
(d) that persons with disabilities receive the support required,
within the general education system, to facilitate their
effective education;
(e) that effective individualised support measures are provided
in environments that maximise academic and social
development, consistent with the goal of full inclusion;
(f) the facilitation of the learning of Braille, alternative script,
augmentative and alternative modes, means and formats
of communication and orientation and mobility skills, and
facilitation of peer support and mentoring;
of communication and orientation and mobility skills, and
facilitation of peer support and mentoring;
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Persons with Disabilities [No. 6 of 2012 85
(g) the facilitation of the learning of sign language and the
promotion of the linguisitc identity of deaf persons;
(h) that the education of persons, and in particular children,
who have visual impairments, are deaf persons or have
intellectual disabilities , is delivered in the most
appropriate languages and modes and means of
communication for the individual, and in environments
which maximise academic and social development;
(i) that an allowance is paid to learners with disabilities to
cover the extra cost that may be incurred for such
learning; and
(j) pre-vocational and vocational training for persons with
intellectual disabilities in vocational and skills training
institutions.
(3) The Minister shall take measures to ensure that any
physical facility at any public educational institution is accessible to
learners with special education needs.
res to ensure that any
physical facility at any public educational institution is accessible to
learners with special education needs.
23. (1) The Minister responsible for education shall, by
statutory order, designate public educational institutions to provide
the necessary facilities and equipment to enable persons with
disabilities to fully benefit from the public educational institutions.
(2) The Government shall establish special schools for persons
with disabilities to enable persons who, by reason of their disability,
cannot be enrolled in inclusive educational institutions.
(3) The Agency shall work in consultation with the relevant
State institutions at district level to make provision for an inclusive
system of special education for persons with disabilities and the
establishment, where practicable, of libraries for persons with visual
impairments.
24. (1) A parent, guardian or custodian of a child with a
disability of school-going age, shall enroll the child in a school.
24. (1) A parent, guardian or custodian of a child with a
disability of school-going age, shall enroll the child in a school.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a penalty not exceeding
one hundred thousand penalty units.
(3) In this section, “school-going age” has the meaning assigned
to it in the Education Act, 2011.
Special
education
and facilities
and
equipment in
educational
institutions
Act No. 23 of
2011
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86 No. 6 of 2012] Persons with Disabilities
2011
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86 No. 6 of 2012] Persons with Disabilities
Prohibition 25. (1) A person responsible for admission into an educational
of refusal of
admission on
institution or other institution of learning shall not refuse to give
account of
disability
admission to a person with disability on account of the disability,
unless the person with disability has been assessed by the Agency,
in consultation with the Ministry responsible for health, to be a person
who requires to be in a special school for children or persons with
disabilities.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a penalty not exceeding
two hundred thousand penalty units.
Library 26. A public library shall, as far as practicable, be fitted with
facilities
facilities to enable persons with disabilities to use the library.
Division 2—Health Care and Facilities
facilities to enable persons with disabilities to use the library.
Division 2—Health Care and Facilities
Prohibition 25. (1) A person responsible for admission into an educational
of refusal of
admission on
institution or other institution of learning shall not refuse to give
account of
disability
admission to a person with disability on account of the disability,
unless the person with disability has been assessed by the Agency,
in consultation with the Ministry responsible for health, to be a person
who requires to be in a special school for children or persons with
disabilities.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a penalty not exceeding
two hundred thousand penalty units.
Library 26. A public library shall, as far as practicable, be fitted with
facilities
facilities to enable persons with disabilities to use the library.
Division 2—Health Care and Facilities Access to 27.
ies to enable persons with disabilities to use the library.
Division 2—Health Care and Facilities Access to 27.
The Minister shall, in collaboration with the Minister
health
services
responsible for health, take appropriate measures to ensure access
for persons with disabilities to health services that are gender
sensitive and to health-related rehabilitation and shall, in particular,
prescribe measures to—
(a) provide persons with disabilities with the same range, quality
and standard of free or affordable health care and
programmes as provided to other persons, including in
the area of sexual and reproductive health and population-
based public health programmes;
(b) provide those health services needed by persons with
disabilities specifically because of their disabilities,
including early identification and intervention as
appropriate, and services designed to minimise and
prevent further disabilities, including among children and
older persons;
(c) provide health services as close as possible to people’s
own communities, including rural areas;
(d) require health professionals to provide care of the same
quality to persons with disabilities as to others, including
on the basis of free and informed consent by, among
others, raising awareness of the human rights, dignity,
autonomy and needs of persons with disabilities through
training and the promulgation of ethical standards for
public and private health care;
rough
training and the promulgation of ethical standards for
public and private health care;
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Persons with Disabilities [No. 6 of 2012 87
(e) prohibit discrimination against persons with disabilities in
the provision of health insurance, and life insurance,
where such insurance is permitted by law, which shall
be provided in a fair and reasonable manner; and
(f) prevent discriminatory denial of health care or health
services, food and fluids on the basis of disability.
28. (1) The Ministry responsible for health shall, in formulating Health
and implementing health policies and programmes, provide for— programmes
(a) free general and specialist medical care, rehabilitative
operation treatment and appropriate assistive devices
for persons with disabilities;
(b) measures for prevention of disability;
(c) early rehabilitation of persons with disabilities;
(d) systems to avail appropriate facilities and personnel to
local health institutions for the benefit of persons with
disabilities; and
(d) systems to avail appropriate facilities and personnel to
local health institutions for the benefit of persons with
disabilities; and
(e) measures to enable persons with disabilities receive free
or affordable rehabilitation and essential medical services
in health facilities.
(2) The Ministry responsible for health shall include education
on disability and disability issues in health care programmes.
29. The Ministry responsible for health shall include the study Training of
of disability and disability-related issues in the curriculum of training health
institutions for health professionals to develop appropriate human professionals
resources to provide general and specialised rehabilitation services.
30. The Ministry responsible for health shall, in collaboration Periodic
with the Ministry responsible for social welfare, provide for periodic screening of
screening of children in order to detect, prevent and manage children
disability.
social welfare, provide for periodic screening of
screening of children in order to detect, prevent and manage children
disability.
31. The Ministry responsible for health shall establish and Operation of
operate health assessment and resource centres in each clinic at assessment
district level in order to provide early diagnostic medical attention centres
to mothers and infants to determine the existence or onset of
disability.
Division 3—Habilitation and Rehabilitation
32. The Minister shall, in collaboration with State institutions Habilitation
and non-governmental organisations, organise, strengthen and and
extend comprehensive habilitation and rehabilitation services and rehabilitation
programmes in such a way that these services and programmes—
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88 No. 6 of 2012 Persons with Disabilities
rehabilitation
programmes in such a way that these services and programmes—
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88 No. 6 of 2012 Persons with Disabilities
(a) enable persons with disabilities to attain and maintain
maximum independence, full physical, mental, social and
vocational ability, and full inclusion and participation in
all aspects of life;
(b) begin at the earliest possible stage, and are based on the
multi-disciplinary assessment of individual needs and
strengths; and
(c) support participation and inclusion in the community and
all aspects of society, and are voluntary and available to
persons with disabilities as close as possible to their own
communities, including in rural areas.
Habilitation 33. (1) The Ministry shall progressively establish, in every
and district, habilitation and rehabilitation centres for persons with
rehabilitation disabilities.
centres
(2) A habilitation and rehabilitation centre shall offer guidance,
counseling and appropriate training for persons with disabilities who
are unable to enter the mainstream of social life.
counseling and appropriate training for persons with disabilities who
are unable to enter the mainstream of social life.
(3) The Ministry shall provide a habilitation and rehabilitation
centre with appropriately qualified persons and suitable facilities
that are necessary for the performance of its functions.
(4) The Ministry shall, in consultation with the Ministry
responsible for education, promote the development of initial and
continuing training for professionals and staff working in habilitation
and rehabilitation Centres.
(5) The Ministry shall, in consultation with the Agency, facilitate
the availability, knowledge and use of assistive devices and
technologies, designed for persons with disabilities, as they relate
to habilitation and rehabilitation.
vices and
technologies, designed for persons with disabilities, as they relate
to habilitation and rehabilitation.
Community 34. The Ministry shall ensure that persons with disabilities are
habilitation rehabilitated in their communities to foster their integration.
and
rehabilitation
centres
Division 4—Employment and Social Protection
Employment 35. (1) The Minister shall, after consultation with the Minister
responsible for labour, prescribe safeguards to promote a person
with disability’s right to employment and ensuring compliance with
subsection (2).
(2) A person with disability shall not be discriminated against
on the basis of disability with regard to all forms of employment,
including conditions of recruitment, hiring and employment,
continuance of employment, the creation, classification and abolition
of positions, the determination of wages, pension or other benefits,
apprenticeship, promotion, career advancement and safe and healthy
working conditions.
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Persons with Disabilities [No. 6 of 2012 89
eship, promotion, career advancement and safe and healthy
working conditions.
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Persons with Disabilities [No. 6 of 2012 89
(3) Without prejudice to the generality of subsection (1), the
Minister shall, after consultation with the Minister responsible for labour and TEVETA, issue regulations and take measures, as the case may be, to ensure the following:
(a) the creation of a labour market and work environment that is open, inclusive and accessible to persons with disabilities;
(b) protection of the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
(c) that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;
(d) enabling persons with disabilities to have effective access to technical and vocational training and guidance programmes, placement services and vocational and continuing training;
(e) creating and promoting employment opportunities and career advancement for persons with disabilities in the labour market, and assistance in finding, obtaining, maintaining and returning to employment;
career advancement for persons with disabilities in the labour market, and assistance in finding, obtaining, maintaining and returning to employment;
(f) creating and promoting opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one's own business;
(g) employing persons with disabilities in the public sector;
(h) creating and promoting the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;
(i) that reasonable accommodation is provided to persons with disabilities in the workplace;
(j) promoting the acquisition by persons with disabilities of work experience in the open labour market; and
(k) promoting vocational and professional rehabilitation, job retention and creating return-to-work programmes for persons with disabilities.
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90 No. 6 of 2012] Persons with Disabilities
, job retention and creating return-to-work programmes for persons with disabilities.
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90 No. 6 of 2012] Persons with Disabilities
Social
protection 36. The Minister shall, in consultation with the Minister responsible
for labour, prescribe safeguards to promote the right of persons
with disabilities to social protection and an adequate standard of
living and continuous improvement of living conditions to ensure
their independent living, and shall take measures to ensure—
(a) equal access by persons with disabilities to appropriate
and affordable services, devices and other assistance
for disability-related needs;
(b) access by persons with disabilities, especially women and
girls with disabilities to social protection programmes and
poverty reduction programmes;
(c) access by persons with disabilities to public housing
programmes; and
(d) equal access by persons with disabilities to retirement
benefits and programmes.
programmes; and
(d) equal access by persons with disabilities to retirement
benefits and programmes.
Promotion 37. (1) The Government shall grant a person who employs a
of person with disability a tax rebate of the taxable income in respect
employment of each person with disability employed as shall be prescribed in
of persons relevant legislation.
with
disabilities (2) The Government shall grant special incentives to persons
with disabilities engaged in business and to business organisations
that employ persons with disabilities.
(3) A person who employs a person with disability shall—
(a) make reasonable accommodation for the person with
disability; and
(b) provide appropriate facilities required by the person with
disability for the efficient performance of the functions
required by the employment.
with
disability for the efficient performance of the functions
required by the employment.
(4) An employer who improves or modifies facilities or avails
special services in order to provide reasonable accommodation for
employees with disabilities shall be entitled to a tax rebate as
prescribed under relevant legislation.
(5) An employee with a disability shall be entitled to exemption
from income tax as may be prescribed.
Posting, 38. (1) An employer shall not post or transfer a person with
transfer and disability to a section or place of the establishment not suited for
re- the person with disability.
deployment of person
with
disability
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Persons with Disabilities [No. 6 of 2012 91
(2) Where an employee suffers a disability as a result of the
employment, the employer shall make reasonable accommodation
for that employee, counsel, retrain and re-deploy the employee to
another section more suited to the person with disability.
easonable accommodation
for that employee, counsel, retrain and re-deploy the employee to
another section more suited to the person with disability.
(3) The provisions of subsection (2) shall be in addition to any
other relief which the employee is entitled to under the Workers'
Compensation Act, 1999.
Act No. 10
of 1999
39. The Agency shall, in consultation with the relevant Reservation
institutions, secure the reservation of a prescribed percentage of of
positions in employment in the public and private sectors for persons employment
with disabilities.
rvation of a prescribed percentage of of
positions in employment in the public and private sectors for persons employment
with disabilities.
(3) The provisions of subsection (2) shall be in addition to any
other relief which the employee is entitled to under the Workers'
Compensation Act, 1999.
Act No. 10
of 1999
39. The Agency shall, in consultation with the relevant Reservation
institutions, secure the reservation of a prescribed percentage of of
positions in employment in the public and private sectors for persons employment
with disabilities. Division 5—Accessibility and Mobility
40.
of
positions in employment in the public and private sectors for persons employment
with disabilities. Division 5—Accessibility and Mobility
40.
(1) The Minister shall, in consultation with the Minister Accessibility
responsible for transport, works and communication, to enable
persons with disabilities to live independently and participate fully
in all aspects of life—
(a) take appropriate measures to ensure that persons with
disabilities access, on an equal basis with others, the
physical environment, transportation, information and
communications and other facilities and services open
or provided to the public, both in urban and rural areas;
and
(b) take effective measures to ensure personal mobility with
the greatest possible independence for persons with
disabilities, including—
(i) facilitating the personal mobility of persons with
disabilities in the manner and at the time of their
choice, and at an affordable cost;
(ii) facilitating access by persons with disabilities to
quality mobility aids, devices, assistive
technologies and forms of live assistance and
intermediaries;
(iii) providing training in mobility skills to persons with
disabilities and to specialist staff working with
persons with disabilities; and
(iv) encouraging entities that produce mobility aids,
devices and assistive technologies to take into
account all aspects of mobility for persons with
disabilities.
devices and assistive technologies to take into
account all aspects of mobility for persons with
disabilities.
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