Draft of Law on Rights of People with Disabilities
Chapter 1:
General Provisions
Article 1:
The purpose of this law is to strengthen and protect the rights and
interests of people with disabilities, and to abolish the discriminations,
and to guarantee their full and equal participation in all activities
in society.
Article 2:
A person with disability is any citizen who lacks any physical organ
or capacity or suffers any mental impairment, which causes decent restriction
on his/her daily life or activities such as loss of limbs, quadriplegia,
visual or hearing impairment or mental handicap etc., and obtains a
certified document issued by Ministry of Health.
The criteria of types and levels of disability shall be defined by
a sub-decree.
The Ministry of Health shall issue the above-certified document free
of charge. The procedure for issuing the above-certified document shall
be defined in a PRAKAS of the Ministry of Health.
Article 3:
People with Disabilities are fully entitled to exercise their rights
as citizens guaranteed by the constitution and other international laws
which are ratified by the Kingdom of Cambodia such as the rights to
live, rights to access to health care services, rights to mobility,
rights to access to education, rights to work, rights to politics and
of access to other private and public services.
Article 4:
People with Disabilities and their families shall be invited to participate
in the planing and implementing of programs concerning to their interests.
All people with disabilities' needs shall be included in implementing
programs to the greatest extent possible.
Article 5:
The Royal Government shall raise public awareness and understanding
of disability in order to strengthen solidarity, mutual understanding
and respect the rights of people with disabilities.
Article 6:
Cambodian Day for the Disabled Persons shall be established for promoting
public awareness on welfare of people with disabilities and encouraging
people with disabilities to participate in economical, social, cultural
and other activities.
Cambodian Day for the Disabled Persons shall be conducted jointly with
International Day for the Disabled Persons on December 3 every year.
Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation
has the duty to organise the event.
Article 7:
National Paralympic Committee of Cambodia shall organise Cambodian Handi-Sports
Day once a year.
Chapter 2:
Quality of Life
Article 8:
The Royal Government shall give due attention to improve living conditions
of people with disabilities, including food, clothes and places; and
the provision healthy atmosphere to live.
Article 9:
The Royal Government shall take necessary measures to encourage citizen,
philanthropists, and social organisations to provide support to people
with disabilities, especially whose who with severe disabilities and
are poorest and helpless in society.
Article 10:
The Royal Government shall have annual budget to support people with
disabilities:
- Those who with severe disabilities, and who are poorest and helpless
- Who are elderly, poorest and helpless
- Who meet serious accident
The Royal Government shall encourage integrating people with disabilities
into community. The programmes for the integration shall be defined by
the PRAKAS of the Ministry of Social Affairs, Labour, Vocational Training
and Youth Rehabilitation and the concerned Ministry.
Article 11:
The Royal Government shall prepare social security pension for people
with disabilities whose disabilities are severe, and who are poorest
and helpless.
Article 12:
Parents and persons who are responsible for people with disabilities
shall:
- Protect the rights and the interests of people with disabilities;
- Take a good care of people with disabilities;
- Encourage and assist people with disabilities to have a good hope
in their life;
Carelessness of, to exploit, and to abandon, people with disabilities
are prohibited.
Chapter 3:
Rehabilitation, Health, and Prevention of disability
Article 13:
The Ministry of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation shall organise physical and mental rehabilitation programs
to assist people with disabilities to perform a full range of employment
functions and social activities in equality with, or similar to non-disabled
people, and to enable them to use their capacities and talents in their
daily lives.
Article 14:
The Ministry of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation shall establish and encourage private entities to establish
workshops or physical and mental rehabilitation centres to ensure rehabilitation
services to people with disabilities.
Article 15:
The Ministry of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation shall establish:
- Training School for the technician of assertive devices
- Component factories
to ensure the needs of rehabilitation centres in providing assertive devices
to people with disabilities.
Article 16:
The Ministry of Health, in conjunction with the Ministry of Social Affairs,
Labour, Vocational Training and Youth Rehabilitation shall expand physical
and mental therapy training programme to the technical schools of medical
care; and shall make physical and mental therapy available in all hospitals
in order to prevent patients from being disabled.
Article 17:
The Ministry of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation in conjunction with the Ministry of Health shall assist
in training families members and volunteers on care and rehabilitation
techniques needs for specific type of disability to enable families
rehabilitating of physical and mental of people with disabilities.
Article 18:
The Ministry of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation and Ministry of Health shall expand community rehabilitation
services, outpatient consultation services and treatment services for
physically and mentally impaired persons.
Article 19:
The Royal Government shall implement comprehensive Disability Prevention
Program, available to every citizen through provision of:
- Medical care during childbirth, together with pre and postnatal
care;
- Timely follow-up and early detection of any diagnosis of disability;
- Prevention of disability by immunisation;
- Adequate nutrition especially for growing children;
- Education programs which raise awareness to prevent the causes of
disability;
- Timely medical treatment and rehabilitation etc.
Article 20:
The Royal Government shall assist in health care and treatment services
to the people with disabilities whose disabilities are serious or who
are poor and helpless.
Chapter 4:
Public Access
Article 21:
The term "Public Places" in this law means areas, buildings, premises
and transportation means owned by state, public or private entities
which are open to the general public such as ministries, departments,
institutions, roads, resorts, cultural centres, sporting places, recreational
places, educational establishment, hotels, hospitals, health centres,
restaurants, transportation systems, etc.
Article 22:
Any public places being constructed or to be constructed shall be provided
accessible facilities to the people with all kinds of disabilities such
as ramps, accessory hand rails and signs etc.
Article 23:
Any public places which already constructed before this legislation
comes into force, and not yet equipped with the facilities as stated
in the Article 22 shall be prepared a plan to be renewed, so that they
are accessible to people with disabilities. The requirement to alter
public places shall not be excused unless employers or owners of such
public places can demonstrate that there are structurally impracticable
or can only be made at extreme expenses.
Article 24:
Concerned competence ministries shall collaborate in providing authorisation
on construction plans and inspection of construction of public places
to ensure the accessibility appropriateness for people with disabilities
as stated in Article 22.
Article 25:
Instructions on accessibility of people with disabilities as stated
in Article 22, 23 and 24 shall be defined by the PRAKAS of competence
ministries.
Article 26:
A person with disability has the right to acquire a driver license.
The capacity to operate drive as well as the type of vehicles for people
with disabilities shall be defined by the joint PRAKAS of the Ministry
of Health and Ministry of Public Works and Transports.
Article 27:
The Ministry of Public Works and Transports shall issue a disability
sign card to people with disabilities who operate vehicle. A person
with disability who operates vehicle can display the sign card in his/her
vehicle visible to others. A person with disability shall display this
sign card in his/her vehicle when he/she parks at the parking lot for
people with disabilities.
Article 28:
The Ministry of Public Works and Transports shall issue the PRAKAS to
reserve parking lots for people with disabilities in public and private
parks.
Chapter 5:
Education
Article 29:
The term "Educational Institute" in this law means any state and public
or private school that is authorised by the government to offer educating
and training to students of any age. This term include from kindergarten
upward.
Aticle 30:
"Qualified Student with Disability" in this law means a person with
disability of any age who intends to study, is studying and continues
to study, and can perform the programs of study offered by educational
institutions with Reasonable accommodation includes such as:
- Teaching rooms and educational places;
- Educational methodology and pedagogy in synchronous with disabilities;
- Study materials or other equipment to assist students with disabilities;
- Training and teaching materials for teachers or professors
and other reasonable accommodations which will be facilitated to meet
the needs of individual student with disability.
Article 31:
Qualified student with disability has the right to study in any educational
institutions or to obtain scholarship awards unless there are any reasonable
provisions stipulated in differences.
Article 32:
The Ministry of Education Youth and Sports shall pay attention, especially,
to the needs of education of student with disabilities.
Qualified student with disability from poor family shall be offered
free of charge for studying in state and public educational institutions.
The private school shall discount for studying of student with disabilities.
All books and stationery of educational institutes shall be discounted
for students with disabilities.
Article 33:
The Ministry of Education Youth and Sports shall include in general
education programs the awareness on the causes of disability, prevention,
and the values of the people with disabilities etc.
The Ministry of Education Youth and Sports shall have pedagogical program
to train teachers and professors to realise knowledge on disability
and teaching methodology to teach students with disabilities.
Article 34:
The Ministry of Education Youth and Sports shall establish national
policy and strategy to educate student with disabilities such as:
- Promoting inclusive education to the utmost extent;
- Establishing special education to respond to the needs of students
with disabilities.
Chapter 6:
Employment and Vocational Training
Article 35:
"Qualified Person with Disability" in this law means a person with disability
who has capacity to perform positions, duties, and responsibilities
in the functions in which such person holds and wishes to hold.
Article 36:
"Employee" in this law means a person with disability who signs employment
contract with an employer, and who works under the supervision of that
employer or his/her representative as defined in labour law and co-statute
of civil servants.
"Employer" in this law means natural person or legal person, state,
public or private, who employs employee(s) to work as defined in labour
law and co-statute of civil servants.
Article 37:
Qualified Person with Disability has the right to work without any discrimination,
in all aspects, including apprenticeship and internship.
The discrimination aims to any circumstances such as application for
employment, acceptance salary, rank promotion, job termination, compensation,
training and other conditions.
Article 38:
An employer, who employs more than a certain number of full-time employees,
shall employ appropriate percentage of full-time disabled employees.
Article 39:
An employer shall make a declaration periodically on the number of full-time
employees and full-time disabled employees to the Ministry of Social
Affairs, Labour, Vocational Training and Youth Rehabilitation.
Article 40:
An employer, who does not fulfil the provision of Article38, shall pay
a contribution to the People with Disabilities' Fund.
Article 41:
Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation
shall issue a PRAKAS to ensure the implementation of articles 38, 39,
and 40.
Article 42:
An employer shall provide reasonable accommodation to qualified people
with disabilities, whether they are applicants, employees, apprentices
or interns, unless such reasonable accommodation causes undue burden
to employer.
Article 43:
"Reasonable Accommodation " in this law refers to:
| a- |
Making existing facilities at the workplace, or changing equipment
or devices to make them accessible by people with disabilities.
|
| b- |
Job restructuring, work scheduling, modification of comfortable
examinations through development of policies to provide services
and other similar accommodations for people with disabilities. |
"Undue burden" in this law refers to the reasonable accommodation that
cannot be carried out due to significant difficulty or expense. In determining
whether what measure would cause undue burden, the following factors
shall be considered:
| a- |
The cost of measure to be taken
|
| b- |
The financial resources and total value of the facilities
|
| c- |
The nature and number of employees, apprentices or interns, premises,
the effect or impact which may be the results of accommodations. |
Article 44:
Vocational Training Institutions of state, public or private entities
shall accept to provide training to qualified people with disabilities.
Article 45:
Vocational Training Institutions of state, public or private entities
shall provide reasonable accommodation to qualified person with disabilities
who is applicant, trainee or intern, unless such accommodation causes
undue burden.
Article 46:
Vocational Training Institutions of state, public or private entities
shall have detailed training curriculum in writing to disseminate to
people with disabilities well in advance. Such curriculum shall be considered,
as testimony of responsibility and essential duty required by the training
programs.
Chapter 7:
Incentive Program
Article 47:
The Royal Government shall establish incentive program to the own, family
or collective occupation of people with disabilities through tax reduction
and provision of other priorities.
The above incentive program shall be defined by PRAKAS of Ministry
of Social Affairs, Labour, Vocational Training and Youth Rehabilitation
and Ministry of Economic and Finance.
Article 48:
The Royal Government shall establish program to provide tax reductions
and other incentives to the employer who employ appropriate percentage
or over appropriate percentage of people with disabilities as stated
in Chapter 6 of this law.
The level of above incentive program and other incentives shall be
defined by the Sub-Decree.
Article 49:
The Ministry of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation, Ministry of Economic and Finance, and concerned Institutions
shall broadly disseminate incentive program to investors and employers.
Article 50:
The Ministry of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation, Ministry of Economic and Finance, and concerned Institutions
shall jointly collaborate in following-up and monitoring the implementation
of this incentive program.
Chapter 8:
Elections
Article 51:
No people with disabilities shall be denied the right to vote or to
be selected because of that person has disability.
Article 52:
The National Election Committee shall take appropriate measures to enable
people with disabilities to access to vote.
Article 53:
The National Election Committee, Ministries, concerned Institutions
and Organisations shall jointly collaborate in preparing program to
raise awareness of the right of people with disabilities to vote broadly.
The program related to election shall include:
- The right of people with disabilities to vote;
- The right to choose an assistant;
- Procedure and form of fulfilling agreement between voter with disabilities
and assistant prior to entering voting booth;
- Appropriate measures and making possible for voting of people with
disabilities.
Chapter 9:
Disability Action Council
Article 54:
To establish a Disability Action Council with the abbreviation "DAC",
is a national co-ordinating mechanism to provide advisory to the Royal
Government on disability issues.
Article 55:
The DAC has responsibilities as follows:
- To provide advisory on disability and rehabilitation issue
- To collaborate with the Royal Government and related organisations
in preparing policies, national plans and strategies related to disability
and rehabilitation.
- To promote the implementation of policies, laws and other regulations
related to disability and rehabilitation.
- To provide recommendation for the Royal Government to change, to
add or to amend on policies, laws and other regulations.
- To collaborate, monitor and evaluate the implementation of policies,
laws, national plans and other regulations.
Article 56:
DAC is governed by Board compose of one senior official of the Ministry
of Social Affairs, Labour, Vocational Training and Youth Rehabilitation
as a chairperson, representative from relevant ministries, representative
from disabled people organisations, and representative from other organisations
as members.
The functioning and implementation of DAC shall be defined by a Sub-Decree.
Chapter 10:
People With Disabilities' Fund
Article 57:
People with Disabilities' Fund shall be established with the following
purposes:
- To provide fund for implementing programs which assist people with
disabilities and to support to institutions and establishments which
provide services to people with disabilities including health, education,
rehabilitation, vocational training and job placement.
- To enhance and increase welfare of people with disabilities, especially:
- The poor people with disabilities who have not received
rehabilitation services
- The poor family of people with disabilities who are dependent
on person with disability
- The poor people with disabilities who have received rehabilitation
services or people with disabilities who have skills but have
no employment yet
|
- To provide credits for reasonable accommodation.
Article 58:
People with Disabilities' Fund is a public enterprise, which shall be
established by Sub-Decree.
Article 59:
Sources of income of the People with Disabilities' Fund come from the
donation from the Royal Government, institutions, philanthropists and
contribution stipulated in Article 40 of this law.
Chapter 11:
Disability Rights Administration
Article 60:
The Disability Rights Administration is a unit of Ministry of Social
Affairs, Labour, Vocational Training and Youth Rehabilitation, and is
responsible for preparing, implementing, co-ordinating, supervising,
and evaluating national disability rights policy. Particularly within
the realms of public administration, it is a tool for formulating and
enforcing legislation in order for this policy to be realised.
Article 61:
Disability Rights Administration provides its advisory to people with
disabilities, public institutions and related NGOs to uphold the collaboration
and co-operation in order to strengthen the effective implementation
of this law.
Article 62:
Disability Rights Administration provides mediation and reconciliation
services, and settles other disputes, which occurred to the people with
disabilities.
Article 63:
Disability Rights Administration shall have Disability Database Unit
and Unit of Inspection and Mediation.
Article 64:
Disability Rights Administration shall disseminate the contents of this
law as well as laws and other regulations related to disability broadly.
Article 65:
The functioning and processing of Disability Rights Administration shall
be defined by the PRAKAS of the Ministry of Social Affairs, Labour,
Vocational Training and Youth Rehabilitation.
Chapter 12:
Punishment
Article 66:
Those guilty of violating the provisions of the Article 32-paragraph
3 and 4, Article 39, 42 and 45 are liable to a fine of 100.000 riels
to 500.000 riels.
Article 67:
Those guilty of violating the provisions of the Articles 22, 23, 37,
38 and 40 are liable to a fine of 500.001 riels to 2.000.000 riels or
to imprisonment of six days to three months or both.
Article 68:
When there are several infractions, which are liable to the same penalty
by virtue of this law, fines must be proportional to the number of infractions.
However, the total amount find cannot exceed five times the maximum
rate of fines.
This rule applies particularly when several workers are employed under
conditions contrary to this law.
Fines imposed in the event of subsequent offences are tripled.
Article 69:
Anyone who prevents or attempts to prevent the Disability Rights Inspectors
from carrying out their functions or from exercising their powers, is
liable to a fine of 500.001riel to 2.000.000riel or to imprisonment
of six days to three months or both.
Chapter 13:
Final Provision
Article 70:
Any legal provisions contradict to this law shall be abrogated.
| |
This law has been adopted by the National Assembly
of the Kingdom of Cambodia
on …………….. at .... session of 2nd term.
Phnom Penh, ………………………….200X
President of National Assembly |
Note:
- The Draft Cambodian Disability Law by W.G with input from Cambodian
Legal Expert.
- Unofficial translation by CDPO / JICA / MOSALVY; edited and corrected
by DAC, 27/07/03.
