Lecture notes on Rights and Privileges of Persons with Disabilities
Right - entitlement of something
Source of entitlement - law (international or domestic), decision of a court of justice.
Privilege - particular benefit, advantage, special benefit given to a particular person, group or a class of
person.
Difference between a right and privilege - right - irrevocable entitlement; privilege - revocable
entitlement
International Law
Doctrine of incorporation - Section 2, Article 2 of the Constitution, Philippines adopt the generally
accepted principles of international law as part of the law of the land
United Nations Human Rights - Convention on the Rights of Persons with Disabilities. Philippines is one
of the signatories
How to we approach persons with disability?
Objects of pity - charitable approach
Problems to be fixed - medical approach
Burden of disability falls on the individual and, as a result, social transformation is virtually impossible
Special - inclusive treatment and marginalized. No social interaction.
Recommended approach
Social approach - disability is recognized as the consequence of the interaction of the individual with an
environment that does not accommodate that individual differences. This lack of accommodation
impedes the individual’s participation in society. Inequality is not due to the impairment, but to the
inability of society to eliminate barriers challenging persons with disabilities.
Human rights approach - acknowledging persons with disabilities as subjects of rights and the state and
others as having responsibilities to respect these persons. It treats the barriers in society as
discriminatory and provides avenues for persons with disabilities to complain when they are faced with
such barriers. A rights based approach to disability is not driven by compassion, but by dignity and
freedom. It seeks ways to respect, support and celebrate human diversity by creating the conditions that
allow meaningful participation by a wide range of persons, including persons with disabilities.
Persons with disabilities have the right to live in the community, and to choose where and with whom to
live, on an equal basis with others. Independent living does not mean living alone...Once a person can
make his/her own decisions - including where and with whom to live - and to be respected for these
decisions, that person is living independently.
Key principles of a human rights approach to disability
1. Respect for the inherent dignity and individual autonomy, including the freedom to make one’s
own choices, and the independence of persons.
2. Non-discrimination
3. Full and effective participation and inclusion in society
4. Respect for difference and acceptance of persons with disabilities as part of human diversity and
humanity
5. Equality of opportunity
6. Accessibility
7. Equality between men and women
8. Respect for the evolving capacities of children with disabilities and for their right to preserve
their identities
Convention underlines that persons with disability should enjoy human rights without discrimination and
on an equal basis with others.
Human rights
1. Right to life
2. Equal recognition before the law
3. Liberty and security of the person
4. Freedom from torture or cruel, inhuman or degrading treatment or punishment
5. Freedom from exploitation violence and abuse
6. Integrity of person
7. Liberty of movement and nationality
8. To live independently and be included in the community
9. Freedom of expression and opinion, and access to information
10. Respect for privacy
11. Home and family
12. Education
13. Health
14. Work and employment
15. Adequate standard of living and social protection
16. Participation in political and public life
17. Participation in cultural life, recreation, leisure and sport
Domestic law
When is the international day for disabled persons? December 3
Privileges
Need PWD ID and booklet to avail (As of 2017 only 50,000 PWD Cardholders)
20% discount and VAT exemption
hotels and similar lodging establishments
restaurants
recreation centers
theaters, cinema houses, concert hall, circuses carnivals, and other similar places of culture,
leisure and amusement
medicine
medical and dental services, including diagnostic and laboratory fees and professional fees of
attending doctors in all private hospitals and medical facilities (subject to guidelines to be issued
by the Department of Health in coordination with Philippine Health Insurance Corporation)
domestic air and sea travel
public railways, skyways, and other public utility vehicles (including buses, jeeps, taxis and
shuttle services)
funeral and burial services for the death of the PWD
5% discount
basic necessities such as:
rice, corn, bread, fresh or dried and canned fish and other marine products, fresh pork, beef and
poultry meat, fresh eggs, fresh and processed milk, infant formula, fresh vegetables, root crops,
coffee, sugar, cooking oil, salt, laundry soap, detergents, firewood, charcoal, candles and other
commodities as may be classified by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA)
prime commodities such as:
fresh fruits, dried or processed or canned pork, beef and poultry, meat, dairy products not falling
under basic necessities, noodles, onions, garlic, diapers, herbicides, poultry, swine and cattle
feeds, veterinary products for poultry, swine and cattle feeds, veterinary products for poultry,
swine and cattle, paper, school supplies, nipa shingle, plyboard, construction nails, batteries,
electrical supplies, light bulbs, steel wire and other commodities that may be classified by the
DTI and DA
Note: Purchases should not exceed P1,300 a week to avail of the 5% discount. For more info and details
on basic necessities and prime commodities, click here.
Employment opportunities:
all government agencies, offices or corporations shall reserve at least 5% of all positions for
PWDs
private corporations with more than 100 employees are encouraged to reserve at least 1% of all
positions for PWDs
You have the right to be employed in the same way as able-bodied people are as long as you can
perform the work.
You have the right to be provided work that accommodates your disability.
You have the right to be hired as an apprentice if you are able to perform the job.
You have the right to be trained in order to develop skills for employment.
You have the right to be trained for advancement in employment.
C. Other benefits
educational assistance to pursue primary (nursery and kindergarten), secondary, tertiary, post-
tertiary, as well as vocational or technical education, in both public and private schools, provided
the PWD meets admission requirements
continuance of the same benefits and privileges given by the Government Service Insurance
System (GSIS), Social Security System (SSS), and Pag-IBIG
express lanes for PWD in all commercial and government establishments (if none, priority shall
be given)
protection against verbal and non-verbal ridicule and vilification (see details about it here)
P25,000-annual income tax deduction to relatives within the fourth civil degree of consanguinity
or affinity, who are caring for and living with a PWD
accessible biometrics registration and voting precincts
designated PWD-friendly public attorneys
P15,000 worth of benefits to qualified PhilHealth members or dependents in need of lower limb
prosthesis
establishment of a Persons with Disability Affairs Office (PDAO) in every province, city and
municipality
accessible website of all government agencies
Some cities also grant extra benefits for PWD
1. Cebu City - annual financial assistance of P5,000 and are working on increasing it to P12,000.
They also offer free parking in commercial establishments for the first three hours.
2. Quezon City - free movie admission on Mondays and Tuesdays until 5 p.m. at Quezon City malls.
This does not cover Imax theaters and 3D screenings and is not valid on nonworking public
holidays. And, blockbuster movies may be availed a week after initial release.
3. Zamboanga City - Community Action and Resources for Accessible, Better and Leverage
Environment (CARe-ABLE) for Persons with Disability, which provides enhanced social protection
projects and activities for PWDs.
Please check your respective cities
Step 1: Gather requirements
A. Medical Abstract or Certificate
These can be obtained at licensed private or government clinics and through a hospital-based physician
B. Filled out PWD Registration Form
Where to get a copy:
Online through pwd.doh.gov.ph (To go directly to the printable form, click here)
PWD registration centers or other offices which include: Office of the Mayor, Office of the
Barangay Captain, National Council on Disability Affairs or its regional counterpart, Department
of Social Welfare and Development (DSWD) offices
C. Two 1x1 ID pictures
Step 2: Submit your documents
Head to your city or province’s Persons with Disability Affairs Office (check with City Hall) to submit your
application. This is also where claiming and renewal of PWD IDs take place.
Penalty under Magna Carta
For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than
two years, or both at the discretion of the court; and
For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not
exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but
not more than six years, or both at the discretion of the court.
Any person who abuses the privileges granted herein shall be punished with imprisonment of not less
than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty
thousand pesos (P50,000.00), or both, at the discretion of the court.
If the violator is a corporation, organization or any similar entity, the officials thereof directly involved
shall be liable therefore.
If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence
without further deportation proceedings.
Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may
also cause the cancellation or revocation of the business permit, permit to operate, franchise and other
similar privileges granted to any business entity that fails to abide by the provisions of this Act.
