CRISTOBAL, Ayla Monicca C.

1U
L-150783
David

LegRes Atty. Angelo

TITLE

Over the years, there has been the struggle for persons with
disabilities to be integrated into mainstream society. They are often set to
the side and treated as objects of policy-making and charity; they are often
denied opportunities to participate in public domains or to politically
organize. More often than not policies are developed for them, instead of
policies that encourage their direct participation, thus leads to the feeling of
less self-efficacy, and the belief that they do not have the capacity to impact
the political system1. Until today, persons with disabilities still experience
inequalities in public and private establishments, transportation facilities,
and in most aspects of the policymaking process that include lobbying,
voting, and even performing as a public servant2.
According to the World Health Organization, about 15% of the worlds
populationor an estimated number of 650 million peoplehave disabilities,
and one in every six people in poverty areas are affected by moderate or
severe disability. Given that disability is extremely diverse, it is also
extremely difficult to cater to the needs of people with disabilities. However,
as much as everyone else is entitled to mainstream health care services, so
should be persons with disabilities. This veers into the discussion of disability
not being a topic of medicine or charity but an issue of human rights.
In order to counter the medical model was the social modelit
maintained that persons with disabilities continue to be excluded and
discriminated against from direct participation in mainstream society. The
advocacy for the rights of the disabled flourished as the social model became
the foundation of the disability movement that provided the gravitas that
supported disabled persons organizations (DPOs) to negotiate with their
governments for a rights-based approach toward disability. The rights-based
approach also asserted that existent resources should be distributed
equitably, thereby ensuring that the most vulnerable and marginalized
1 David L. Braddock & Susan L. Parish on An Institutional History of Disability, in
HANDBOOK OF DISABILITY STUDIES (Albrecht, et al., 2001);
2 Sarah Parker Harris et al., Civic Engagement and People with Disabilities: The Role
of Advocacy and Technology, 5 JCES 1 (2012)

groups are in a position to exercise their inherent rights 3. These early

movements from the 70s and the 80s provided the foundation for the
needed debate regarding the need for a rights-based framework for the
development of disability policy and practice in the future. Today, there has
been an immense improvement regarding the rights, inclusion, and
acknowledgment of PWDs in the society. This paper aims to discuss the laws
and mandates that direct the
(scope and limitations)
In the case of the Philippines, there is the continued struggle of
persons with disabilities to be fully integrated in to the mainstream society
despite existing laws that aim to protect them. Republic Act 7277 4 was
mandated back in 1992 to delineate the general principles, rights and
privileges, prohibitions on discrimination against disabled persons, and other
provisions that support the welfare of the PWD sector. In 2010, an
amendment of R.A. 7277 came about, which is R.A. 100705. The amendment
explained in further detail the role of the national agencies and the local
government in the promotion and protection of the rights of said sector. R.A.
10070 mandated that local government units shall establish a Persons with
Disability Affairs Office (PDAO) in every province, city and municipality, and
described the duties and functions the institution must perform efficiently in
order to oversee, preserve and protect the rights and welfare of the disabled
sector. Both policies play an important role in the promotion and integration
of the welfare of PWDs in the mainstream society.
While R.A. 7277 states and identifies the different rights, privileges,
and services which are guided by principles that shall be received by the
PWD sector, R.A. 10070, on the other hand, mandates the local government
units of every province, city, and municipality to organize and establish a
PDAO in order to fully ensure the implementation of the services and
privileges for PWDs. In addition to this, R.A. 10070 also directs the national
government through the Department of Social Welfare and Development
(DSWD) to allocate funds for programs supporting and promoting PWDs 6.
Along with the amendments made in R.A. 10070, which was passed on 2010,
3 Raymond Lang, The United Nations Convention on the Right and Dignities for
Persons With Disability: A Panacea For Ending Disability Discrimination?, 3 ALTER
EUROPEAN JOURNAL OF DISABILITY RESEARCH, 266-285 (2009)
4 Also known as the MAGNA CARTA FOR PERSONS WITH DISABILITIESan act providing for
the rehabilitation, self-development and self-reliance of disabled persons and their
integration in to the mainstream of society and for other purposes
5 An act establishing an institutional mechanism to ensure the implementation of
programs and services for persons with disabilities

is the declaration that the term to be used in all sections of the same act in
reference to disabled persons shall be changed Persons with Disabilities
(PWDs). In the third section, R.A. 10070 also stated:
Within three (3) years after the effectivity of this Act, appropriate agencies,
headed by the Department of Social Welfare and Development (DSWD), in
consultation with the NCDA and relevant NGOs and POs, shall review its
implementation and recommend to Congress the need to mandate the
establishment of a PDAO in fourth (4th), fifth (5th), and sixth (6th) class
municipalities.

Another important inclusion in the amendment is the proper allocation of

funds from the annual budget that is meant to cater to programs and
projects that provide support for PWDs.
(conclusion) It is important to realize the proper implementation of
legislations such as R.A. 10070 for the reason that persons with disabilities
are as much an asset as other citizens, and can play key roles in
development. More importantly, efficient local government units must
pioneer the promotion and empowerment of persons with disabilities,
reiterating inherent rights and emphasizing the need to stop the longobserved discrimination against persons with disabilities, negative public
perception and prejudiced social attitudes toward persons with disabilities.
Proper implementation of the republic act would mean that persons with
disabilities within the two locales feel and experience that they are in fact
included in the affairs of the society and such a feeling brings out an
emancipatory effect and in turn [they] become more aware of their civic
rights and responsibilities7. Lastly, the integration of the disabled sector in
contemporary society shall assure future generations that the same cycle of
marginalization shall endure no longer.

6 Artha Kira Paredes et al., THE RIGHT TO VOTE: FILIPINOS WITH DISABILITIES AND THE 2013
ELECTIONS, (Luz Rimban & Yvonne Chua, eds.) (2014)
7 Bradley Lewis, A Mad Fight: Psychiatry and Disability Activism, in THE DISABILITY
STUDIES READER, (Lennard J. Davis ed. 2010)