THE DISABILITY LAW PASSED BY THE PARLIAMENT OF THE FOURTH REPUBLIC OF GHANA
WHAT ARE WE DOING AS GHANAIANS TO ENFORCE THIS LAW?
INTRODUCTION:
The passage of Act 715 by the Parliament of the Fourth Republic of Ghana introduced landmark legislation for Persons with Disability (PWDs). The Act is aimed at ensuring that the PWDs enjoys the rights enshrined in Article 29 of the 1992 Constitution of Ghana, with a vision to improving their quality of life and mainstreaming PWDs activities.
Act 715 guarantees PWDs access to public places, free general and specialist medical care, education, employment and transportation among others. It also regulates the commitments and other responsibilities of public and private service providers. Act 715 will ensure the creation of PWDs’ desks at various employment centers nationwide, and it also provides for the formation of a National Council on Persons with Disabilities. The t transitional period of the Act makes provision for a 10-year moratorium for compliance with the provisions on access and mobility because of the substantial investment needed to make all existing public infrastructure disability-friendly
Like most statutory instruments, the Disability Act 2006 (Act 715) is voluminous, and past examples have indicated that most readers find such technical material difficult to digest. In addition to this, there have been many instances where copies of government legislation have not been made available to the general public. Considering the strenuous advocacy effort made by concerned organizations before the passage of the Act, it is of vital importance that these problems, which have afflicted the implementation of previous legislation, are addressed in the present case to prevent setbacks. Consequently, the Center has taken the initiative to produce an abridged version of the Act for public dissemination, in order to aid understanding, as well as increase public awareness of the rights of PWDs in Ghana
{THE DISABILITY LAW}
The Parliament of the Republic of Ghana passed the Disability Bill into law in 2006. The purpose of the law is to fight for and protect the rights of people who are living with disability. These people are often not respected, and are not human. Many families and communities often refuse to accept their members living with disability and these unfortunate ones are usually put in institutions or places where people care less about their needs. So, the law intend t o make sure that people with disability really enjoy their right, which are in our constitution. If a person is disabled,( that is, a “person with disability”) it means that the individual has a problem with a part of his or her body or mind. Since the person may not be able to walk, use their arms and hands, hear, see, feel, talk or think, well. Sometimes, the person cannot do any of these things at all. Because of these problems, the person may find himself or herself in a situation where mixing with other “normal” people in society, and taking part in the usual activities in his or her area, become impossible.
SECTION 1: Rights to Family Life and Social Activities
Most often, people with disability do not have the comfort of living with their family members. They are usually sent out of their homes to take of themselves. Sometimes they are not allowed to play together with other people because it is believed that their disease or disability will affect others. We also think that people who are disabled cannot think, create things or do things on their own. These ideas are based on negative and false stories, which people sometimes tell about people with disability. It is wrong and against the law to stop persons with disability from living with their family or taking part in social, creative or entertaining activities within their societies.
SECTION 2: Differential Treatment in Respect of Residence
When a person with disability is renting a house, the landlord or agent must not treat him or her less favourably than they would treat any other person who is not disabled. If the person with disability is treated in a less favourable way, it is against the law. However, if the person with disability needs special help to enable him or her to stay comfortably like other people then the landlord or agent ought to help in that way.
SECTION 3: Living Conditions in Specialized Establishment
In case it is necessary for a person with disability to be put in a special “home”, school or any institution, the surroundings or conditions there shall be the same as the living conditions given to a person who is the same age and is not disabled. But, if the person with disability has special needs, then there can be a difference in conditions to satisfy the special needs.
SECTION 4: Exploitation of and Discrimination against a person with Disability
It is against the law to use a person with disability unfairly for your advantage. For example, it is wrong to use a disabled child to beg for money instead of taking the child to school, to learn a trade or work. You must not treat a person in a different way from others just because the person is disabled. If you are an employer, you cannot pay a disabled worker less than someone who does not have disability, unless the disability has to do with, or affected by , a particular work. You should show the same level of respect to all persons, whether disabled or not. You must not abuse or disgrace persons with disability.
SECTION 5: Party to Judicial Proceedings
If a person with disability goes to court, the court should help him or her to be satisfied and happy with the court process. For example, if the person is deaf, the court should get somebody who can speak a sign language that the person with the disability understands to interpret what the judge, the lawyer, witnesses and all those who are involved in the case say.
SECTION 6 & 7: Access to Public Places and Services
Those who run businesses or offer services to the public in buildings that need climbing such as a shop, restaurant, or hospital etc. should do what the law says. The law says that such buildings should be such that a person with disability, and any other person, can easily go in and out of the building and move around easily there.
SECTION 8: Penalty for Contravention
Anyone who does not obey all or some of the laws above and breaks any of them can be taken to court; and if the court finds that person guilty, meaning that person really did not treat a person with disability well, the court can put the wrong doer in prison for up to three (3) months or make him or her pay money to the court, or both.
SECTION 9: Establishing of Employment Centers for Persons with Disability
One of the reasons for making the law is to help persons with disability to have jobs to do so that they will not beg for food and money in the streets. So, the government has put in place employment centres or places where persons with disability will be helped to get jobs.
SECTION 10: Promotion of Employment of Persons with Disability
It is not only the government that can get jobs for persons with disability. People who have their own businesses can also help. The government will encourage such private businesses or companies (which employ persons with disability) by allowing them not to pay some taxes.
SECTION 11: Provision of Tools
If the government or a private company employs a person with disability, they shall give the person the tools and materials that are needed for him or her to do the job well.
SECTION 12: Posting, Transfer and Redeployment of Persons with Disability
Persons with disability may need a special environment in order for them to work. Therefore, when these disabled persons are employed to work at a place which is comfortable to them the employer should not send or move them to anew place which may not be right for them.
If a disabled person’s problem is caused by an accident at the workplace, the employer should not just sack him or her. The employer should train the person with disability for a new job and send or move him or her to another section where he or she will be able to work. This new section should also be a place where the work conditions and surroundings fit the person’s disability. These are done in addition to any payment that must be given to the person because of the disability he or she suffered while working for the employer.
SECTION 13: Appropriate Training for the Unemployed Person with Disability
As part of plans to help persons with disability to find jobs, the law says that the government will write the names and make a list of persons with disability who do not have jobs, so that they can be helped to find work.
If after two years, the persons with disability are not able to get jobs, the government will help to train them to acquire the necessary skills and also give them working tools and materials, as well as loans to start business. But it is against the law for the person with disability to sell the tools or materials (he or she is to work with) given to him or her by the government or any helper. It is also a crime for anybody to buy such tools. If the court finds that you are guilty or you actually did any of the wrong things mentioned above, you may be sent to prison for one year.
SECTION 14 & 15: Rehabilitation Centers and Community-Based Rehabilitation
Sometimes, person with disability need guidance, support and advice so that they make important decisions on, for example, deciding which job to do, developing their self-esteem, feeling accepted as part of the society, among others. The law gives the Government the duty to set up centres where persons with disability can be cared for and helped to overcome or cope with the emotional part of their problems. This may also be called rehabilitation. The rehabilitation of persons with disability shall include, as far as possible, encouraging them to mix freely with other people within their communities
SECTION 16: Education of a Child with Disability
Every parent ,guardian or custodian, or anybody taking care of a child with disability who is old enough to go to school, should take the child to school. The school can be a usual or common school where all children go to or a special school if the disability of the child demands that he or she attends such school. If a parent does not take a child to school, he or she will be acting against the law and can go to prison for that.
SECTION 17: Facilities and Equipment in Educational Institution
Schools in each region shall be given facilities which will make it possible for persons with disability to benefit from the school.
SECTION 18: Free Education and Special Schools
Children with disability shall have the right to go to school for free. Special schools shall be provided for persons with disability who cannot attend normal schools solely because of their disability
SECTION 19: Appropriate Training for Basic School Graduate
The Government has a duty to train any person who cannot find work to do two years immediately after completing a basic school. Also, the Government will give training for a person with disability who completes basic school, but cannot continue his formal education to other levels or stages
SECTION 20: Refusal of Admission on Account of Disability
If parents or those taking care of persons with disability, intend to send their ward or child to a normal school, the law does not allow a school officer (i.e. a head teacher, principal, or headmaster / headmistress), etc, to refuse to admit or accept the child simply because of his disability, unless the child has the disability that makes him only able to go to a special school. A school officer who refuses to admit a child into his or her school because of his disability can be sent to prison for up to 3 months
SECTION 21: Special Education in Technical, Vocational and Teacher Training Institute
The Minister of Education shall do his or her best to set up training schools or places where the children with disability will be given education to learn sign language and the use of Braille
SECTION 22: Library Facility
A public library shall have all the facilities or things that will make it easy for persons with disability to use for any purposes.
SECTION 23: Integration of Needs of Persons with Disability
When the relevant Ministries want to make and manage a transportation system, (that is roads, bridges, terminals, etc) they shall remember the needs of persons with disability in the planning, building and managing of the transportation system.
SECTION 24: Importation of Non-Conventional Vehicle
The law wants to make it possible and easier for persons with disability to travel from one place to another. Therefore, the law allows a person with disability to import any vehicle or thing for moving from one place to another, which is best and suitable for persons with disability. Such vehicles brought into the country shall be free from paying import duties and any other tax that people pay for bringing such vehicles into the country. But we must know that such duty- free vehicles cannot be re-exported.
SECTION 25: A Person with Disability as Pedestrian
A motorist shall stop for a person with disability to cross the road if he shows the intention to do so. This can be either at a pedestrian crossing or any point specially made for persons with disability.
SECTION 26: Parking Places for Person with Disability
Parking spaces at public and private places must be specially kept or reserved for vehicles that person with disability drive, and these parking spaces ought to be clearly marked as such.
SECTION 27: Ownership of Driving License
A person may have a hearing disability, yet he or she may qualify to and be given a driving license if he or she passes a driving test and satisfies conditions set down by the Driver and Vehicle Licensing Authority
SECTION 28: Facilities at Port Terminal
Airports and harbours should have special facilities at the port site so that a person with disability can easily and conveniently use the place and facilities there
SECTION 29: Reserved Seats on Vehicles
Because it is not easy for some persons with disability to board or compete to board vehicles, the law says that special seats should be set aside on commercial buses for them to feel comfortable
SECTION 30: Contravention of Section 26 to 29
If a person does not obey the laws in sections 26 and 30, then that person has gone against the law and can be made to pay a fine or go to prison for not more than three (3) months or to both
SECTION 31: Medical Treatment
A person with serious and severe disabilities has the right to be given free general and specialist medical treatment. They will also not pay for other forms of treatment and equipment.
SECTION 32: Training of Health Professionals
In order to help doctors and other health professionals, such as nurses, to know very well the health needs, problems and the situation of persons with disability so that they can care for them better, the law says that these health professionals shall also learn topics on disability and other issues about disability when they are at training.
SECTION 33 & 34: Health Programmes and Periodic Screening of School Children
Also, the Ministry of Education shall include education on disability and matters about disability in educational programmes such as primary health care. In addition, the Ministry of Health will work together with the Ministry of Education to observe or watch school children carefully from time to time so that if any of them show any sign of disability he or she will get early treatment if needed.
SECTION 35: Establishment of Assessment Centers
The Ministry of Health shall work together with the District Assemblies and the Ministry of Social Welfare to put in place centers for mothers and infants to be given check ups from time to time in the districts in order to find out early if they show any signs of disability.
{MISCELLANEOUS PROVISIONS}
SECTION 36: Incentives for Manufactures of Technical Aids and appliances
A person who makes machines in the country, (such as a washing machine) for the use of persons with disability, shall not have to pay tax on such items.
SECTION 37: Derogatory Names
It is not allowed by the law to insult a person with disability by mentioning that particular disability of the person. Any person who commits this offence can be sentence to a prison term of up to 3 months.
SECTION 38: access Sporting Events, Festivals and Cultural Activities
The Ministry of Education and Sports shall work with District Assemblies and the National Commission for Culture to make sure that persons with disability easily get to places where sports and cultural events are taking place, and that they may also take part in those events as far as it is possible.
SECTION 39: Participation in National Activities
In case there is going to be a national, regional or district activity or event, those who plan it shall make sure that persons with disability easily get to enter the place and also use the facilities there.
SECTION 33: Law Enforcement and Persons with Disability
If a law enforcement agency (i.e. the police etc.) arrest or detains a person with disability, they should be aware of and consider his or her disability, and be ready to give special help to him or her. In addition to this, law enforcement agents shall be trained about issues concerning disability.
{ESTABLISHMENT AND FUNCTIONS OF NATIONAL COUNCIL ON PERSONS WITH DISABILITY}
The law says that a National Council on Persons with Disability shall be set up. This Council will advise on, support, and develop strategies and plans to help persons with disability to take part in national development.
SECTION 60: Transitional Provision
Due to the costs involved in changing some of the structures in a building which persons with disability cannot easily use, the law proposes that owners of such buildings, which are for the use of everybody or the public, be given 10 years within which to make the necessary changes to their buildings. Owners of buildings being put up after the coming into force of the law should build the structure in such a way that persons with disability can easily use it immediately.
ALL GHANAIANS SHOULD COME TOGETHER FOR THE IMPLEMENTATION OF THIS LAW
BY EEFSA
GOD BLESS YOU