THE MANILA STATEMENT ON LEGISLATION CONCERNING THE DISABLED IN DEVELOPING COUNTRIES
1. Legislation in developing countries will vary depending upon economic and socio-political conditions and cultural values prevailing, and on the geographical situation, population characteristics, and nature and extent of existing facilities in each country.
2. Any legislative plan should be based on close consideration of :
a. All aspects of the four main fields of the rehabilitation process, namely: educational, medical, social and vocational.
b. The Universal Declaration of Human Rights, the UN Declaration of the Rights of Disabled Persons, and the ILO Recommendation NO.99.
c. The conclusion and recommendations of the First International Conference on Legislation concerning the Disabled held in Rome in 1971.
d. The “Rehabilitation Guidelines for the Future,” representing the consensus of the thinking of the participants in the 12th World Rehabilitation Congress organized by Rehabilitation International and the Australian Council for Rehabilitation of the Disabled in Australia in August, 1972.
e. The recommendations of the Second International Conference on Legislation Concerning the Disabled held in Manila in 1978.
3. Every Developing country should legislate before 1981 (the International Year for Disabled Persons) to ensure the right of access to and the provision of educational, medical, social and vocational services needed to enable all disabled persons to enjoy their rights and develop their full potentials.
The Conference recommends:
1. A national council for the welfare and rehabilitation of the disabled should be established by legislation in each developing country.
a. Such a council should consist of representatives from:
1. Major government departments concerned with all aspects of rehabilitation;
2. Voluntary agencies; and
3. Organizations of persons with disabilities
b. Such councils should be charged, inter-alia, with the following functions:
1. Identifying basic needs of the disabled and any inequalities and discriminatory practices affecting disabled persons in their countries.
2. Producing a rehabilitation plan in which priorities are established, respective roles and responsibilities of the government and private sectors are defined, and adequate methods are provided to insure a coordination of the total effort for the rehabilitation and welfare of disabled persons.
3. Advising the government on all aspects of welfare and rehabilitation of disabled persons.
4. Continuing evaluation of the effectiveness, based on cost benefits and other criteria and of other values of services provided.
2. The creation by Rehabilitation International of regional legal panels to formulate basic principles of legislation concerning the disabled.
3. The establishment of national advisory legal panels to assist governments on all legal aspects in relation to the survey of needs of the disabled, the planning and coordination of services, and in the drafting of appropriate legislative measures for the rehabilitation and welfare of the disabled.
4. A prerequisite for any legislative plan is to ascertain, by voluntary registration, by means of census taking or otherwise, the nature and extent of the disability problem.
5. The recognition of the integration of the disabled as self-reliant and self-actualizing persons in the community as the ultimate goal of services for the rehabilitation and welfare of the disabled. Towards this goal, the following measures are highly desirable:
a. Integration in general legislation of provisions for the rehabilitation and welfare of the disabled;
b. Inclusion of a long range national plan for the disable in the national socio-economic development plans of the country;
c. Assurance of access to the mainstream of governmental and non-governmental services in addition to special services to enable the disabled fully to avail themselves of all political, economic and social opportunities.
d. The maximum participation of the disabled in policy formulation, decision-making, and implementation of national plans of action in order to ensure that the basic needs of the disabled are reflected in all relevant programs and that such programs receive their full support and cooperation.
e. Legislation should provide the appropriate climate and incentives for the cooperation of and maximum participation of non-governmental organizations, as well as business and commercial enterprises, in the planning and implementation of the country’s national plan of action for the rehabilitation and welfare of the disabled.
6. Wherever practicable rehabilitation services should be community-based and, through domiciliary care, day-care services and other facilities, should enable the family member with a disability to continue to live in his or her home and community environment rather than in an institution.
7. Legislations should set up viable structures create linkages, and provide adequate resources to insure and facilitate the delivery of services for the disabled in the rural areas.
8. Legislation should provide adequate funds and trained personnel to assure that the service delivery network includes facilities for the early identification and adequate assessment of disability.
9. Legislation should include adequate provision for the financing of comprehensive rehabilitation services and other facilities needed by disabled persons, including educational, medical, social and vocational assistance; personal assistance; prostheses, orthoses and technical aids, housing and transportation.
10. Legislation should include:
a. A public education component designed to bring about greater public awareness, acceptance, and understanding of the disabled. It should focus particularly on school curricula and the employment market.
b. A mechanism for adequate interpretation and dissemination of the same, using all media available, and emphasizing community participation.
11. The disabled should have the right to the same level of education as that provided for the general population.
a. They should be provided with additional facilities including early assessment to achieve the same.
b. These services should be based on a continuum and include academic, technical, and vocational opportunities.
c. Legislation should ensure that an important objective of education is job placement or, alternatively, assurance that those with disabilities may lead as full and useful lives as possible. Wherever practicable, those with disabilities should not be segregated from the general student group in the educational process.
d. Legislation should ensure an adequate preparation and training of all teachers and other supporting personnel in the requirements of special education to insure a proper understanding of the disabled child.
12. Legislation should ensure appropriate training of disabled persons to increase their chances of employment.
13. Legislation should encourage and facilitate the placement of disabled persons, as appropriate, in open, semi-competitive, sheltered, home-bound and self-employment. Employers should be encouraged to facilitate the employment of persons with disabilities in open employment and, to that end, to make the necessary adaptation of the working place, machines and equipment.
14. Legislation should provide adequate rehabilitation counseling services and follow-up programs for all disabled persons.
15. Legislation should provide that all public and private buildings are free of architectural barriers, and that public transportation and recreational and social facilities used by the public be fully accessible to disabled persons.
16. Information concerning measures for accessibility for the disabled should be included in university curricula for architects and environmental planners. The same should be circulated among professional groups engaged in similar works.
17. Adequate transport facilities should be provided for all persons with disabilities to enable them to get to their work places and to social and recreation facilities.
18. Rehabilitation International, with the help of its International Commission on Technical Aids, Housing and Transportation (ICTA), should prepare a comprehensive booklet on the needs of the disabled in connection with all forms of transport including international airlines, so that national committees may use this in developing better transport facilities in their own countries.
19. Legislation is recommended to grant incentives such as exemptions or deductions to manufacturers of technical aids and transport equipment, and to manufacturers and builders who adapt their designs or equipment for the use of the disabled.
20. Orthotic and prosthetic aids and equipment should be free or made available at minimum cost. Such aids and equipments should be tax exempt and duty-free.
21. Legislation should insure that all relevant departments of government give high priority to activities which result in the prevention of disability, in particular:
a. Providing primary health services to meet the basic health needs of all the population, especially those living in rural areas; giving priority to mother and child care; and emphasizing immunization schemes, making immunization compulsory in areas where mortality and morbidity rates are high due to preventable diseases.
b. Encouraging community participation in basic health services delivery.
c. Including subjects related to disability prevention in the curricula of medical, nursing, social work and allied medical and other courses.
d. Assuring the financing of services, either directly by the government or through insurance coverage, to prevent permanent disabilities resulting from accidents or other injuries suffered by either self-employed or employed workers.
22. Adequate standards for training of professional, technical and auxiliary personnel working in the field of rehabilitation.
23. Legislation should be enacted to oblige social security agencies to ensure that research and follow-up action be a part of their programs for rehabilitation of the disabled and that the results of any such actions be applied and disseminated to improve the conditions of the disabled.
24. Legislation should include measures to prevent exploitation of persons with disabilities, particularly begging and other public exploitation of children with disabilities.
25. Legislation should provide for the conduct of research projects dealing with the principal aspects of disability and its prevention and rehabilitation in each country.
26. Drug dependence and addiction is a functional disability and all those afflicted thereby should be looked upon as persons with disabilities,\.
a. The legislative measures in developing countries in regard to the welfare and rehabilitation of the disabled should deal with drug dependence and addiction and should be focused on peers, parents, the community and the youth services system. Such legislation should provide for comprehensive treatment, welfare and rehabilitation programs.
b. Legislation should encourage participation by non-governmental agencies in the solution of drug-related problems.
c. Those planning legislation should give consideration to the importance of epidemiological studies based on reports from hospital emergency centres, statistics in relations to apprehensions and convictions and contacts by private practitioners; to the provision of social services aids; and to the advisability of national registration of drug dependent persons.
d. National legislation should respond to the requirements of international treaties such as the 1972 Convention on Psychotropic substance. The drug abuse problem is an international problem and in the light of the comments that drug abuse knows no boundaries, compliance with international treaties will discourage the spread of drug abuse
e. Legislation to properly control and monitor the distribution of prohibited drugs should be initiated. Such legislation should embrace the manufacture, import, and export of such drugs.
f. In planning drug legislation the developing countries should consider the need for a central national coordination and policy body.