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Chapter 1 - Evalutaion of Effectiveness RA 10070
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    A COMPARATIVE STUDY ON THE EVALUATION OF THE IMPLEMENTATION OF R.A. 10070  —  THE AMENDMENT OF THE MAGNA CARTA FOR DISABLED PERSONS  —  IN THE LOCALES OF QUEZON CITY AND DASMARINAS, CAVITE Cristobal, Ayla Monicca C. Enriquez, Anne Laurice I. Plopinio, Hannah Georgia F.  CHAPTER 1 I.   BACKGROUND OF THE STUDY 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, and as said by Donoghue, are often denied opportunities to participate in public domains or to politically organize (2013). More often than not policies are developed  for   them, instead of  policies that encourage their direct participation (Braddock & Parish, 2001; Garcia- Iriarte et al., 2008, as cited in Harris et al.). Thus leads to the feeling of less self-efficacy, and the belief that they do not have the capacity to impact the political system (  Ibid. ). 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 servant (Barnartt et al., 2001 as cited in Harris et al.). According to the World Health Organization, about 15% of the world‟s population—  or an estimated number of 650 million people  —  have disabilities, and one in every six people in  poverty areas are affected by moderate or severe disability. Given that “dis ability 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. Back in the late 1970s, disability was accompanied by the notion that disabled people wanted to be „normal,‟ hence the focus should be at a „cure‟ to ameliorate  any and all kinds of impairment (Lang, 2009). In order to counter the medical model was the social model  —  it  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 groups are in a position to exercise their inherent rights (  Ibid. ).” 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. In 1993, the UN had the Standard Rules on the Equalization of Opportunities for Persons with Disabilities . The Standard Rules did delineate the areas where an emphasis on equal opportunities was needed  —which included “provision for access to affordable services including education, employment, medical care and support services”—   but did not impose sanctions to signatories of the UN that did not choose to comply. Therefore, the existence of a legally-binding international treaty became necessary. While the UN has had initial involvements in the cause to call for the rights of persons with disabilities, the formation of the United Nations‟ Convention on the Rights of Persons with Disabilities in 2008 became the “first legally -binding international instrument” that enables those that are within the disabili ty sector to hold their respective governments accountable for the promotion and implementation of disability rights (  Ibid. ). Article 1 of the Convention on the Rights of Persons with Disabilities says that: The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with  disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective  participation in society on an equal basis with others. It is important to note that the UN Convention does not aim to establish new rights for the disabled, but to reiterate and explain in greater detail rights that apply to persons with disabilities  —  rights that are already existent in previous human rights treaties (Lang, 2009). 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, also coined as the Magna Carta for Persons with Disabilities  —“an 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”—  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 RA 7277 came about  —Republic Act 10070: “an act establishing an institutional mechanism to ensure the implementation of programs and services for persons with disabilities….” 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. RA 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.
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