Law

Draft of Law
on
Right of People with Disabilities

On behalf of Cambodian Disabled People's Organization (CDPO) is a representative of People with Disabilities (PWDs) voices, aim to post on The Draft Law of PWDs that re-draft. Those are the evidence of the draft to conduct Organizations or Institutions to be known clearly over the disabled people rights. It was corporate from CDPO, JICA, MOSAVY, and corrected by DAC.

The Draft of Legislation was established thirteen Chapter and seventy Article. All the Chapter and Article appear above:

CHAPTER I
GENERAL PROVISIONS

ARTICLE 1:
The purpose of this law is to strengthen and protect the rights and interests of people with disabilities, and to abolish the discriminations, and to guarantee their full and equal participation in all activities in society.

ARTICLE 2:
A person with disability is any citizen who lacks any physical organ or capacity or suffers any mental impairment, which causes decent restriction on his/her daily life or activities such as loss of limbs, quadriplegia, visual or hearing impairment or mental handicap etc., and obtains a certified document issued by Ministry responsible for Health.

The criteria of types and levels of disability shall be defined by a sub-decree.

The Ministry responsible for Health shall issue the above-certified document free of charge. The procedure for issuing the above-certified document shall be defined in a PRAKAS of the Ministry responsible for Health.

ARTICLE 3:
People with Disabilities are fully entitled to exercise their rights as citizens guaranteed by the constitution and other international laws which are ratified by the Kingdom of Cambodia such as the rights to live, rights to access to health care services, rights to mobility, rights to access to education, rights to work, rights to politics and of access to other private and public services.

ARTICLE 4:
People with Disabilities and their families shall be invited to participate in the planning and implementing of programs concerning to their interests. All people with disabilities' needs shall be included in implementing programs to the greatest extent possible.

ARTICLE 5:
The Royal Government shall raise public awareness and understanding of disability in order to strengthen solidarity, mutual understanding and respect the rights of people with disabilities.

ARTICLE 6:
Cambodian Day for the Disabled Persons shall be established for promoting public awareness on welfare of people with disabilities and encouraging people with disabilities to participate in economical, social, cultural and other activities.

Cambodian Day for the Disabled Persons shall be conducted jointly with International Day of the Disabled Persons on December 3 every year.

Ministry responsible for Rehabilitation and Disability has the duty to organise the event.

ARTICLE 7:
National Paralympic Committee of Cambodia shall organise Cambodian Handi-Sports Day once a year.

CHAPTER II
QUALITY OF LIFE

ARTICLE 8:
The Royal Government shall give due attention to improve living conditions of people with disabilities, including food, clothes and places; and the provision healthy atmosphere to live.

ARTICLE 9:
The Royal Government shall take necessary measures to encourage citizen, philanthropists, and social organisations to provide support to people with disabilities, especially whose who with severe disabilities and are poorest and helpless in society.

ARTICLE 10:
The Royal Government shall have annual budget to support people with disabilities:

Those who with severe disabilities, and who are poorest and helpless
Who are elderly, poorest and helpless
Who meet serious accident

The Royal Government shall encourage integrating people with disabilities into community. The programmes for the integration shall be defined by the PRAKAS of the Ministry responsible for Rehabilitation and Disability and the concerned Ministries.

ARTICLE 11:
The Royal Government shall prepare social security pension for people with disabilities whose disabilities are severe, and who are poorest and helpless.

ARTICLE 12:
Parents and persons who are responsible for people with disabilities shall:

Protect the rights and the interests of people with disabilities;
Take a good care of people with disabilities;
Encourage and assist people with disabilities to have a good hope in their life;

Carelessness of, to exploit, and to abandon, people with disabilities are prohibited.

CHAPTER III
REHABILITATION, HEALTH, AND PREVENTION OF DISABILITY

ARTICLE 13:
The Ministry responsible for Rehabilitation and Disability, shall organise physical and mental rehabilitation programs to assist people with disabilities to perform a full range of employment functions and social activities in equality with, or similar to non-disabled people, and to enable them to use their capacities and talents in their daily lives.

ARTICLE 14:
The Ministry responsible for Rehabilitation and Disability shall establish and encourage private entities to establish workshops or physical and mental rehabilitation centres to ensure rehabilitation services to people with disabilities.

ARTICLE 15:
The Ministry responsible for Rehabilitation and Disability shall establish:

Training School for the technician of assertive devices
Component factories

to ensure the needs of rehabilitation centres in providing assertive devices to people with disabilities.

ARTICLE 16:
The Ministry responsible for Health, in conjunction with the Ministry responsible for Rehabilitation and Disability shall expand physical and mental therapy training programme to the technical schools of medical care; and shall make physical and mental therapy available in all hospitals in order to prevent patients from being disabled.

ARTICLE 17:
The Ministry responsible for Rehabilitation and Disability in conjunction with the Ministry responsible for Health shall assist in training families� members and volunteers on care and rehabilitation techniques needs for specific type of disability to enable families rehabilitating of physical and mental of people with disabilities.

ARTICLE 18:
The Ministry responsible for Rehabilitation and Disability and Ministry responsible for Health shall expand community rehabilitation services, outpatient consultation services and treatment services for physically and mentally impaired persons.

ARTICLE 19:
The Royal Government shall implement comprehensive Disability Prevention Program, available to every citizen through provision of:

Medical care during childbirth, together with pre and postnatal care;
Timely follow-up and early detection of any diagnosis of disability;
Prevention of disability by immunisation;
Adequate nutrition especially for growing children;
Education programs which raise awareness to prevent the causes of disability;
Timely medical treatment and rehabilitation etc.

ARTICLE 20:
The Royal Government shall assist in health care and treatment services to the people with disabilities whose disabilities are serious or who are poor and helpless.

CHAPTER IV
PUBLIC ACCESS

ARTICLE 21:
The term "Public Places" in this law means areas, buildings, premises and transportation means owned by state, public or private entities which are open to general public such as ministries, departments, institutions, roads, resorts, cultural centres, sporting places, recreational places, educational establishment, hotels, hospitals, health centres, restaurants, transportation systems, etc.

ARTICLE 22:
Any public places being constructed or to be constructed shall be provided accessible facilities to the people with all kinds of disabilities such as ramps, accessory hand rails and signs etc.

ARTICLE 23:
Any public places which already constructed before this legislation comes into force, and not yet equipped with the facilities as stated in the Article 22 shall be prepared a plan to be renewed, so that they are accessible to people with disabilities. The requirement to alter public places shall not be excused unless employers or owners of such public places can demonstrate that there are structurally impracticable or can only be made at extreme expenses.

ARTICLE 24:
Concerned competence ministries shall collaborate in giving licences to construction plans and inspecting of construction of public places to ensure the accessibility appropriateness for people with disabilities as stated in Article 22.

ARTICLE 25:
Instructions/Guidelines on accessibility of people with disabilities as stated in Article 22, 23 and 24 shall be defined by the PRAKAS of competence ministries.

ARTICLE 26:
A person with disability has the right to acquire a driver license. The capacity to operate drive as well as the type of vehicles for people with disabilities shall be defined by the joint PRAKAS of the Ministry responsible for Health and Ministry responsible for Public Works and Transports.

ARTICLE 27:
The Ministry responsible for Public Works and Transports shall issue a disability sign card to people with disabilities who operate vehicle. A person with disability who operates vehicle can display the sign card in his/her vehicle visible to others. A person with disability shall display this sign card in his/her vehicle when he/she parks at the parking lot for people with disabilities.

ARTICLE 28:
The Ministry responsible for Public Works and Transports shall issue the PRAKAS to reserve parking lots for people with disabilities in public and private parks.

CHAPTER V
EDUCATION

ARTICLE 29:
The term "Educational Institute" in this law means any state and public or private school that is authorised by the government to offer educating and training to students of any age. This term include from kindergarten upward.

ARTICLE 30:
"Qualified Student with Disability" in this law means a person with disability of any age who intends to study, is studying and continues to study, and can perform the programs of study offered by educational institutions with Reasonable accommodation includes such as:

Teaching rooms and educational places;
Educational methodology and pedagogy in synchronous with disabilities;
Study materials or other equipment to assist students with disabilities;
Training and teaching materials for teachers and professors to enable them to assist individual disabled students as their needs arise.

and other reasonable accommodations which will be facilitated to meet the needs of individual student with disability.

ARTICLE 31:
Qualified student with disability has the right to study in any educational institutions or to obtain scholarship awards unless there are any reasonable provisions stipulated in differences.

ARTICLE 32:
The Ministry responsible for Education shall pay attention, especially, to the needs of education of student with disabilities.

Qualified student with disability from poor family shall be offered free of charge for studying in state and public educational institutions.

The private school shall discount for studying of student with disabilities. All books and stationery of educational institutes shall be discounted for students with disabilities.

ARTICLE 33:
The Ministry responsible for Education shall include in general education programs the awareness on the causes of disability, prevention, and the values of the people with disabilities etc.

The Ministry responsible for Education shall have pedagogical program to train teachers and professors to realise knowledge on disability and teaching methodology to teach students with disabilities.

ARTICLE 34:
The Ministry responsible for Education shall establish national policy and strategy to educate student with disabilities such as:

Promoting inclusive education to the utmost extent;
Establishing special education to respond to the needs of students with disabilities.

CHAPTER VI
EMPLOYMENT AND VOCATIONAL TRAINING

ARTICLE 35:
"Qualified Person with Disability" in this law means a person with disability who has capacity to perform positions, duties, and responsibilities in the functions in which such person holds and wishes to hold.

ARTICLE 36:
"Employee" in this law means a person with disability who signs employment contract with an employer, and who works under the supervision of that employer or his/her representative as defined in labour law and co-statute of civil servants.

"Employer" in this law means natural person or legal person, state, public or private, who employs employee(s) to work as defined in labour law and co-statute of civil servants.

ARTICLE 37:
Qualified Person with Disability has the right to work without any discrimination, in all aspects, including apprenticeship and internship.

The discrimination aims to any circumstances such as application for employment, acceptance salary, rank promotion, job termination, compensation, training and other conditions.

ARTICLE 38:
An employer, who employs more than a certain number of full-time employees, shall employ appropriate percentage of full-time disabled employees.

ARTICLE 39:
An employer shall make a declaration periodically on the number of full-time employees and full-time disabled employees to the Ministry responsible for Rehabilitation and Disability and the Ministry responsible for Labour.

ARTICLE 40:
An employer, who does not fulfil the provision of Article38, shall pay a contribution to the People with Disabilities' Fund.

ARTICLE 41:
Ministry responsible for Rehabilitation and Disability and the Ministry responsible for Labour shall issue a joint PRAKAS to ensure the implementation of articles 38, 39, and 40.

ARTICLE 42:
An employer shall provide reasonable accommodation to qualified people with disabilities, whether they are applicants, employees, apprentices or interns, unless such reasonable accommodation causes undue burden to employer.

ARTICLE 43:
"Reasonable Accommodation� in this law refers to:

Making existing facilities at the workplace, or changing equipment or devices to make them accessible by people with disabilities.
Job restructuring, work scheduling, modification of comfortable examinations through development of policies to provide services and other similar accommodations for people with disabilities.

"Undue burden" in this law refers to the reasonable accommodation that cannot be carried out due to significant difficulty or expense. In determining whether what measure would cause undue burden, the following factors shall be considered:

The cost of measure to be taken
The financial resources and total value of the facilities
The nature and number of employees, apprentices or interns, premises, the effect or impact which may be the results of accommodations.

ARTICLE 44:
Vocational Training Institutions of state, public or private entities shall accept to provide training to qualified people with disabilities.

ARTICLE 45:
Vocational Training Institutions of state, public or private entities shall provide reasonable accommodation to qualified person with disabilities who is applicant, trainee or intern, unless such accommodation causes undue burden.

ARTICLE 46:
Vocational Training Institutions of state, public or private entities shall have detailed training curriculum in writing to disseminate to people with disabilities well in advance. Such curriculum shall be considered, as testimony of responsibility and essential duty required by the training programs.

CHAPTER VII
INCENTIVE PROGRAM

ARTICLE 47:
The Royal Government shall establish incentive program to the own, family or collective occupation of people with disabilities through tax reduction and provision of other priorities.

The above incentive program shall be defined by PRAKAS of Ministry responsible for Rehabilitation and Disability and Ministry responsible for Economic and Finance.

ARTICLE 48:
The Royal Government shall establish program to provide tax reductions and other incentives to the employer who employ appropriate percentage or over appropriate percentage of people with disabilities as stated in Chapter 6 of this law.

The level of above incentive program and other incentives shall be defined by the Sub-Decree.

ARTICLE 49:
The Ministry responsible for Rehabilitation and Disability, Ministry responsible for Economic and Finance, and concerned Institutions shall broadly disseminate incentive program to investors and employers.

ARTICLE 50:
The Ministry responsible for Rehabilitation and Disability, Ministry responsible foe Economic and Finance, and concerned Institutions shall jointly collaborate in following-up and monitoring the implementation of this incentive program.

CHAPTER VIII
ELECTIONS

ARTICLE 51:
No one because of disability shall be denied the right to vote or to be selected because of that person has disability.

ARTICLE 52:
The National Election Committee shall take appropriate measures to enable people with disabilities to access to vote.

ARTICLE 53:
The National Election Committee, Ministries, concerned Institutions and Organisations shall jointly collaborate in preparing program to raise awareness of the right of people with disabilities to vote broadly.

The program related to election shall include:

The right of people with disabilities to vote;
The right to choose an assistant;
Procedure and form of fulfilling agreement between voter with disabilities and assistant prior to entering voting booth;
Appropriate measures and making possible for voting of people with disabilities.

CHAPTER IX
DISABILITY ACTION COUNCIL

ARTICLE 54:
To establish a Disability Action Council with the abbreviation "DAC� is a national co-ordinating mechanism to provide advisory to the Royal Government on disability issues.

ARTICLE 55:
The DAC has responsibilities as follows:

To provide advisory on disability and rehabilitation issue
To collaborate with the Royal Government and related organisations in preparing policies, national plans and strategies related to disability and rehabilitation.
To promote the implementation of policies, laws and other regulations related to disability and rehabilitation.
To provide recommendation for the Royal Government to change, to add or to amend on policies, laws and other regulations.
To collaborate, monitor and evaluate the implementation of policies, laws, national plans and other regulations.

ARTICLE 56:
DAC is governed by Board compose representative from relevant ministries, representative from disabled people organisations, and representative from other organisations as members.

The functioning and implementation of DAC shall be defined by a Sub-Decree.

CHAPTER X
PEOPLE WITH DISABILITIES' FUND

ARTICLE 57:
People with Disabilities' Fund shall be established with the following purposes:

To provide fund for implementing programs which assist people with disabilities and to support to institutions and establishments which provide services to people with disabilities including health, education, rehabilitation, vocational training and job placement.
To enhance and increase welfare of people with disabilities, especially:
- The poor people with disabilities who have not received rehabilitation services
- The poor family of people with disabilities who are dependent on person with disability
- The poor people with disabilities who have received rehabilitation services or people with disabilities who have skills but have no employment yet
To provide credits for reasonable accommodation.

ARTICLE 58:
People with Disabilities' Fund is a public enterprise, which shall be established by Sub-Decree.

ARTICLE 59:
Sources of income of the People with Disabilities' Fund come from the donation from the Royal Government, institutions, philanthropists and contribution stipulated in Article 40 of this law.

CHAPTER XI
DISABILITY RIGHTS ADMINISTRATION

ARTICLE 60:
The Disability Rights Administration is a unit of Ministry responsible for Rehabilitation and Disability, and is responsible for preparing, implementing, co-ordinating, supervising, and evaluating national disability rights policy. Particularly within the realms of public administration, it is a tool for formulating and enforcing legislation in order for this policy to be realised.

ARTICLE 61:
Disability Rights Administration provides advisory to people with disabilities, public institutions and related NGOs to uphold the collaboration and co-operation in order to strengthen the effective implementation of this law.

ARTICLE 62:
Disability Rights Administration provides mediation and reconciliation services, and settles other disputes, which occurred to the people with disabilities.

ARTICLE 63:
Disability Rights Administration shall have Disability Database Unit and Unit of Inspection and Mediation.

ARTICLE 64:
Disability Rights Administration shall disseminate the contents of this law as well as laws and other regulations related to disability broadly.

ARTICLE 65:
The functioning and processing of Disability Rights Administration shall be defined by the PRAKAS of the Ministry responsible for Rehabilitation and Disability.

CHAPTER XII
PUNISHMENT

ARTICLE 66:
Those guilty of violating the provisions of the Article 32-paragraph 3 and 4, Article 39, 42 and 45 are liable to a fine of 100.000 riels to 500.000 riels.

ARTICLE 67:
Those guilty of violating the provisions of the Articles 22, 23, 37, 38 and 40 are liable to a fine of 500.001 riels to 2.000.000 riels or to imprisonment of six days to three months or both.

ARTICLE 68:
When there are several infractions, which are liable to the same penalty by virtue of this law, fines must be proportional to the number of infractions. However, the total amount find cannot exceed five times the maximum rate of fines.

This rule applies particularly when several workers are employed under conditions contrary to this law.

Fines imposed in the event of subsequent offences are tripled.

ARTICLE 69:
Anyone who prevents or attempts to prevent the Disability Rights Inspectors from carrying out their functions or from exercising their powers, is liable to a fine of 500.001riel to 2.000.000riel or to imprisonment of six days to three months or both.

CHAPTER XIII
FINAL PROVISION

ARTICLE 70:
Any legal provisions contradict to this law shall be abrogated.

This law has been adopted by the
National Assembly of the Kingdom of Cambodia
on ��.. at .... Session of 3rd term.

Phnom Penh, ��.200X
President of National Assembly