MAGNA CARTA FOR DISABLED PERSONSIN 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 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. 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 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 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 neededwhich included provision for access to affordable services including education, employment, medical care and support servicesbut 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 disability 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 disabilitiesrights 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 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 purposeswas 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 aboutRepublic 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. Along with the amendments made in RA 10070 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, RA 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. In relation to this, recent statistics released by the National Statistics Office show that of the 92.1 household population of the country, 1.57% had disabilities, Region IV-A being the region with the highest number of PWDs amounting to 193 thousand PWDs followed by NCR with 167 thousand PWDs (CPH, 2010). These figures are vital in the evaluation of the proper implementation of RA 10070, for the reason that local government units may have varied perspectives as to how they must carry out plans and projects that cater to the needs of PWDs, especially larger cities with denser populations. In order to assess the effectiveness of local government units that operate within a bigger arena, the researchers take into account the city of Dasmarinas from Region IV-A and Quezon City from NCR. Persons with disabilities face day-to-day challenges that may come in all aspectsproblems with employment, public transportation, private establishments like restaurants, malls, schools, etc. Moreover, PWDs are entitled to as much political voice as every other person, thus it is important that they be represented if not be direct participants in decision- making processes especially in policies that concern their well-being. How the local government units of these two cities take part in supporting the persons with disabilities may provide an insight of the PWD sectors level of integration into the mainstream society. It is important to realize the proper implementation of legislations such as RA 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 long-observed 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 responsibilities (Lewis, 2010). Lastly, the integration of the disabled sector in contemporary society shall assure future generations that the same cycle of marginalization shall endure no longer.
II. RESEARCH PROBLEM FOCUSING QUESTION: How do the local government units of Dasmarinas and Quezon City implement RA 10070 and which aspects do these both locales agree and differ in terms of the implementation of the law? SUBORDINATE QUESTIONS: 1. How do the local government units carry out efforts in integrating the handicap in mainstream society? 2. How does the local government provide benefits for the disabled? 3. What were the set of projects that were implemented during 2010-2013 in Dasmarinas and Quezon City? III. SIGNIFICANCE OF THE STUDY The capacitating and inclusion of PWDs into the mainstream society was assured by the Philippine government through the way of stressing the significance of their rehabilitation, self- development, and self-reliance as stipulated in the constitution and the Magna Carta for the Disabled Persons. The researchers believed that the handicapped are also members of the civil society, hence they may contribute as much as everyone else should they be provided proper care and rehabilitation. One of the primary goals of this study is to present and provide additional knowledge and information not only to PWDs but also to the whole citizenry. This will also serve as a leeway towards more opportunities for future researches and discussions with regard to the role of the government on the promotion of the rights and empowerment of PWDs in the mainstream society. The study will also serve as a guide for some PWDs who are not familiar with their rights, benefits, and programs provided by their local government units. Moreover, students of Political Science may also use this study as an additional resource who wishes to continue to explore the political phenomena of any given factor of the society that affect the political realm. A lot of people in the society today tend to discriminate and misunderstand PWDs, therefore arising different notions and misconceptions about them. Consequently, aside from the study on the implementation of R.A. 10070, the Amendment of Magna Carta for Disabled Persons, this research also aims to promote the rights of the PWDs in the civil society and to correct common misconceptions of the people with regard to the handicapped. As students of Political Science, this study is relevant and timely not only for the benefit of the PWD sector, but also to the whole community, which is currently in the midst of unfamiliarity whether such law is implemented properly by the respective local government units concerning the said republic act and all provisions and the institution it mandates. Furthermore, the significance of the two cities used by the researchers in the study is that according to the 2010 statistics on the persons with disabilities in the Philippines, they belong to the top two regions with the highest number of household population with disability, which have an existing organization known as Persons with Disability Affairs Office (PDAO) as directed in R.A. 10070. Moreover, this study also contributes to areas wherein it may involve the researchers own preferences or predilections without leaving the field of politics. Although much is known about the pertinent benefits received by the PWDs, there are still some who are not largely familiar with regard to these significant matters, given the fact that the disabled minority may have as much as potential as the people in the mainstream society. In line with this, the government specifically the local government unitsplay an important role in promoting the rights of the PWDs and their inclusion into the mainstream society. Additionally, the literaturebooks, researches, and resourcesto this study is somewhat limited since there are not much studies or researches made regarding in the field of topic chosen by the researchers, hence this study will also contribute to additional literature for other researchers for future studies. IV. SCOPE AND LIMITATIONS OF THE STUDY This part of the study shall identify the coverage of the topic and the exclusions it will have. In addition, the weaknesses of the study and the researchers will be recognized as there might be numerous factors which can affect the undertaking of the study, hence causing constraints to its conduction. This study is conducted to determine in which aspects do Dasmarias, Cavite and Quezon City agree and differ in terms of the implementation of R.A. 10070, better known as The Amendment of the Magna Carta for Disabled Persons. The subject matter shall only concern the said republic act and all provisions and the institution it mandates. R.A. 10070 directs the local government units to establish organizations in their territorial jurisdictions which seek to manage and oversee all operations regarding persons with disabilities (PWDs). The organization is known as Persons with Disability Affairs Office (PDAO). The researchers have assured that there exist these offices in their selected locales. The study will not cover any other cities and municipalities besides that of Dasmarias and Quezon City. Also, further discussions as regards the amended Republic Act No. 7277 will not be substantiated with exceptions to the stated carrying out of its objectives in Section 4 of R.A. 10070. The scope of this research will only include the said municipalities of Dasmarias and Quezon City and their respective local government units which established the PDAO. The offices shall be questioned as to how the PWDs in their territorial jurisdictions have the benefit and use of their programs. The studys time frame starts in 2010 as it was in that year which the PDAO was approved. The study shall only further up to 2013 as the LGUs would not have records of 2014 projects and programs yet. LGU activities concerning R.A. 10070 which took place in the years prior to 2010 will not be taken up in this research. The researchers took interest in this topic because of their belief that the disabled minority may have as much potential as the people in the mainstream society. Help and assistance in integrating the PWDs into mainstream society should be given attention to especially because it enriches the nations human capital which translates to possible development. Furthermore, a few issues regarding the discrimination of PWDs with regard to the standards of some private establishments have come to the researchers attention. Due to the researchers limited monetary supply, resource gathering might also come short as getting information can get costly. There might also be confidential information which the LGUs or PDAO will fail to provide, however, the researchers will try to gather as much data as they could. The locales of the study are also quite distant to the residence of the researchers hence the trips might limit the time of data gathering to be held. Due to some inconveniences, the researchers may only give the locales a few visits to get information.