THE 20TH City Council on Tuesday approved the ordinance recognizing the rights of persons with disability (PWD), granting privileges, benefits, and protection from discrimination, and providing corresponding penalties.
In an earlier interview, proponent Councilor Enzo Villafuerte, committee chair on civil, political and human rights, said the ordinance will expand PWD rights as stated in national law, tailor-fit to the needs of PWDs in the city.
Article II of the ordinance provides the rights of a person with disability in employment, education, health, assembly, mobility, civil and political, and travel.
The employment rights of PWD are subject to the Labor Code as amended.
At least one percent (1%) of all positions in all government agencies, offices, or corporations shall be reserved for PWDs.
For private corporations with more than 100 employees, they are encouraged to reserve at least one percent of all positions for PWD as provided in the Republic Act 10524.
This includes all positions from plantilla, casual, emergency, contractual, and job order.
In the event that no qualified PWD applies for the available position, the concerned office or agency has the option to hire non-PWD applicants. Private entities employing Persons with Disability shall be entitled to incentives as stated under Section 8 (a) and (b) of Republic Act No. 7277, and will be awarded a seal of compliance or a commendation by the City and recognized as a PWD-friendly institution.
The ordinance also recognizes the PWD rights to education; hence, all learning institutions should not deny admission to PWDs, and should consider them in terms of construction, school facilities, among others.
The city will provide financial assistance to economically challenged but deserving PWD students who want to pursue post-secondary or tertiary education in the form of scholarship grants, student loans, subsidies, among others.
To provide support for the visually impaired, hearing impaired, and other types of exceptional children, the ordinance mandates that the city’s public schools establish special education classes.
Institutions that provide scholarships to PWD will be entitled to incentives, a seal of compliance or commendation, and recognition by the city.
The ordinance also stated that every building and facility constructed in the city shall ensure a barrier-free environment that will enable PWD to have access to public and private buildings, establishments, and other places mentioned.
Parking spaces, ramps, elevators, building facilities, and utilities should be compliant with the provisions of Batas Pambansa Bilang 344.
It also stated that every public utility vehicle should have at least two seats dedicated to PWDs.
Privileges for PWDs include additional cash incentives for para-athletes who will represent the city of Davao in sports competitions, may it be national or international.
PWDs who will join national conventions, seminars, training, etc., on behalf of the city are also entitled to cash assistance.
Article IV specifically states that discrimination against PWDs is prohibited.
Any person who commits acts of denigration, vilification, or public ridicule against PWD will be fined P1,000 for the first offense; P3,000 for the second offense; and a fine of P5,000 or one month imprisonment, or both at the discretion of the court for the third and succeeding offense.
An individual possessing any falsified PWD ID shall be fined P1,000-P5,000 and/or one month imprisonment, or both at the discretion of the court.
