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Government Implementation of
the Standard Rules
As Seen By Member Organizations of
Inclusion International - ILSMH
Madagascar
Download 'ILSMH Reports on the UN Standard Rules' as a PDF file (258 KB)
© Dimitris Michailakis 1997Association des Parents et Amis des Jeunes Handicapes Mentaux de Madagascar, Madagascar
Compare with the following Country Report(s): the Madagascar Government, ILSMH (Association des Amis et Parents d'Enfants Handicapes Mentaux de Madagascar)
General policyThe officially recognized disability policy is expressed in policy adopted by NGOs and in the national policy in favour of persons with disabilities. The emphasis in this policy is on prevention, rehabilitation, anti-discrimination law and accessibility measures. According to the Government disability policy is under the process of elaboration.
Since the adoption of the Rules the government has taken measures in order to convey the message of full participation.
LegislationThe rights of persons with disabilities are protected by a combination of special legislation, exclusively dealing with disability matters and general legislation applicable to all citizens. The judicial mechanism available to protect the rights of persons with disabilities is due process (legal remedy through the courts) while the non-judicial is a governmental body (administrative).
General legislation applies to persons with different disabilities with respect to education, employment, the right to marriage, political rights and to property rights. According to the Government, general legislation does not apply with respect to property rights. The following benefits are guaranteed by law to persons with disabilities: training, rehabilitation and counselling, employment, independent living. According to the Government the benefit to employment is not guaranteed by law to persons with disabilities, but on the other hand the benefits of health and medical care as well as of participation in decisions affecting themselves are guaranteed by law.
No new legislation concerning disability has been enacted since the adoption of the Rules. According to the Government, new legislation concerning disability has been enacted since the adoption of the Rules.
AccessibilityThere are rules to ensure accessibility of the built environment requiring that public places are made accessible. According to the Government, there are no rules to ensure accessibility of the built environment. No responsible body exists to ensure accessibility in the built environment. The only measure which has been promoted by the government in order to facilitate accessibility in the built environment is the ensuring of access in public places. According to the Government, no measures have been promoted to facilitate accessibility in the built environment. There are no special transport arrangements for persons with disabilities. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, economic/budgetary factors, technical factors, lack of legislation and regulations, lack of planning and design capacity, lack of knowledge, research and information, lack of user participation, lack of co-operation from other organizations/institutions and lack of enforcement mechanism. There is no disability awareness component incorporated in the training of planners, architects and construction engineers.
Sign language has no officially recognized status, is not used as the first language in education of deaf people and is not recognized as the main means of communication between deaf persons and others. According to the Government, sign language is recognized as the official language of deaf people. There are no government measures to encourage media and other forms of public information to make their services accessible to persons with disabilities. According to the Government, there are such measures. The only service provided in order to facilitate information and communication between persons with disabilities and others is sign language interpretation, for any purpose. According to the Government even literature in Braille/tape, news magazines on tape /Braille and easy readers for persons with mental disabilities are provided in order to facilitate information and communication between deaf persons and others.
Organizations of persons with disabilitiesThere is a national umbrella organization. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy-making or to work with governmental institutions. According to the Government, there are such legal provision. Organizations of persons with disabilities are often consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at the national level. According to the Government, consultations occur also at the regional and local levels. No support is given by the government to organizations of persons with disabilities. According to the Government, organizations receive financial and organizational/logistic support. Persons with disabilities participate to a great extent in NGOs. The role of organizations of persons with disabilities is to advocate rights and improved services, mobilize persons with disabilities, identify needs and priorities and contribute to public awareness. According to the Government, organizations also participate in the planning, implementation and evaluation of services and measures, provide services and promote/organize income generating activities.
Co-ordination of workThe national co-ordinating committee is reporting to the Ministry of Health and Population. The committee includes representatives of the Ministry of Health and Social Affairs, from organizations of persons with disabilities and from other NGOs. The government does not expect the co-ordinating committee to participate in policy development or to perform other tasks. According to the Government, the committee is expected to participate in policy development and to perform other tasks. The establishment of the co-ordinating committee has had the following effects: improved co-ordination of measures/programmes, improved legislation, improved integration of responsibility, a better dialogue in the disability field, more effective use of resources and improved promotion of public awareness.
The adoption of the Rules has led to a rethinking of the approach to disability policy.
Contents of the ILSMH Report | Compare with the following Country Report(s): the Madagascar Government, ILSMH (Association des Amis et Parents d'Enfants Handicapes Mentaux de Madagascar)