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Government Implementation of
the Standard Rules
As Seen By Member Organizations of
World Federation of the Deaf - WFD
© Dimitris Michailakis 1997
General Policy
Table 1 (Question No. 1)
Number of WFD organizations reporting an officially recognized disability policy:
Total 30, No answer 1
Disability policy expressed in: Frequency Valid Percent Having an officially recognized policy 25 83,3 Not having an officially recognized policy 5 16,7 Law 14 46,7 Guidelines adopted by the Government 14 46,7 Guidelines adopted by a disability council 13 43,3 Policy adopted by political parties 6 20,0 Policy adopted by NGO's 13 43,3
As Table 1 shows, the majority of WFD organizations are reporting an officially recognized disability policy. The majority of WFD organizations are reporting that disability policy is expressed in law and in guidelines, adopted by the government. The replies from the NGOs generally exhibit the same pattern. There are no clear differences in the percentages, compared with NGOs in general, except that the percentage reported by WFD organizations concerning the disability policy expressed in law is lower. There are clear differences when compared with the percentages reported by governments. WFD organizations report a lower percentage concerning disability policy expressed in law, in guidelines adopted by the government and in guidelines adopted by a disability council but a higher percentage concerning the policy adopted by NGOs.
Table 2 (Question No. 2)
The emphasis of disability policy
1 = very strong emphasis, 5 = very weak emphasis
Emphasis in national policy Number of WFD org. indicating respective emphasis 1 2 3 4 5 Prevention 3 8 4 3 3 Rehabilitation 11 5 3 4 - Individual support 3 2 7 2 7 Accessibility measures 2 5 6 5 3 Anti-discrimination law 8 1 1 4 6
According to WFD organizations, the strongest emphasis is on rehabilitation, while the weakest emphasis is on anti-discrimination law and accessibility measures. The same pattern prevails as with the NGOs in general and almost the same even when compared to governments.
Table 3 (Question No. 3)
Government action to convey the message of full participation
Total 31, No answer 0
Conveying the message of full participation Frequency Valid Percent WFD organizations reporting Gvt. action 11 35,5 WFD organizations reporting no Gvt. action 20 64,5
As Table 3, shows there are 20 organizations out of 31 providing information on this issue, reporting that the governments have not done anything to initiate or support information campaigns conveying the message of full participation, since the adoption of the Rules. There is no great differences in percentages reported, when compared with the NGOs in general. There are, however, clear differences, when compared with the percentages reported by governments. The majority of WFD organizations are reporting no government action to convey the message of full participation, while 81% of the governments are reporting such action.
Legislation
Table 4 (Question No. 4)
Types of legislation to protect the rights of persons with disabilities
Total 29, No answer 2
Types of legislation Frequency Valid Percent Special legislation 11 37,9 General legislation 9 31,0 Special and general legislation 9 31,0
As Table 4 shows the most common type of legislation, according to the WFD organizations, is the using of special legislation. The second most frequent type of legislation is general legislation, applicable to all citizens, as well as a combination of special and general legislation. However, the percentage of countries is high, where the rights of persons with disabilities are protected only by general legislation. The pattern is not the same, compared with the NGO¥s in general. The NGOs generally report that a combination of these two types is the most common type of legislation. The pattern is different, also when compared with the percentages reported by governments. WFD organizations report a considerably lower percent of countries using a combination of special and general legislation.
Table 5 (Question No. 5)
Mechanisms to protect citizenship rights
Total 25, No answer 6
Judicial/no-judicial mechanisms Frequency Valid Percent Due process 17 68,0 Recourse procedure 8 32,0 Ombudsman 6 24,0 Governmental body (administrative) 12 48,0 Expert bodies 8 32,0 Arbitration/conciliation body 6 24,0
As Table 5 shows, the majority of WFD organizations are reporting that mechanisms have been adopted to protect the rights of persons with disabilities. The most frequent judicial mechanism adopted is legal remedy through courts, while the most frequent non-judicial mechanism is a governmental body (administrative). There is a clear difference concerning the existence of special agencies dealing with anti-discrimination issues, where the percentages reported by WFD organizations are higher than the percentages reported by governments. There is a difference also regarding the percentage reported as to the existence of an ombudsman. The percentage reported by WFD organizations is lower, compared with the one reported by NGOs in general. There are clear differences, when compared with the percentages reported by governments. On the following mechanisms WFD organizations are reporting a higher percentage: recourse procedure, expert bodies and arbitration/conciliation body.
Table 6 (Question 6)
Civil and political rights of persons with disabilities
Total 25, No answer 6
WFD organizations reporting that general legislation
does not apply with respect to:Frequency Valid Percent Education 1 4,0 Employment 4 16,0 The right to marriage 10 40,0 The right to parenthood/family 11 44,0 Political rights 8 32,0 Access to court-of-law 5 20,0 Right to privacy 6 24,0 Property rights 8 32,0
As Table 6 shows, a considerable number of WFD organizations report that general legislation does not apply to persons with disabilities with respect to: the right to parenthood/family, the right to marriage, political rights, access to court-of-law, the right to privacy and property rights. General legislation is applicable in almost all countries with respect to the right of education. It is also interesting to note that general legislation, in 84% of the countries, applies with respect to the right of employment in 84% of the countries. The same pattern prevails as generally with the NGOs, with minor differences in the percentages reported. There are clear differences, when compared with the percentages reported by governments. WFD organizations report a higher percentage concerning the right to marriage, the right to parenthood/family, political rights and property rights.
Table 7 (Question No. 7)
Economic and social rights of persons with disabilities
Total 26, No answer 5
WFD organizations reporting that the following benefits are not guaranteed by law: Frequency Valid Percent Health/medical care 6 23,1 Rehabilitation 5 19,2 Financial security 14 53,8 Employment 12 46,2 Independent living 17 65,4 Participation in decisions affecting themselves 17 65,4
According to WFD organizations, the following rights are less often guaranteed by law to persons with disabilities: independent living, employment, participation in decisions affecting themselves and the right to financial security. The right being most frequently guaranteed by law is the right to rehabilitation, though almost in 19% of the countries this is not the case. Regarding the right to employment and compared with question no. 6, it is obvious that general legislation is not a sufficient guarantee for rights of disabled persons. Though in 84% of the countries there are no legal hindrances for disabled persons with regard to the right to employment, only 54% of the countries have this right guaranteed by law. There are no clear differences compared with the NGOs in general, except regarding the right to financial security (the percentage reported by the NGOs in general is lower). There are clear differences, when compared with the percentages reported by governments. WFD organizations report a higher percentage regarding the following benefits: health/medical care, financial security, employment, independent living and participation in decisions affecting themselves.
Table 8 (Question No. 8)
New legislation concerning disability since the adoption of the Rules
Total 28, No answer 3
Legislation on disability Frequency Valid Percent WFD reporting enactment of new legislation 5 17,9 WFD reporting no enactment of new legislation 23 82,1
As Table 8 shows, the majority of WFD organizations are reporting that no new legislation concerning disability has been enacted, since the adoption of the Rules. In 18% of the countries, however, enactment of new legislation is reported. There are clear differences compared with the percentages reported by the NGOs in general, where the percentage of no enactment of new legislation is considerably lower. There are also clear differences, when compared with the percentages reported by governments. WFD organizations report a lower percentage regarding enactment of new legislation.
Contents of the WFD Report