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Disability and Accessibility Rights: Towards Implementing the Persons With Disabilities Act,2003

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Title: Mainstreaming disability at the workplace Author: Brains Last modified by: Ncpwd Created Date: 6/8/2011 5:47:27 PM Document presentation format – PowerPoint PPT presentation

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Title: Disability and Accessibility Rights: Towards Implementing the Persons With Disabilities Act,2003


1
Disability and Accessibility Rights Towards
Implementing the Persons With Disabilities
Act,2003
  • Presented During the National Conference held
    from 25th to 27th June 2012 at KICC
  • By
  • Selina Iseme DCLC , PSCK

2
INTRODUCTION
  • The Public Service Commission is established
    under Article 233 of the Constitution.
  • The functions of the Commission are spelt out in
    Article 234 of the Constitution and they include-
  • establishment of public offices
  • appointments and promotions
  • disciplinary control
  • promotion and reporting on the values in article
    10 and 232 of the Constitution
  • hearing appeals with respect to county
    governments public service

3
INTRODUCTION cont
  • human resource development
  • ensuring efficiency and effectiveness of the
    public service
  • determining conditions of service, qualifications
    and codes of conduct for public officers
  • determining the organization and administration
    of the public service
  • recommending persons to be appointed as principal
    secretaries by the President
  • receiving petitions for intended removal of the
    Director of Public Prosecutions
  • making relevant nominations as prescribed in law
    and
  • performing any other function conferred by
    national legislation.

4
ILO STANDARDS ON MAINSTREAMING DISABILITY AT THE
WORKPLACE
  • ILO guidelines on mainstreaming disability at
    the
  • Workplace require employers to ensure that PWDs
  • obtain and remain in employment without any
  • hindrance. This can be achieved through carrying
  • out reasonable adjustment more specifically by
  • ensuring that the mode of advertisement does not
    indirectly discriminate against PWDs
  • allowing PWDs the use of support devices and
    assistive services during the interview

5
ILO STANDARDS ON MAINSTREAMING DISABILITY AT THE
WORKPLACE .
  • providing employees with disabilities equal
    for development
  • providing employees with disability adapted
    equipment, replacing steps with ramps or ensuring
    walkways are wide enough for wheelchairs
  • allowing flexible work schedules to suit the
    needs of the employee with disability

6
ILO STANDARDS ON MAINSTREAMING DISABILITY AT THE
WORKPLACE
  • rehabilitating and habilitating an employee who
    acquires disability while already employed the
    and putting in place return to work programme
    and
  • if the employee is not in a position to resume
    the previous employment then employee shall be
    deployed to perform duties that match his /her
    residual potential and skills.

7
POLICY DIRECTION TAKEN BY PSC TOWARDS
IMPLEMENTING THE PERSONS WITH DISABILITIES ACT.
  • PSC issued a Code of Practice On Mainstreaming
  • Disability in the year 2010. The objectives of
    the
  • Code are to -
  • ensure that PWDs have equal opportunities in the
    public service
  • improve employment prospects in the public
    service for PWDs by facilitating recruitment,
    return to work, job retention and opportunities
    for advancement
  • promote a safe, accessible and healthy workplace
    conducive to the needs of PWDs

8
OBJECTIVES OF THE CODE cont
  • maximize the contributions which public officers
    with disabilities can make to the Government
  • facilitate PWDs including learners with special
    educational needs to access the workplace in the
    public service for the purpose of internship and
    attachment and
  • assure that the needs of PWDs are catered for in
    the discharge of human resource functions and
    management in the public service.

9
HIGHLIGHTS OF THE PSC CODE ON MAINSTREAMING
DISABILITY
  • Recruitment-public entities shall recruit job
    seekers with disabilities including those who
    have not worked before and those who need to
    return to work after a period of non-employment
  • Interviewing and testing-
  • Selection tests should be in a format that is
    accessible to PWDs.
  • candidates with disabilities should be permitted
    to use of assistive and support devices and
    assistive services like sign language interpreter
    or Braille, presence of personal aide or service
    animal during interviews.

10
HIGHLIGHTS OF THE CODE cont
  • Where a public officer acquires disability while
    in
  • employment the need to ensure-
  • early intervention, referral to appropriate
    services and rehabilitation
  • measures for a gradual resumption of work are put
    in place
  • opportunities for the officer to test work or
    obtain experience in an alternative job if the
    officer is unable to resume the previous job
  • use of support and technical advice to identify
    any opportunities and adjustments which might be
    required

11
HIGHLIGHTS OF THE CODE cont
  • mitigating measures are put in place so as not
    to exacerbate the existing condition of the
    officer
  • identification necessary training or
    re-training for the officer
  • reasonable modifications or adaptations of the
    job, work station or work environment
  • the provision of assistive or support devices and
    assistive services for the officer

12
HIGHLIGHTS OF THE CODE cont
  1. the provision of assistive or support devices and
    assistive services for the officer
  2. the need to consult an officer before
    redeployment on account of disability the
    officers occupational preferences should be
    taken into account in decision making and
  3. in the event an officer acquires disability while
    in employment taking measures aimed at
    utilizing the residual potential and skills of
    the officer before considering to take any other
    steps

13
ADMINISTRATIVE STEPS TAKEN TOWARDS IMPLEMENTING
THE ACT
  • Whenever a vacancy is advertised the Commission-
  • advertises the vacancies in the print media and
    the Commissions website
  • places radio alerts informing the public of the
    advertisement of posts
  • Further the commission
  • maintains data regarding PWDs recruited to
    ensure progressive achievement of the 5
    constitutional requirement
  • has customized four washrooms to meet the needs
    of PWDs.

14
ADMINISTRATIVE STEPS TAKEN TOWARDS IMPLEMENTING
THE ACT cont
  • has ensured availability of an interview board
    room on the ground floor to ensure that
    candidates who by reason of disability is not
    able to access other floors do not miss out on
    interviews(The structural make up of Commission
    house cannot allow construction of a ramp to the
    4th floor)
  • upon request approves extension of service of
    officers with disabilities as long as there is a
    medical report confirming the nature of
    disability.

15
ADMINISTRATIVE STEPS TAKEN TOWARDS IMPLEMENTING
THE ACT cont
  • In addition to the measures outlined above the
    Commission has advertised for consultancy
    services for a baseline survey on the state of
    the public service. One the parameters to be
    measured include the number of PWDs in the public
    service.
  • The findings of the survey will inform further
    steps to be taken.

16
GAPS AND CHALLENGES IN THE IMPLEMENTTATION OF THE
ACT
  • Almost ten years since the passage of the Act
    accessibility both to public buildings and
    public service vehicles still remains a
    challenge.
  • The structural make up of some old buildings
    makes it impossible for ramps to be constructed
    to higher floors.
  • The most common form of public transport is low
    capacity vehicles(14 seater matatus) and because
    of the size it may not be possible for them to be
    customized to meet the needs of PWDs

17
GAPS AND CHALLENGES IN THE IMPLEMENTTATION OF THE
ACT
  • Although it is easier to identify physical
    disability it is difficult to identify the other
    types of disabilities and as such many programmes
    towards mainstreaming disability may focus more
    on physical disability only and not the other
    types of disabilities.
  • PWDs rarely disclose information on disability
    in the application form .
  • Very few candidates apply for jobs advertised by
    PSC and so it may take time before the 5
    principle is realized.

18
POSSIBLE PUBLIC RESPONSE TO ADJUSTMENT ORDERS
AND TAX EXEMPTION
  • There is bound to be resistance from the owners
    of the buildings and PSVs on adjustment orders
    and high implementation costs will be cited as
    the reason.
  • It is likely that there will be litigation that
    may arise from the adjustment orders.
  • As for tax exemption this may not elicit as
    negative reactions as adjustment orders will.

19
STRATEGIES FOR IMPLEMENTING THE ACT
  • Ministry of housing should have in place a
    building Code that gives effect to the Act
  • Local authorities should not to approve any
    building plan unless the plan has taken into
    account access needs for PWDs
  • The Transport Licensing Board should not to
    license any PSV unless the same is customized
    to cater for the needs of PWDs the earlier
    government policy to phase out small capacity
    vehicles should be pursued.

20
STRATEGIES FOR IMPLEMENTING THE ACT
  • The learning institutions should afford PWDs
    opportunities to equip themselves with skills
    that will enable them access employment in order
    to achieve the 5 principle.
  • Government should ensure all buildings housing
    government offices are responsive to the needs of
    persons with disabilities.
  • Alternatives should be provided relating to
    buildings whose structural make up will not
    accommodate major adjustments.
  • intensive awareness creation on the requirement
    needs for PWDs should be carried out in to avert
    negative reactions that may follow adjustment
    orders.

21
STRATEGIES FOR IMPLEMENTING THE ACT
  • Government could issue a policy to the effect
    that for one to transact business with government
    their businesses must be compliant to the Act so
    that before a contract is awarded the supplier
    must be evaluated on compliance with the Act.
  • intensive awareness creation on the requirement
    needs for PWDs should be carried out in to avert
    negative reactions that may follow adjustment
    orders.

22
MONITORING IMPLEMENTATION OF THE ACT
  • Institutions that are key in the implementation
    of the Act are represented in the Council. These
    institutions are able to enforce the Act though
    exercise of their powers to grant approvals or
    licenses. In the performance of these duties the
    institutions should have in built monitoring
    mechanisms which they can use as a basis of
    preparation of reports on compliance.
  • Institutions charged with recruitment in the
    public service should also have in built
    mechanisms to monitor the realization of the 5
    principle and every year there should be a report
    on the percentage representation of PWDs in the
    public service.

23
CONCLUSION
  • The composition of the NCPWD is such that it is
    possible for the objectives of the Act to be
    achieved if deliberate measures are put in place.
  • The access should not be limited to physical
    access only but should include access to
    information and opportunities.
  • The private sector is key in ensuring the Act is
    implemented and rewards and sanctions can be used
    to rope in the private sector.

24
  • Thank you
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