Philippine Law Punishing Disability Discrimination Lacks ‘Teeth,’ Official Tells Senate
Key Takeaways
- •The National Council on Disability Affairs said the Philippine law punishing discrimination against persons with disabilities is difficult to enforce because the agency has no power to file cases on its own initiative.
- •Discrimination cases have been filed at the barangay level, but only one has so far progressed to the courts, leaving victims to pursue complaints on their own.
- •Senator Erwin T. Tulfo plans to file a measure that would impose fines and prison time on those who verbally or physically bully persons with disabilities, indigenous peoples, and senior citizens.
- •The proposed measure would amend Republic Act No. 7277, the Magna Carta for Disabled Persons, to extend its coverage beyond persons with disabilities to indigenous peoples and senior citizens.
- •The Senate hearing was prompted by a podcast host's joke describing Kris Aquino's son Joshua, who is on the autism spectrum, as 'useless' compared with his brother.
The Philippine law punishing discrimination against persons with disabilities (PWDs) lacks “teeth” because the government cannot file cases on behalf of victims, an official from the National Council on Disability Affairs (NCDA) told the Senate on Monday.
Glenda D. Relova, executive director of the NCDA, said cases against perpetrators of discrimination have been filed at the barangay (village) level, but only one has so far progressed to the courts.
“Under the current law, only the aggrieved party can have a reason to file a case, or [in other words] we, in the NCDA, do not have motu proprio (on its own initiative) powers to file a case,” Ms. Relova said at a Senate hearing.
In practical terms, that leaves enforcement in the hands of victims, who must carry a complaint from the barangay level up to the courts on their own.
Her remarks came in response to Senator Erwin T. Tulfo, who said laws need proper implementation to effectively protect PWDs. The senator said he plans to file a measure that would institute fines and prison time for those caught verbally or physically bullying PWDs, indigenous peoples (IPs), and senior citizens.
The proposed measure would amend Republic Act No. 7277, the Magna Carta for Disabled Persons, by extending its coverage to include IPs and senior citizens, he said. The amendment would broaden a statute that at present covers only PWDs; details of the fines and prison terms would follow when the measure is filed.
The hearing followed a remark by podcast host Tito P, who joked that Kristina Bernadette “Kris” C. Aquino’s son, Joshua Aquino-Salvador, a person on the autism spectrum, was “walang kwenta (useless)” when compared with his brother, James Carlos “Bimby” Aquino Yap, Jr.
“This incident underscores the need not only for responsible public discourse, but also for the effective implementation of laws that protect PWDs,” Mr. Tulfo said.
Reporting by Francessca S. Abalos for BusinessWorld.
Source: BusinessWorld
