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RIGHTS OF PERSONS WITH MENTAL DISABILITIES

Definition of Disability:
-

those who have long-term physical, mental, intellectual or sensory


impairments which in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with others

International Laws:
Convention on the Rights of PWDs
- An international human rights treaty of the United Nations intended to
protect the rights and dignity of persons with disabilities
- Parties to the Convention are required to promote, protect, and ensure the
full enjoyment of human rights by persons with disabilities and ensure that
they enjoy full equality under the law
1. Prevention from Discrimination
- to promote awareness of the capacities of PWDs
- to recognize the skills, merits and abilities of persons with disabilities
and their contribution to labor
- to encourage all organs of mass media to portray persons with
disabilities in a manner consistent with the purpose of the
Convention
2. Right to Education
- Children with disabilities are not excluded from free & compulsory
primary education or from secondary education
- Adults have access to general tertiary education, vocational training,
adult education and lifelong learning
- Effective support measures are put in place to maximize academic
and social development
3. Right to Health
- right to the enjoyment of the highest attainable standards of health
without discrimination on the basis of disability

4. Integrity of Person
- right to respect for his/her physical and mental integrity on equal
basis with others
5. Participation Rights
- full and effective participation and inclusion in society, subsequently
enshrining the right of disabled to participate fully and equally in the
community, education, all aspect of life, political and public life,
cultural life, leisure and sports
6. Work and Employment
- right of persons with disabilities to work, on an equal basis of others;
this includes the right to the opportunity to gain a living by work
freely chosen or accepted in a labor market and work environment
that is open, inclusive and accessible to persons with disabilities
7. Right to Vote
- right of persons with disabilities to vote by secret
ballot in elections and public referendums
- each Contracting State should provide for voting equipment which
would enable disabled voters to vote independently and secretly

Philippines Laws:
Declaration on the Rights of Mentally Retarded Persons (Proclaimed by General
Assembly Resolution 2856 (XXVI) of December 1971)
- Bearing in mind the necessity of assisting mentally retarded persons to
develop their abilities in various fields of activities and of promoting their
integration as far as possible in normal life, the Declaration on the Rights of
Mentally Retarded Persons calls for national and international action to
ensure that it will be used as a common basis and frame of reference for the
protection of rights
mentally retarded person has the same rights as other human beings
right to proper medical care and physical therapy and to such education,
training, rehabilitation and guidance as will enable him to develop his
ability and maximum potential
right to economic security and to a decent standard of living.
mentally retarded person should live with his own family or with foster
parents and participate in different forms of community life

right to a qualified guardian to protect his personal well-being and


interests
right to protection from exploitation, abuse and degrading treatment
right to due process of law with full recognition being given to his degree
of mental responsibility

Magna Carta for Disable Persons


- One of the laws protecting the rights of people with disabilities here in the
Philippines
- Expanded the rights enumerated in the Convention and helped to fully
implement it in the Philippines
Rules of Court
- Provides for the appropriate proceedings regarding the hospitalization of
insane persons
- Also provided for the appointment of a general guardian to their property
Child and Youth Welfare Code (PD 603)
- This Presidential Decree focuses more on the procedures for the
commitment of mentally ill children, (Article 177, PD 603) training and
opportunities for disabled children (Art. 174) and disposition of their
property or money (Art. 182)