The rights of handicapped people

Some people are born with or acquire certain physical or mental handicaps. However, they still have the right to access the privileges that other people enjoy. For this reason, special provisions have been put in place.

Some people are born with or acquire certain physical or mental handicaps. However, they still have the right to access the privileges that other people enjoy. For this reason, special provisions have been put in place.

The special provisions are stipulated in law N° 01/2007 of 20/01/2007 relating to protection of disabled persons in general.

Article 2 of the above-mentioned law describes a disabled person as “any individual who was born without congenital abilities like those of others or one who was deprived of such abilities due to disease, accident, conflict or any other reasons which may cause disability.”

Article 11 of the law relating to the protection of disabled persons in general says that disabled people have the right to appropriate education. “Appropriate” means that it should be done with regard to the person’s disability.

For example, if someone is unable to study with others, he/she has the right to access to a specialized school.

And if a student has a disability which makes it impossible to sit for exams with his/her schoolmates, article 12 of the law relating to the protection of disabled persons in general says that such a person “is entitled to the right of sitting for exams in a special manner.”

Articles 14 and 15 of the law relating to the protection of disabled persons in general say that the government bears the responsibility to provide medical care to such persons. This includes the provision of prosthesis and orthosis equipment if it is required.

Because disabled persons have the right to actively participate in enjoyable activities much like everyone else, article 22 of the law relating to the protection of disabled persons in general makes this provision. It says, “Disabled persons are entitled to the right of joining specialized associations related to sports, culture and entertainment.”

Article 23 of the law relating to the protection of disabled persons in general says that disabled persons are to be facilitated so that they can participate in sports, films, drama and any other entertainment.

Buildings and transport services are supposed to be made in such a way that disabled persons can have access to them. And in public communication such as conferences, meetings, news reading and public debates, there should be use of gestures, braille writings and other ways to make it possible for disabled people to participate.

This is according to articles 25 and 26 of the law relating to the protection of disabled persons in general.

People with disabilities are especially vulnerable because sometimes they are unable to fend for, or defend themselves. Thus, any form of discrimination or violence against such persons is “punished with the heaviest penalty among the penalties provided by the Criminal Code and those of the special laws relating to such a crime.” This is according to article 27 of the law relating the protection of persons with disabilities in general.

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