Thursday, 23 February 2017

Disability Rights 14: Access to goods, services and facilities

In addition to the human rights laws in the Constitution of Uganda there are several other rights granted to persons with disabilities (PWDs). These rights are given by law in the Persons With Disabilities Act 2006 (PWDA) which is modeled on the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Whether you are a PWD or not, these laws apply to you.

Section 25 of the PWDA says that providers of goods, services and facilities should make their buildings accessible to PWDs. It is illegal to discriminate against PWDs on the grounds of their disability. It is illegal to refuse to provide goods and services to PWDs on the grounds of their disability.

Any building that is for use by the general public should be accessible to all PWDs. These are listed in the Second Schedule (see below) of the PWDA. These buildings include anywhere that provides the following:
  • A place the general public can visit. 
  • Communication facilities. 
  • Information services. 
  • Accommodation. 
  • Insurance and financial services.
  • Facilities for entertainment, recreation or refreshment. 
  • Facilities provided by employment agencies or training institutions. 
  • Services of trade.
If you are a PWD this means that shops, hotels, banks, cinemas, post offices and other places that provide goods and services to the general public should be accessible to everyone. It also means that shopping centers, sports grounds, swimming pools and other facilities that are open to the public should be accessible to PWDs.

This is what accessibility means: 
Sofia from Uganda comments about accessibility in Japan.

This law is written like this in section 25 of the Persons With Disabilities Act 2006:
25. Discrimination relating to goods, facilities and services 

(1) A person shall not, provide goods or services, or make facilities available with a view, to discriminate against another person on the ground of that person's disability by -

(a) refusing to provide to a person with a disability any service which he or she provides to other members of the public;

(b) deliberately making it impossible or unreasonably difficult for persons with disabilities to make use of the service or facility.

(2) The provisions of this section shall apply but shall not be limited to the services indicated in the Second Schedule.

(3) The provisions of subsection (1) shall not apply to any action -

(a) necessary to protect the health or safety of any person including that of a person with a disability;

(b) where a person with a disability is incapable of entering into an enforceable agreement or of giving an informed consent.


SECOND SCHEDULE 
SERVICES PROVIDED TO PUBLIC 

1. Access to and use of any place which members of the public are permitted to enter;

2. Access to and use of means of communication;

3. Access to and use of information services;

4. Accommodation in a hotel, boarding house or other similar establishment;

5. Facilities by way of banking or insurance or for grants, loans, creditor finance;

6. Facilities for entertainment, recreation or refreshment;

7. Facilities provided by employment agencies or training institutions;

8. Services of any profession or trade, or any local or other public authority; and

9. Other services. 

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