Amend ‘toothless’ act for persons with disabilities, urges group

Amend ‘toothless’ act for persons with disabilities, urges group

The Harapan OKU Law Reform Group says the act needs to be amended in six areas, including broadening the definition of 'disability'.

Harapan OKU Law Reform Group wants two sections in the Persons with Disabilities Act 2008 to be deleted as they protect civil servants from being sued when they fail to fulfil their legal duties towards persons with disabilities.
PETALING JAYA:
An advocacy group for people with disabilities is urging Putrajaya to amend the Persons with Disabilities (PwD) Act 2008, which it labelled as a “toothless tiger”.

The Harapan OKU Law Reform Group says the act needs to be amended in six areas, including broadening the definition of disability to more than seven categories and to define “discrimination” and “harassment”.

The remaining areas are providing remedies for discrimination and harassment; repealing two sections in PwD which protect civil servants from being sued when they fail to fulfil their legal duties and obligations towards persons with disabilities; establishing an independent commission to monitor the implementation of the PwD Act; and establishing a tribunal to handle cases involving infringement of disability rights.

The group said the amendments must be made so that they will be line with the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which Malaysia has been a party to for over 11 years.

It also called for Article 8(2) of the Federal Constitution to be amended to explicitly prohibit discrimination on the grounds of disability.

“That amendment will give legal effect to stop the isolation and segregation of persons with disabilities from mainstream society.

“As it stands, the PwD Act is just an administrative legislation, a ‘toothless tiger’.

“It has no redress and enforcement provisions,” it said in a statement.

The group went on to urge Deputy Prime Minister Dr Wan Azizah Wan Ismail to immediately set up a special task force to review the PwD Act.

Wan Azizah is also the women, family and community development minister.

The special task force, it said, must work in close consultation with persons with disabilities, representing the voices of diverse disability groups, including on rights and access issues that they have been raising for the past 30 years and more.

“We call on the government of the day to ensure that the marginalised and vulnerable groups, including persons with disabilities, are not left out.”

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