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Chapter-3 Rights of Persons with Disabilities

 

  1. Entitlement to enjoy rights under the prevailing law: The persons with disabilities shall have the right to enjoy the rights granted under the prevailing law on an equal basis with others, in addition to the rights granted by this Act.
  2. Right against discrimination: (1) No person with disability shall be subjected to discrimination on the basis of disability or be deprived of personal liberty.

Explanation: For the purposes of this Section, “discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, and this term also includes denial of reasonable accommodation.

(2) No person shall make any kind of discrimination on the basis of disability in making enrolment of a person with disability in an educational institute, in lending loans by a bank or financial institution, with or without security, or doing other financial transaction or in selecting any employment or in providing any service, facility provided publicly whether for fee or reward.

(3) No member of his or her family or guardian shall, on the basis of disability, make any kind of discrimination against a person with disability in the maintenance, care, provision of foods, distribution of property or any other act.

(4) No person shall, on the basis of disability, be prohibited from using or entering into any building or place that is open for use or entry by the general public whether with or without fee or no additional terms or liability shall be imposed in this respect on such basis.

  1. Right to community life: (1) A person with disability shall have the right to live with his or her family or guardian or in a place of residence chosen by him or her, on an equal basis with others, and he or she shall not be compelled to live in any specific place.

(2) The persons with disabilities shall have the right to obtain assistive materials and community assistance in order to earn the living respectfully.

  1. Right of protection: (1) The person with disability shall have the right to obtain protection against any kind of inhuman or degrading treatment, physical or mental violence, gender-based violence, domestic violence, sexual harassment and exploitation by the family guardian or other person.

(2) The persons with disabilities shall have the right to obtain security, rescue and protection with priority in times of armed conflict, state of emergency or disaster.

(3) The Government of Nepal shall make the following provisions in order to protect the persons with disabilities against any kind of exploitation, violence and harassment including gender-based violence:

(a)        To obtain information of incidents of exploitation, violence, harassment, gender-based and sexual violence committed against the persons with disabilities, and maintain records thereof,

(b)        to take effective legal action in accordance with this Act and the prevailing law against exploitation, violence and incidents referred to in clause (a),

(c)        To immediately and effectively provide security to, rescue, protect and rehabilitate, the victims from such incidents,

(d)       To make proper arrangements for preventing such incidents,

(e)        To launch awareness and counselling programs at the community level against such incidents.

  1. Right of political participation: (1) The persons with disabilities shall, on an equal basis with others, have the right to become candidate in elections in a fearless environment and to cast votes voluntarily, with or without assistance of others.

(2) The Government of Nepal shall make appropriate provisions that the process and facilities of voting are accessible to the persons with disabilities and materials related thereto are easily understandable by and accessible to them.

  1. Right of participation in policy making: (1) The persons with disabilities shall have the right to participate on their own or through their related unions, organisations in the process of development of important policies that may affect them.

                        (2) In making participation in the development of policies pursuant to sub-section (1), the views expressed by the persons with disabilities shall be given appropriate place on the basis of relevancy.

  1. Right to form unions: The persons with disabilities shall have the right to establish, operate and manage unions or organisations in accordance with the prevailing law.
  2. Right to participate in the cultural life: (1) The persons with disabilities shall have the right to participate, on an equal basis with others, in cultural programs or services and entertainment, including television programs, films, dramas, theatres, cinema halls, libraries, tourism services, arts, literature and music, in accessible formats and manner.

(2) The persons with disabilities shall have the right to develop and utilize their creative, artistic, intellectual, professional and internal potentiality.

(3) The persons with disabilities shall have the right, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.

  1. Right of access to services, facilities and justice: (1) The persons with disabilities shall have the right to have easy access to other services and facilities that are open or provided for the public, including educational institutes, housing, workplaces, buildings, roads, transportation, and electronic communication services.

(2) The persons with disabilities shall have the right to free legal aid in order to ensure that they have access to justice.

  1. Right to social security: (1) The persons with disabilities as prescribed shall have the right to obtain economic assistance or social security as prescribed from the Government of Nepal.

                        (2) The persons with disabilities shall, in obtaining and enjoying any opportunity, have the right to get reimbursement for additional expenses incurred in the assistive services that they use.

  1. Right to Information: (1) The persons with disabilities shall have the right to obtain information from public communication media in disabled friendly and accessible formats.

(2) Electronic broadcasting Institutions of public communication shall conduct news and other programs in sign language in such a number as specified by the Government of Nepal.

(3) The persons with disabilities shall have the right to obtain the information that is intended for the public in accessible formats and appropriate technology without any additional fees or charges.

(4) Communication service providers, including telephone and internet, shall make available the services that they provide to the persons with disabilities in accessible formats and usable manner, within the period specified by the Government of Nepal.

  1. Right to movement: The persons with disabilities shall have the right on an equal basis with others to make movement with their assistant materials and assistance of persons of their choice.