PWDs mull class suit vs government, businesses

MANILA, Philippines – National organizations of persons with disabilities warned yesterday they are planning to file class suits against some government institutions as well as private corporations for their alleged discrimination and failure to comply with laws upholding the rights of PWDs.

The groups – National Council on Disability Affairs, Autism Society of the Philippines (ASP) and the Katipunan ng May Kapansanan sa Pilipinas Inc. – made the warning as the country begins the National Disability Prevention and Rehabilitation Week tomorrow.

They said they were also able to secure the commitment of some lawmakers, including Akbayan party-list Rep. Walden Bello, to initiate a congressional investigation into the failure of government and private institutions to implement and comply with Republic Act 9442 or the Magna Carta for Persons with Disabilities of 2006.

Carmen Zubiaga, a spokeswoman for the group, said many drug store chains refuse to give the 20-percent discount to PWDs when it is clearly stipulated in the law and they were part of consultations in the drafting of the implementing rules and regulations (IRR) of RA 9442.

“They (drug stores) say they do not trust the certificates for PWDs issued by the local governments but that’s the law and besides the disabilities can be easily seen,” she said during a press conference in Quezon City.

Zubiaga also said the drug stores and other business establishments cannot claim possible losses as they have been part of the drafting of the IRR.

For those with disabilities that are not evident, like autism, there is also an accompanying medical certificate for them, she said.

“Medicines are vital to the day to day existence of PWDs including children with (attention deficit/hyperactivity disorder), autism, seizure disorder and other intellectual disabilities, who rely on their daily maintenance to stabilize their condition. The 20-percent discount will also be a big help to all cancer survivors who consume daily doses of medicines,” the groups said in a joint statement.

The groups said the World Health Organization estimated that at least 10 percent of a given population are PWDs. In the Philippines, which has an estimated population of over 90 million, that translates to at least nine million PWDs.

“The Philippines is prolific in formulating laws aimed to address these age-old marginalized status, however, it is as irresponsible and even openly and even arrogantly defiant to their implementation resulting to the worsening of the vulnerability of these impoverished sectors,” the groups said.

The group also cited the “flagrant violation” of the 27-year -old Accessibility Law.

“The Footbridge Accessibility Movement will also submit a formal human rights violation complaint to the Commission on Human Rights (CHR) particularly the footbridges in Metro Manila. The action is a preliminary move in a filing a class suit against government agencies and private contractors responsible for the construction of these public structures that clearly symbolize the persistent defiance of the nearly three-decade law,” they said.

They said they will exhaust dialogues with the CHR and the Department of Health before filing class suits against drug stores and other businesses not complying with the law.