| Programme : Presentation on Day
1 Text version of a PowerPoint Presentation:
Towards the
Elaboration of an International Convention on the Rights of Persons with
Disabilities
Presented by Esther Chan
Equal Opportunities Commission
Slide 1
Towards the Elaboration of
an International Convention
on the Rights of Persons with Disabilities
Equal Opportunities Commission
11 October 2004
2
Enactment and Commencement of
Disability Discrimination Ordinance (DDO)
- Enacted in August 1995
- Came into effect on 20.9.96 for non-employment related provisions
- Full implementation on 20.12.96
3
Spirit and essence of DDO
- DDO protects PWDs from discrimination and harassment in the areas of
employment, education, access to premises, provision of goods, facilities
and services, disposal and management of premises, clubs and sporting
activities, eligibility to vote and be elected, participation in
government activities. It also makes vilification against PWDs in
public activity unlawful. Serious vilification is a criminal
offence.
4
Spirit and essence of DDO (cont.)
- There is no reciprocal protection for non-PWDs, the rationale being
that the development of the society, including the hardware and software,
has seldom taken into account the special needs of PWDs, and thus put PWDs
in a less favorable position.
- Facilitating equal access to education, employment, services,
facilities and participation in community life.
- Concepts of reasonable accommodation and unjustifiable hardship are
built into the legislation.
- Providing a level-playing field for individual development.
5
Statutory duties of EOC
- To handle enquiries, complaints lodged with EOC under the relevant
legislation. EOC has a duty to endeavour help parties to settle the
complaints by conciliation. Conciliation is voluntary.
Assistance may be granted to complainant to seek redress through legal
proceedings when conciliation fails.
6
Statutory duties of EOC (cont.)
- To initiate formal investigations in the public interest, e.g. to
tackle systemic discrimination.
- To issue codes of practice and guidelines on elimination of
discrimination and promotion of equal opportunities. Code of
Practice (CoP) on Employment and CoP on Education were issued in 1997 and
2001 respectively.
- To review the anti-discrimination legislation and propose appropriate
amendments.
7
Strategies to perform
the statutory duties
- Securing compliance and reform through legislative means
- The complaint handling mechanism
- Voluntary conciliation and litigation. Case settlement
register is available on EOC’s website (www.eoc.org.hk)
8
Strategies to perform the statutory duties (cont.)
- Promoting education to raise awareness and achieve change
- Docu-drama – available on EOC’s website
- Issue of Newsletter, publications, leaflets
- Strengthening communication with community organizations to promote
participation
- Funding programmes to encourage community organizations, NGOs to
help promoting EO in the community
9
Strategies to perform the statutory duties (cont.)
- Building corporate partnership to encourage good practices and
prevention
- Partnership with Government to practise “IT for All” and ‘Transport
for All’
- Partnership with Curriculum Development Institute (CDI) to
incorporate EO concepts and respect for diversities (including people
with different disabilities) in school curriculum
10
Strategies to perform the statutory duties (cont.)
-
- Support Education & Manpower Bureau (EMB) to promote integrated
education
- Provide sensitivity training for public officers and professionals
- Develop in collaboration with EMB an e-learning package for the
teaching profession
- Conducting researches and studies to guide our forward direction
- Research on Content Analysis of Textbooks and Teaching Materials in
Respect of Stereotypes
11
Strategies to perform the statutory duties (cont.)
-
- A Baseline Survey of Students’ Attitude towards People with a
Disability
- Report on Case Study of Kowloon Bay Health Centre
- Study Report on the Procedures and Training Needs of the Immigration
Department in Handling Persons with Disabilities
- Submission of comments and views to Government International Forum
- Inputs on ICESCR and ESCAP reports
12
The Way Forward
- Complaint handling mechanism
- To streamline the complaint handling procedures, encourage
settlement by conciliation, seriously consider establishing an EO
Tribunal to deal with complaints that could not be settled by
conciliation
- Public education and promotion
- To work in collaboration with stakeholders, government departments
and NGOs for effective and efficient use of resources, and to solicit
their support to EOC’s work
13
The Way Forward (cont.)
- Proactive approach to eliminate systemic discrimination
- Continue to monitor and advise on Government policies and practices
that may have an impact on the well-being of PWDs. e.g.
mainstreaming PWDs’ needs in town planning and transport planning
process
- Consideration is given to addressing the problems of physical access
faced by PWDs by conducting a formal investigation into the problem
subject to further deliberation and endorsement by EOC Members
14
The End
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