| Programme : Presentation on Day
1 Text version of a PowerPoint Presentation:
Addressing
Disability Discrimination– the Hong Kong Experience
Presented by Raymond Tang
Chairperson
Equal Opportunities Commission
Hong Kong SAR, China
July 2005
Slide 1
Addressing Disability Discrimination– the Hong Kong
Experience
Raymond Tang
Chairperson
Equal Opportunities Commission
Hong Kong SAR, China
July 2005
2
Human Rights and Equal Opportunities – What is at Stake
- Basic human rights - rights to life, to survival and to development.
- Equal access to platform for individual development.
- Equal opportunity is about development, level-playing field,
competitiveness and meritocracy.
3
What do we seek to achieve
- An equal opportunities framework is designed to:
- advance human potential
- ensure a level playing field for all
- provide individual with the self empowerment mechanism
- achieve community equity and social equilibrium
4
What are the Options
- Do Nothing
- Not an option
- Social impact significant
- Inequitable society
- Public Education
- Piece meal approach
- Specific Legislation
5
What HKSAR has opted – Regulation by law
- To empower individuals with the legal basis and mechanism to assert
their rights
- To provide legal framework and mechanisms for redistribution of
social, economic, and other opportunities
- To serve as a tool that makes the process of change more effective
- But it is not the only way
6
The Drivers – Domestic Needs and International Obligations (1)
- International obligations
- ICCPR, HK BORO
- Participation in the Asia & Pacific Decade of Disabled Persons
1993-2002.
- Social factors
- Social stigmatization of and discrimination against PWDs.
- The idea of legislative measure proposed by the Government met with
public support.
7
The Drivers – Domestic Needs and International Obligations (2)
- Economic factors
- HK enjoyed an economic boom in the 80’s.
- Growing needs and expectations.
- Maximizing the use of human capital is conducive to sustainable
development and reduces strain on public purse.
8
Disability Discrimination Ordinance (DDO)
- Enacted in August 1995
- Came into effect on 20 September 1996 for non-employment related
provisions
- Full implementation on 20 December 1996
- No retrospective effect
9
What the law says (1)
- What is disability
- any impairment of body or mental function
- malfunction, malformation or disfigurement of part of the body
- having any disease and illness
- learning differently due to a disorder or malfunction
10
What the law says (2)
- The law binds government, the public sector and the private sector.
- The law covers discrimination and harassment in the areas of:
- employment
- education
- access to premises
- provision of goods, services and facilities
11
What the law says (3)
- The law covers discrimination and harassment in the areas of:
(continued)
- disposal and management of premises,
- clubs and sporting activities
- eligibility to vote and be elected
- participation in government activities
- Vilification against PWDs in public activity is unlawful. Serious
vilification is a criminal offence.
12
How the law operates
- EOC is the enforcement body of the DDO.
- Five functional divisions of the EOC Office as the executive arm of
the Commission :
- Planning and Administration Division
- Operations Division
- Legal Services Division
- Policy and Research Unit
- Corporate Communications and Training Unit
13
Functions and Powers of the EOC
- To handle enquiries and complaints, and to help parties to settle
complaints by conciliation.
- To issue codes of practice and guidelines on elimination of
discrimination.
- To review the anti-discrimination legislation and propose appropriate
amendments.
- To promote equal opportunities through public education and community
participation activities.
14
How the law helps (1)
- Complaint Handling
- Complaint investigation and conciliation
- Self-initiated investigation
- Promotion and Education
- Quarterly newsletter, codes of practice and publications
- Docu-drama series
15
How the law helps (2)
- Promotion and Education (continued)
- Sensitivity training for policy makers and professionals
- Researches and educational activities
- Broader remit to promote equal opportunities
- Complementing existing statutory mandate
16
Effectiveness of legislation
- Effectiveness of legislation depends on:
- Its power and coverage
- Credibility of the enforcement body and public support
- Resources available
- Socio-economic infrastructure
- Independence of the regulatory body
- To improve public facilities in public sector
- Success in public sector as a driver to promote in private sector
17
It’s a Long Road
- Need to secure public support
- Effort to raise public awareness
- Community participation
- Broad based commitment
- Executive government’s involvement
18
TO A FAIRER WORLD
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