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Definitions:

  1. Persons with disabilities include those who have long-term physical, mental, intellectual, developmental, cognitive, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
  2. The Discrimination Against Persons with Disabilities (Prohibition) Act, 2018 provides for the full integration of Persons with Disabilities into society and establishes the National Commission For Persons With Disabilities and vests the commission with the responsibilities for the education, health care, social, economic, and civil rights.

PART ONE:

PROHIBITION OF DISCRIMINATION, AND AWARENESS

  1. Persons with disabilities must not be treated unfairly as anyone who treats them fairly is answerable for paying a fine or going to prison.
  2. The Federal Ministry of Information is saddled with the responsibility of creating awareness programs that portray the rights, contributions, achievements, and capabilities of persons with disabilities.

PART 2:

ACCESSIBILITY OF PHYSICAL STRUCTURES

  1. A person with a disability has the right to access a public facility in the same way persons without disabilities do.
  2. Public facilities should have necessary aids like ramps, lifts, etc.
  3. Road sidewalks and pedestrian bridges/crossings should be accessible to the different types of disabilities.
  4. There is a 5-year transitory period within which public buildings and structures which are inaccessible to persons with disabilities must be made accessible. This period commenced in 2018 and will elapse in 2023.
  5. New building plans must be scrutinized by the relevant authorities to ensure they meet accessibility standards. Any building plan that falls short should not be approved and anyone/authority that approves a building plan that falls short of accessibility standards will pay a fine, or go to prison.
  6. A person with a disability who is not able to access a public building has the right to make an inaccessibility complaint. The authority in charge of the building must fix such barriers and if they fail to do so, will pay for the damages suffered by the person.

PART 3:

ROAD TRANSPORTATION

  1. Producers of goods and services must not fail to provide/make available goods and services to persons with disabilities.
  2. Government transport service providers must ensure that vehicles, parks, and bus stops are accessible to persons with disabilities.
  3. Transport service providers should ensure accessibility by providing and maintaining ramps, lifts, and other accessibility aids. Drivers must come to a total halt when a person with a disability is about to alight or board a vehicle.
  4. Suitable public parking a spaces should be reserved for persons with disabilities. Any organization or person who fails to do so is liable on conviction to a fine.

PART 4:

SEAPORTS, RAILWAYS, AND AIRPORT FACILITIES

  1. Seaports and railways should be made accessible to persons with disabilities. Transitory provision shall be applied here.
  2. All airlines operating in Nigeria shall ensure the accessibility of their aircraft to persons with disabilities. They must ensure assistance, priority, presentable, and functional wheelchairs/assistive and protective devices for the transportation of persons with disabilities.
  3. General information must be translated into different accessible formats.

PART 5:

LIBERTY, RIGHT TO EDUCATION, HEALTH, AND FIRST CONSIDERATION IN QUEUES, ACCOMMODATION, AND IN EMERGENCIES.

  1. Persons with disabilities should not be used in soliciting for alms. Anyone who acts contrary will pay a fine or go to prison.
  2. A person with a disability shall have access to free education up to the secondary school level and the commission shall provide educational assistive devices.
  3. All public schools must be inclusive and accessible to persons with disabilities. There should be special facilities and trained personnel to cater to the educational development of persons with disabilities.
  4. The education of special education personnel shall be subsidized.
  5. Government must ensure that the education of children with disabilities who are blind, deaf, or with multiple disabilities is delivered in the most appropriate mode, means, language, and environment.
  6. Government shall guarantee free access to adequate healthcare.
  7.  Persons with mental disabilities shall acquire a certificate of disability from the commission.
  8. A person who illegally issues or acquires a certificate of disability is liable to a fine or prison term.
  9. Public hospitals must make provisions for special communication for persons with disabilities.
  10. Government must ensure the safety and protection of persons with disabilities in situations of risk, natural disasters, and other emergencies.
  11. Persons with disabilities shall be given first consideration in queues. Anyone who fails to do this will pay a fine or go to prison.
  12. Persons with disabilities shall be given first consideration if accommodation is given by schools, employers, service providers, organizations, and the government.

PART 6:

OPPORTUNITY FOR EMPLOYMENT AND
PARTICIPATION IN POLITICS AND PUBLIC LIFE 

  1. A person with disability has an equal right to work as others. Any person or organization that goes contrary will pay a fine for damages.
  2. Persons with disabilities shall make up 5% of the workforce of any organization.
  3. Persons with disabilities shall be encouraged to participate in political and public life.

PART 7

ESTABLISHMENT OF THE
NATIONAL COMMISSION FOR PERSONS WITH DISABILITIES

  1. There is the Commission for persons with disabilities which is under the presidency.
  2. There is a governing council for the Commission of Persons with disabilities which includes representatives from different works of life.
  3. The additional provisions of this Act shall be effective concerning the proceedings of the council.
  4. The chairman and members of the council shall hold office for a term of four years and may be re-appointed.
  5. A person will no longer be a member of a council if he resigns, becomes bankrupt, or is associated with a criminal offense/misconduct or fraud.
  6. Members of the council are entitled to allowances from the government.
  7. The council has the power to manage and make rules for the Commission
  8. The Commission shall formulate policies for education, prepare schemes that promote social welfare, uplift the general welfare, make available 5% workforce, establish and promote inclusive schools, ensure interest, issue a symbol, enforce compliance on public buildings, receive complaints, support, ensure research, collaboration, and procure assistive devices for persons with disabilities.
  9. The Commission has the power to engage in lawful transactions.

PART 8
APPOINTMENT AND DUTIES OF THE EXECUTIVE SECRETARY AND OTHER STAFF

  1. The Executive Secretary of the National Commission for
    Persons With Disabilities must be a person with a disability who is knowledgeable and will also be responsible to the council in execution of policies and administration of the commission.
  2. The council shall be involved in the appointment of competent staff for efficient service delivery in the commission.
  3. Appointment into the commission can be direct or through secondment. The employee under secondment is entitled to every benefit accruable under public service rule e.g pension.
  4. There shall be established heads of various departments in the commission.
  5. All staff of the disability commission shall be entitled to the provisions in the Pension Reform Acts which include gratuity, Pension, and retirement benefits.
  6. A financial channel shall be established for all monetary transactions in the commission and it shall be open to both internal and external auditing.
  7. The commission shall have the power to accept a gift.
  8.  The commission shall have the power to borrow money.
  9. All financial accounts and assets of the commission are properly kept and recorded.
  10. All accounts, financial transaction records, and assets shall be inspected and audited by the Auditor General for the federation, and notify the Secretary to the government of the federation of any irregularities.
  11. Submission of the commission's annual activities report and a copy of its audited report not later than 30th of June to the secretary to the government of the federation and sent to National Assembly.
  12. Power to own a land.

PART 9

MISCELLANEOUS PROVISIONS

  1. All summons, notices, etc sent to the commission shall be addressed to the Executive Secretary through a registered post.
  2. Every judgment awarded against the commission shall be paid from the commission's fund.
  3. All council members, Executive secretary, and staff of the commission shall be insured against any judgment in his or her favor.
  4. No waivers of proof of special damages.
  5. The council may carry out full regulations of the provisions in the Acts.

The Disability Act is a document used to enforce and advocate for the rights of all persons with disabilities in Nigeria. It is however important to note that this easy-to-read version is not a legal document. Therefore, kindly refer to the Discrimination Against Persons With Disabilities (Prohibition) Act, 2018 when citing chapters.

5 Comments

  1. The disability act is enacted to protect the physically challenge person., So let us the act to protect the interest of JONAPWDS member.

  2. This is a good development in the direction of the vulnerable segment of the society. I have been with spinal cord injury for almost 45 years now. We thanked GOD that we are having laws that protect us now. I studied and worked under constant oppression from colleagues.

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