Persons with Disabilities Act No.11 of 2010 signed by President Bharrat Jagdeo on November 2, 2010
The Explanatory Memorandum in the bill states:
“(This Bill in effect spells out Article 149 of the Constitution in relation to protection from discrimination on the ground, in particular, of disability. The Bill is in consonance with the United Nations Convention on the Rights of Persons with Disabilities. It elevates a person with disability in so far as it is physically and otherwise practicable to the position of a person without disability.
“Part I of the Bill gives the short title, commencement and the interpretation to certain words used in the Bill and emphasises that the Act is in addition to and not in derogation of for instance, the Prevention of Discrimination Act 1997.
“Part III establishes a National Commission on Disabilities in relation to which the Schedule has effect with respect to the constitution, management and functions of the Commission.
“Part IV provides for the registration with the Commission of every person with a disability. Likewise an organization representing persons with disabilities shall register.
“Part V, Sub-Part I, provides for the rights of person with disabilities in relation to equal opportunity for employment.
A person with disability who feels discriminated [against] can complain to the Commission Chief Labour Officer and may take any other action to seek redress. The Minister responsible for labour; human services and social security; and youth, sports and culture shall design and implement programmes to provide persons with disabilities with skills and provide vocational measures to develop their skills to enable them to obtain employment. The Minister responsible for labour may provide “sheltered employment” for persons with disabilities.
“Sub-Part II of Part V provides that the Minister responsible for education shall in the national education programme ensure free primary and secondary education and trained teachers for persons with disabilities so that they are not excluded from the education system. The Minister shall ensure that special requirements of persons with disabilities are addressed when formulating educational policies and he shall promote the integration of the students with disabilities into the regular schools and learning institution. The Minister shall establish maintain an integrated system of special education of persons with disabilities.
“Sub-Part III of Part V deals with the national health programme for persons with disabilities. Health materials for persons with disabilities are not subject to tax. The Minister shall facilitate the rehabilitation of persons with disabilities and shall establish rehabilitation centres where they are necessary.
“Sub-Part IV of Part V enjoins the Minister responsible for housing and water to collaborate with the Commission to include provision to address accommodation and access to water for a registered person.
“Sub-Part V of Part V provides for auxiliary social services for person with disabilities.
“Sub-Part VI of Part V provides for sports and recreation whilst Sub-Part VII mandates every national television station to provide a sign language inset or subtitle in at least one of the news cast programmes daily.
“Sub-Part VIII of Part V deals with mobility for person with disabilities For instance, the Central Housing and Planning Authority is given a time frame within which it shall publish and enforce building codes and guidelines for the construction and renovation of buildings to allow barrier-free access to persons with disabilities.
“Sub-Part IX of Part V provides for the voting of persons with disabilities at national and local government elections. A person with disability will be allowed assistance by another person of his choice and the Guyana Elections Commission shall ensure barrier free polling stations or arrangements for persons with disabilities.
“Sub-Part X of Part V makes it a criminal offence for a parent to conceal a person with disability to deny that person the opportunities and services available under this Act.
“Part VI deals with miscellaneous matters. The Commission may take legal action where the Commission believes that discrimination is an infringement of the rights of persons with disabilities. It provides a general penalty where a person commits an offence proscribed by this Act for which no specific penalty has been prescribed. A person who is aggrieved by an act or omission of an employer in contravention of this Act, where that employer has been convicted, is entitled to apply to the Court convicting the employer for damages. The Minister responsible for the administration of this Act may make regulations for their respective subject areas.”
