Ghana – Persons With Disability Act, 2006

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THE SEVEN HUNDRED AND FIFTEENTH ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED:

PERSONS WITH DISABILITY ACT, 2006

AN ACT to provide for persons with disability, to establish a National Council on Persons with Disability and to provide for related matters.

DATE OF ASSENT: 9th August, 2006 ENACTED by the President and Parliament

ARRANGEMENT OF SECTIONS

Rights of persons with disability

  1. Right to family life and social activities
  2. Differential treatment in respect of residence
  3. Living conditions in specialised establishments
  4. Exploitation of and discrimination against a person with disability
  5. Party to judicial proceedings
  6. Access to public places
  7. Access to public services
  8. Penalty for contravention

Employment of persons with disability

  1. Public employment centers
  2. Promotion of employment of persons with disability
  3. Provision of tools
  4. Posting, transfer and redeployment if person with disability
  5. Appropriate training for the unemployed person with disability
  6. Rehabilitation Centres
  7. Community based rehabilitation

Education of persons with disability

  1. Education of a child with disability
  2. Facilities and equipment in education institutions
  3. Free education and special schools
  4. Appropriate training for basic school graduates
  5. Refusal of admission on account of disability
  6. Special education in Technical, Vocational and Teacher Training Institutions
  7. Library Facilities

Transportation

  1. Integration of needs of persons with disability
  2. Importation of non-conventional vehicles
  3. A person with disability as a pedestrian
  4. Parking places for persons with disability
  5. Ownership of driving license
  6. Facilities at port terminals
  7. Reserve seats on vehicles
  8. Contravention of Sections 25 and 29

Health-care and facilities

  1. Medical treatment
  2. Training of health professionals
  3. Health programmes
  4. Periodic screening of children
  5. Establishment of assessment centers

Miscellaneous Provisions

  1. Incentive for manufacturers of technical aids and appliances
  2. Derogatory Names
  3. Access to sporting events, festivals and cultural activities
  4. Participation in national activities
  5. Law enforcement and persons with disability

Establishment and functions of National Council on Persons with Disability

  1. Establishment of National Council on Persons with Disability
  2. Object and functions of the Council
  3. Governing body of the Council
  4. Tenure of office of members
  5. Meetings of the Board
  6. Disclosure if interest by a Board Member
  7. Appointment of Committees
  8. Allowances of members
  9. Regional and district offices
  10. Register

Administrative and financial provisions

  1. Executive Secretary
  2. Functions of the Executive Secretary
  3. Appointment of other staff
  4. Delegation of power of appointment
  5. Funds of the Council
  6. Accounts and audit
  7. Annual report and other reports
  8. Regulations
  9. Interpretation
  10. Transitional provisions

Rights of persons with disability

1. Right to family life and social activities

A person with disability shall not be deprived of the right to live with that person’s family or the right to participate in social, political, economic, creative or recreational activities.

2. Differential treatment in respect of residence

Except as otherwise required by the condition or the need for improvement of a person with disability, a person shall not subject a person with disability to differential; treatment in respect of residence.

3. Living conditions in specialized establishments

Where a person with disability has to be put in a specialised establishment, the environment and living conditions of the establishment shall, except as otherwise required by the condition of the person with disability, be as close as possible to those of a person without disability of the same age as the person with disability.

4. Exploitation of and discrimination against a person with disability

(1) A person shall not discriminate against, exploit or subject a person with disability to abusive or degrading treatment.

(2) An employer shall not discriminate against a prospective employee or an employee on grounds of disability unless the disability is is=n respect of the relevant employment.

5. Persons With Disability Act, 2006 Act 715 Party to judicial proceedings

Where a person with disability is a party in judicial proceedings, the adjudicating body shall take into account the condition of the person with disability and provide appropriate facilities that enable the person with disability to participate effectively in the proceedings.

6. Access to public places

The owner or occupier of a place to which the public has access shall provide appropriate facilities that make the place accessible to and available for use by a person with disability.

7. Access to public services

A person who provides service to the public shall put in place the necessary facilities that make the service available and accessible to a person with disability.

8. Penalty for contravention

A person who contravenes Section 1, 2, 4, 6, or 7 commits an offence and is liable on summary conviction to a fine not exceeding fifty penalty units or to a term of imprisonment not exceeding three months or to both.

Employment of persons with disability

9. Public employment centres

The Ministry shall through the public employment centres, assist to secure jobs for persons with disability.

10. Promotion of employment of persons with disability

(1) The Government shall grant a person who employs a person with disability an annual tax rebate of the taxable income in respect of each person with disability employed as shall be prescribed in Regulations made under this Act.

(2) The Government shall grant special incentives to persons with disability engaged in business and also to business organizations that employ persons with disability.

11. A person who employs a person with disability shall provide

  1. the relevant working tools, and
  2. appropriate facilities
    required by the person with disability for the efficient performance of the functions required by the employment.

12. Posting, transfer and redeployment of person with disability

(1) An employer shall not post or transfer a person with disability to a Section or place of the establishment not suited for the person.

(2) Where a person in employment suffers a disability as a result of the employment, the employer shall counsel, re-train and re-deploy the person to another Sections more suited to the person with disability and this shall be in addition to any other relief which the employee is entitled to under the Workmen’s Compensation Law, 1987 (PNDCL 187).