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LOI PORTANT PROTECTION ET PROMOTION DES PERSONNES HANDICAPEES |
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REPUBLIC OF CAMEROUN PEACE – WORK- FATHERLAND --------------- ---------------- LAW No. 2010/002 OF 13 AVR 2010RELATING TO PROTECTION AND WELFAREOF PERSONS WITH DISABILITIES : The National Assembly deliberated and adopted, the President of the Republic hereby enacts the law set out below:
CHAPTER 1GENERAL PROVISIONS SECTION I . This law relates to the protection and welfare of persons with disabilities. In this respect, it aims at:- The prevention of disabilities;- Social, economic and psychological rehabilitation and integration of persons with disabilities;- Promotion of national solidarity in favor of persons with disabilities.SECTION 2 . For the purpose of this law, the following definitions shall apply:- Disability: limitation of a person’s ability, due to a deficiency, to fully participate in an activity in a given environment;- Person with disability : any person who is unable to fulfil by themselves all or part of the requirements of a normal personal or social life, as a result of a physical or mental disability, be it of birth or otherwise;- Deficiency: any loss or impairment of a psychological, physiological or anatomic function or structure;- Inability: any temporary, partial or total loss of the capacity to carry out an activity in a given manner ort within the limits considered as normal for a human being;- Invalidity: the state of a person whose ability to work, due to physical or mental defects, is permanently reduced and is evaluated in terms of percentage;- Infirmity: the situation of a person whose organ or limb is amputated or defective due to congenital or other reasons;SECTION 3 . The term” person with disability” shall apply to the following: persons with physical, mental and multiple disabilities. Persons with physical disabilities : Motor disability1. Persons with sensory disabilities: Blind, Partially Sighted, Deaf, Deaf and Dumb, Dumb, Hard of hearing.2. Persons with Mental disability: mentally retarded people, autistic persons, persons with cerebral palsy, Mongols, persons with microcephal, and macrocephaly, persons with psychiatric and epileptic disorders.3. Persons with multiple disabilities: this group comprises people with more than one disability.SECTION 4 . (1) A deficiency shall be established by a qualified physician who shall issue a special medical certificate free of charge. (2) The special medical certificate shall specify the nature of the deficiency, as well as the corresponding inability or invalidity percentage. (3) Conditions for the issuance of the special medical certificate shall be defined by regulation.SECTION 5 . (1) The prevention of disabilities, and the psychological, social and economic rehabilitation and integration of persons with disabilities shall be an obligation of national solidarity. (2) The state, families physical or corporate persons shall pool their efforts to put into effect the obligation referred to in paragraph (1) above. (3) The parties referred to in section 5 (2) above shall provide persons with disabilities access to integration and upkeep in a normal working and living environment. CHAPTER IIPREVENTION OF DISABILITIES SECTION 6 . (1) prevention shall mean any action whose purpose is to avoid the occurrence of motor, sensor and/or mental deficiencies or reduce functional limitations. (2) The following actions shall be considered as measure of prevention:· Medical prevention ;· Social prevention. I. MEDICAL PREVENTION SECTION 7. Medical prevention shall comprise:· measures to combat endemic diseases;· premarital, prenatal and postnatal medical examinations;· medical examinations in workplaces.SECTION 8. The State , Regional and Local Authorities shall guarantee access to immunization and take every measure to ensure heath education and public sanitation in order to prevent the occurrence of disabilities.SECTION 9. (1) Future spouses shall be bound to carry out premarital medical examinations. (2) Parents shall be bound to ensure the immunization and premarital, prenatal and postnatal medical examinations of their children. (3) During premarital, prenatal and postnatal medical examinations, the medical staff shall systematically screen for any disability and inform the persons concerned about the results and the medical action to be taken. They shall refer the persons concerned, where necessary, to social services.SECTION 10 . Families, schools, health Institutions as well as public or private structures that detect any disability must inform the closest social services, with a view to taking care of the said disability.SECTION 11 . Systematic medical examinations of pupils, students and workers must be conducted every year with a view to detecting disability. II. SOCIAL PREVENTIONSECTION 12 . Social prevention shall comprise: - Safety measures aimed at preventing accidents in various environments; - Prevention of deficiencies resulting from environmental pollution and armed conflicts;SECTION 13 . The State, Regional and Local Authorities shall organize information, education and communication campaigns with a view to preventing disabling diseases.SECTION 14 . Regional and Local Authorities as well as public and private services shall take hygiene, safety measures at work, and living places to avoid an accident that may cause or aggravate a deficiency.SECTION 15 . The State, Regional and Local Authorities shall take all necessary measures to prevent disabilities due to : - Domestic violence; - Construction of public buildings; - Environmental pollution; - Natural disasters; - Railway, road, air and maritime transport; - Armed conflicts; - Violence of any nature. CHAPTER IIIREHABILITATION OF PERSONS WITH DISABILITIES SECTION 16. (1) Rehabilitation shall be aimed at enabling persons with disabilities to attain or maintain an optimal physical, sensory, intellectual and psychological functional level and, as such, at providing them with the means to acquire greater autonomy. It shall comprise: - Psychosocial support to persons with disabilities; - Medical rehabilitation and functional therapy of persons with disabilities; - Special education for persons with disabilities. I. PSYCHOSOCIAL SUPPORT TO PERSONS WITH DISABILITIESSECTION 17. Psychosocial support shall aim at strengthening psychological capacity, developing self-esteem, and at strengthening relations with the living environment in order to reconcile persons with disabilities with themselves and with their environment.SECTION 18 . Social workers shall be responsible for the coordination of all actions leading to psychological support to persons with disabilities.SECTION 19. (1) Destitute persons with disabilities who cannot afford minimum autonomy and whose heath status requires constant medical supervision and care shall receive a disability allowance. The amount and allocation conditions of such allowance shall be fixed by regulation. (2) In case of incompatibility with normal family life, the persons referred to in Section 19 (1) above shall, exceptionally and provisionally, be placed in specialized institutions. (3) For the case s referred to in Section 19 (1) and (2) above, the family shall be entitled to social and technical assistance. II- MEDICAL REHABILITATION AND FUNCTIONAL THERAPY OF PERSONS WITH DISABILITIESSECTION 20. Medical rehabilitation and functional therapy shall notably involve orthopedic surgery, ergotherapy, prosthetics and the practice of physical activities and sports.SECTION 21. (1) The State, Regional and Local Authorities, civil society and, if need be, international organizations shall set up institutions for the medical rehabilitation and functional therapy of persons with disabilities. (2) Conditions for the setting up, organization and functioning of the said institutions shall be fixed by regulation.SECTION 22. (1) Persons with disabilities recognized as destitute and who are holder of a national disability card as provided for in section 41 below shall, for their medical and functional rehabilitation, receive full or partial medical care from the State in specialized institutions or public or private heath institutions. (2) The medical care provided for in sub-section (1) above shall comprise consultations, medical tests, x-ray or medical imagery, hospitalization, heath referral and the purchase of certain drugs. (3) Conditions for receiving the medical care provided for in sub-sections (1) and (2) above shall be fixed by regulation.SECTION 23. (1) The State shall subsidize certain products and materials intended for the treatment of specific pathologies or functional therapy. (2) The conditions for the application of the provisions of sub-section 1 above shall be laid down by a separate instrument. III. SPECIAL EDUCATION FOR PERSONS WITH DISABILITIESSECTION 24. Special education shall consist in initiating persons with physical, sensory, mental and multiple disabilities to appropriate communication methods in order to have access to normal general education and, later on, to vocational training.SECTION 25. (1) The State, Regional and Local Authorities, civil society and possibly international organizations shall set up integrative educational structures and schools for the training of trainers according to types of disability. (2) The conditions for setting up, organizing and operating such structures shall be laid down by regulation. SECTION 26. (1) The State, Regional and Local Authorities, civil society shall provide initial and further training for staff specialized in the training of persons with disabilities. (2) The State shall subsidize the acquisition of teaching aids to be used in training persons with disabilities with special education needs. CHAPTER IVSOCIO-ECONOMIC INTEGRATION OF PERSONS WITH DISABILITIES SECTION 27. (1) Integration shall concern any social or economic measure that guarantees the participation of persons with disabilities in social life. (2) The state shall encourage the presence of persons with disabilities in various bodies of social-economic integration of persons with disabilities shall comprise: - Access to education and vocational training; - Access to information and participation in cultural activities; - Access to infrastructure, housing and transport; - Participation in sports and leisure activities; - Access to employment. I. ACCESS TO EDUCATION AND VOCATIONAL TRAININGSECTION 28. The State shall take specific measure to guarantee persons with disabilities access to education and vocational training.Such measure shall include:- Providing for their material and financial needs;- Pedagogic support.SECTION 29. (1) The State shall contribute to the coverage of the expenses for the education and initial vocational training of the destitute pupils and students with disabilities. (2) Such cover shall entail total or partial exemption from the payment of school or university fees and the award of scholarships. (3) The cover referred to in sub-section (1) and (2) above shall also concern children born of destitute parents with disabilities.SECTION 30. Children and adolescents suffering from any disability shall be entitled to conditions for education and apprenticeship adapted to their situation.SECTION 31. Pupils and students with disabilities shall be entitled to special conditions, notably age waiver, assignment of suitable teaching aids and specialized teachers. II. ACCESS TO INFORMATION AND PARTICIPATION IN CULTURAL ACTIVITIESSECTION 32. The State, Regional and Local Authorities and civil society shall take all necessary measures to facilitate: - Access by persons with disabilities to information and communication technologies; - The participation of persons with disabilities in productions and artistic works; - Access of persons with disabilities to equipment, activities and culture-related trades. III. ACCESS TO INFRASTRUCTURE, HOUSING AND TRANSPORTSECTION 33. (1) Government and private building and institutions open to the public shall be designed such as to facilitate access and use by persons with disabilities. (2) When carrying out renovation or major transformation works on buildings, existing government or private buildings and facilities open to the public shall be refurbished such as to facilitate access and use by persons with disabilities. (3) The authorization to build or use a house shall be subject to complying with the provisions of sub-sections (1) and (2) above. (4) The construction of passages shall take into consideration facilities reserved for persons with disabilities.SECTION 34. The State, Regional and Local Authorities and civil society shall take measures to give persons with disabilities preferential access to low-cost housing. SECTION 35. (1) Persons with disabilities who are holders of a national disability card shall be entitled to preferential treatment in public and private transport, in particular: - Reduction in transport fare; - Priority during embarking and disembarking; - Reserved seats. (2) The conditions for the application of sub-section (1) above shall be laid down by regulation. IV- PARTICIPATION IN SPORT AND LEISURE ACTIVITIESSECTION 36. The State, Regional and Local Authorities and civil society shall take all necessary measures to encourage the participation of persons with disabilities in sports and leisure activities and shall organize their participation in international competitions.SECTION 37. A sport and physical education programme for persons with disabilities shall be included in the school and university systems. V. ACCESS OF PERSONS WITH DISABILITIES TO EMPLOYMENTSECTION 38. (1) Persons with disabilities with a vocational training or general education shall be entitled to preferential treatment, in particular, through an age waiver during recruitment into government or private jobs when compatible with their condition. (2) With equal qualifications, priority in recruitment shall be given to persons with disabilities. However, they way only be subjected to test that are compatible with their condition. (3) Under no circumstance, whatsoever, shall a disability be a reason for rejecting their application or discriminating against them. SECTION 39. (1) Persons with disabilities who on account of the seriousness of their disability, cannot withstand normal conditions of work, in a natural setting shall be entitled to protected employment. (2) Protected employment shall mean a work station arranged by taking into account the functional possibilities and the performance capacities of the persons with disabilities.SECTION 40. (1) The State, Regional and Local Authorities and civil society shall encourage persons with disabilities to set up private enterprises and cooperatives. (2) Persons with disabilities shall be encouraged through: - tax and customs duty waivers granted ,as the case may be, and upon the proposal of the Minister in charge of Social Affairs; - the granting of business start-up assistance; - assignment of technical trainers; - loan guarantee and technical support government development organizations, particularly within the framework of project studies and monitoring. (3) Agreements signed between the parties referred to in sub-sections (1) and (2) above and the Minister in charge of Social Affairs shall define the terms of their partnership. CHAPTER VSPECIAL PROVISIONS SECTION 41. A national disability card shall be instituted for persons with disabilities the conditions of establishment and issuance of which shall be laid down by regulation. SECTION 42. The coverage costs of the following activities shall be borne through national solidarity: - Financial costs of education and initial vocational training; - Compensation for the coverage of medical costs and tax adjustments provided for in Section 40 above; - The disability, allowance provided for in Section 19 above; - Housing assistance; - Subsidies to private organizations involved in the training of persons with disabilities. - Support for the creation of works of art; - Support for the construction of equipment and infrastructure suitable for persons with disabilities; - Support for special education; - Support for rehabilitation and functional therapy; - Support for the equipping of work stations for persons with disabilities; - All other activities falling under national solidarity. CHAPTER VIPENAL PROVISIONS SECTION 43. Whoever:a) Unduly issues a national disability card;b) Issues a fake document giving rise to the benefits allowed for persons with disabilities;Shall be punished with imprisonment for from 3 (three) months to 3 (three) years and fine of from 50 000 (fifty thousand) to 500 000 (five hundred thousands) CFA francs. SECTION 44. The penalties provided for in section 43 above shall apply to whoever: a) Causes the establishment of fake national disability card for his personal use; b) Feigns a disability in to attract the generosity or play over the intelligence or a third party; c) Having the means of subsistence or being able to find work for himself, begs for charity wherever it may be.SECTION 45. Officials of school, vocational university institutions, employers or corporate managers guilty of discrimination in the admission, recruitment or pay of persons with disabilities shall be punished with imprisonment for from 3 (three) to 6 (six) months and fine of from 100.000 (one hundred thousand) to 1.000.000 (one million) Cfa francs.SECTION 46. Whoever refuses to provide a service due to a person with disability in accordance with these enabling instruments shall be punished with the penalties set forth in Section 242 of the Penal Code.CHAPTER VIIFINAL PROVISIONS SECTION 47. Specific statutory instruments shall, as and when necessary, lay down the conditions for the application of this law.SECTION 48. This law, which repeals all previsions repugnant thereto, shall be registered, published according to procedure of urgency and inserted in the Official Gazette in English and French. YAOUNDE 13 AVR 2010
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