CHAPTER I
THE PROBLEM AND ITS BACKGROUND
Introduction
Under Republic Act (RA) 7277, the Philippine government acknowledges that
people with disabilities deserve care (Philippine Congress, 1992). This law is a
landmark for the rehabilitation of PWDs in the Philippines. It is also known as the Magna
Carta for Disabled Persons and was later renamed the Magna Carta for Persons with
Disability (PWD) by RA 9442. The issue that PWDs are seen as unproductive, a liability,
a cause of suffering, and a possible health risk to others was acknowledged by the
statute. Given this, it is the responsibility of the government and grassroots
organizations to uphold the rights and advance the welfare of PWDs in order to help
them become contributing members of society.
The Magna Carta guarantees workplace equality. It states that no one with a
disability will be denied the opportunity to pursue suitable employment. In other words, a
qualified employee with a disability must adhere to the same rules and regulations. The
eligible disabled individual shall also get the same pay, privileges, benefits, fringe
benefits, incentives, or allowances. According to the RA 10754, individuals with
disabilities (PWDs) are those who have long-term physical, mental, intellectual, or
sensory impairments that, when combined with other obstacles, may prevent them from
fully and equally participating in society.
Job discrimination is one of the discrimination problems that PWDs experience.
Policies must be put in place to ensure that people with disabilities have access to
employment opportunities and enjoy the same rights as others in terms of the working
environment and compensation. The NCDA official stated, for instance, that "PWDs
cannot find work. Would a management of a business choose to recruit a person with a
disability over an able-bodied candidate? Given this situation, we are making every
effort to assist PWDs in finding employment by enforcing anti-discrimination laws on
them. This is not dissimilar to the circumstances described, in which the US disability
services system fails to assist PWDs in finding quality employment. There should be
equal opportunity for employment, according to RA 7277. Employers receive tax perks.
There is no legal requirement that a certain percentage of employees at private
companies must be PWDs, despite RA 10524's rule that PWDs make up 1% of the
workforce at government organizations. A minimum of 1% of all positions must be
reserved for people with disabilities, according to a 2012 law passed by the Philippine
Congress.
Along with the Magna Carta, Republic Act 10070, which established the Persons
with Disabilities Affairs Office (PDAO), gave the latter the responsibility of developing
and carrying out PWD welfare policies in collaboration with other government agencies.
Magna Carta and Republic Act 10070 provide a solid legal foundation for the creation of
PWD policy. So that the welfare of PWDs will be prioritized in the Philippines, policies
must be regularly produced, reviewed, examined, and implemented. PDAO offices are
typically created under social services in each municipality. Depending on the
requirements of its constituents, each office sets its own objectives and initiatives.
Many people with disabilities (PWD) come from the most underprivileged parts of
society, and both their poverty and their handicap significantly restrict their capacity to
find employment. Most studies conducted in developing nations claimed that PWDs had
lower rates of employment and educational attainment than people without disabilities.
People with disabilities have known from an early age that they may face prejudice in
their pursuit of education, training, and work. Such insecurities encourage a sense of
conservative self-limitation, which over time may have a detrimental effect on their
employment and professional objectives.
People with impairments are also more prone to psychological issues including
low self-esteem and poor self-concept, which make it harder for them to find work.
They discovered that those who have trouble seeing or hearing have the greatest
labor force participation rate, followed by those who have trouble thinking clearly and
moving around easily. Self-care difficulties account for the lowest. However, among the
disabled population, those with hearing and visual issues had the highest employment
rates, followed by those with mobility issues, cognitive issues, and self-care issues.
This study will be conducted to identify the lived experiences on employment of
person with disability of the City of Cauayan, Isabela.
Objectives of the Study
Generally, this is a study that will identify the lived experiences on employment of
person with disability of the City of Cauayan, Isabela.
Specifically, this study aims:
1. To explore the lived experiences of persons who are physically disabled
(orthopedic deficiency) who are either looking for employment or have
been working already in the city.
2. To identify the mobility and accessibility of persons with disability in
establishments both public and private buildings.
3. To propose a policy recommendation creating a council to monitor the
implementation of RA 7277 (Magna Carta for Disabled Persons) and BP
322 of 1982 (Accessibility Law)
Significance of the Study
The result of the conduct of this study will determine the attitude and traits of the
employed persons with disabilities and to how they are being socially accepted and
empowered. This will be also a significant study that will identify how the Magna Carta
of Disabled Person and the Accessibility are implemented among these member of the
workforce. It is also expected that through the conduct of this study status of compliance
and implementation of social legislations will be monitored.
Scope and Delimitation of the Study
The present study covers persons with disabilities who are having orthopedic
deficiency and who are employed within the territorial jurisdiction of the City of Cauayan
in either the government or private sector, identifying whether the Magna Carta for
Disabled Persons and the Accessibility Law are being complied and implemented to
them by their respective employers.
Definition of Terms
The following terms which were used in the conduct of this study were
operationally defined for better understanding:
Accessibility law a special law providing for minimum requirements and
standards to make buildings, facilities and utilities for public use accessible to disabled
persons
Lived Experiences a representation of the experiences and choices of a given
person, and the knowledge that they gain from these experiences and choices.
Magna Carta for Disabled Persons a social legislation enacted for the primary
reason that persons with disabilities have the same rights as other people.
Orthopedic Deficiency refers to the physical immobility issues that include, but
are not limited to amputation, paralysis, cerebral palsy, stroke, multiple sclerosis,
muscular dystrophy, arthritis, and spinal cord injury.
Persons with Disability all persons with disabilities including those who have
long-term physical, mental, intellectual or sensory impairments which, in interaction with
various attitudinal and environmental barriers, hinders their full and effective
participation in society on an equal basis with others