Provisions on Discrimination, Accessibility in Health Care

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This week we continue looking at the provisions under Part III, which underscores on the rights of persons with disabilities and places obligations on Government and other stakeholders to ensure that those rights are enjoyed by persons with disabilities. 

Article 25, in particular, focuses on prohibition or discrimination in health care institutions. The Article reads: (1) No person shall be denied access to health care services in any health establishment or be charged a higher fee for any such services, on the grounds of disability. Any person who contravenes sub section (1) shall be guilty of an offense and shall be liable, in the case of an individual, to a fine of K100, 000.00 and imprisonment for five years; or in the case of a body corporate, organization or association, to a fine of one million Kwacha.

Article 25(3) stipulates that not withstanding the provisions of sub section (2), a court may, in addition to any penalty imposed on a person convicted, order in the case of an individual, revocation of a licence to practice the person’s profession; or in the case of a body corporate, organization or association, revocation of a business permit or licence in respect thereof.

Article 26 provides for accessibility with a view of enabling persons with disabilities to live independently and participate fully in all aspects of life. Sub-section (1) places an obligation on Government to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others,  to the physical environment, transportation, information and communications, including information and communications technologies and systems, and  other facilities and services open or provided to the public, both in urban and in rural areas.

In particular, the Government shall (a) develop, promulgate and monitor the implementation of universal standards and guidelines for the accessibility of all facilities and services open or provided to the public; (b) ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities; (c) provide in buildings and other facilities open to the public information in accessible format; (d) provide forms of assistance and intermediaries; (e) ensure the attainment of a barrier free environment that will enable persons with disabilities to have access to public and private buildings and establishments and such other places in line with the Universal Design.

The Bill, under the same section, also provides for certification of architectural drawings for public and institutional buildings shall comply with the standards of universal designs; promotion of other appropriate forms of assistance and support to persons with disabilities to ensure their access to information, communication technologies and systems, including the Internet at affordable cost; and development of Malawi sign language as a natural language for persons with hearing impairment and recognize it as an official language.

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