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RIGHT OF DISABLED PERSON UNDER PERSONS WITH DISABILITIES ACT 2008: A
CASE STUDY IN THE STATE OF PERLIS.
Hirwan Jasbir Bin Jaafar, Harlida Abdul Wahab & Hamiza Omar
hirwan@unimap.edu.my
Persons with Disabilities (PWDs) have equal rights like other normal people. Therefore, this
study was carried out to identify the rights of PWDs under the Persons with Disabilities Act 2008
and its practice in the state of Perlis. Respondent for this research was ten people with disabilities
who were selected through purposive sampling. Data were collected through interviews
conducted with them. The results found that most of respondents are not aware of the existence
of their rights under the Persons with Disabilities Act 2008. Besides that all the respondents
agreed that these rights are not fully implemented in Perlis. Between the recommendations made
by the respondents in this study is an ongoing effort to increase awareness and understanding
throughout the community about the challenges they face and their needs. In addition, an
organization which responsible for PWDs is required for the purpose of expressing an impeller
their needs to the government to take actions that can help facilitate them to live as a normal
person.
Keywords: People With Disabilities, Persons With Disabilities Act 2008, Right Of People With
Disabilities.
1.0 Introduction
Disabilities People issue is no longer local issue, but it becomes world issue and because of that
the United Nations from a Resolution No. 47/3 dated October 14, 1992 has been proclaimed 3rd
December every year as the International Day of Disabled Persons (WHO). In response to the
wishes and interests of the PWDs in Malaysia, on May 16, 1994, the Government of Malaysia
has signed a proclamation that states that the Government of Malaysia is committed and ready to
give full commitment in providing equal rights and opportunities for all PWDs in their efforts to
improve the quality of life (Malaysian Department of Social welfare). On six July 2010, Datuk
Seri Sharizat Abdul Jalil, (Former Malaysian Minister of Women, Family and Community) has
represented the Government of Malaysia signed the instrument of ratification the Convention on
the Rights of Persons with Disabilities (PWDs). As a result, Persons with Disabilities Act 2008
has been enacted for safeguarding and protecting the rights of PWDs in Malaysia.
2.0 Background of the Study
According to the World Health Organization (WHO), 15 percent or represents more than
one billion people worldwide are PWDs. In Malaysia, the number of PWDs who are registered
with the Social Welfare Department in 2011 was a total of 359.203 people (Malaysian
Department of Social welfare). But the amount is estimated to be registered does not represent
the actual number of PWDs in Malaysia and is expected to be larger because PWDs registration
process conducted by the Department of Social Welfare is voluntary base.
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Freedom of Human rights has been stated in the Federal Constitution and the various acts
in Malaysia. For example, Article 6 prohibits anyone to force others into slave labor. This means
no one is allowed to force others to work for him. Every man is free to move and do anything
legally. This means that even if a person with disabilities also is being given protection under the
law in Malaysia. Moreover, every person is entitled to move anywhere and have the property as
much as affordable as long the property is acquired without breaking the law. Based on the
provisions of the Constitution, equal rights granted to any person living in our country.
A right of PWDs in Malaysia has been recognized by introduction of Persons with Disabilities
Act 2008. This Act was past by Parliament on 24 December 2007 and was gazette on 24 January
2008 and came into force on July 7, 2008 (Department of Social Welfare). Persons with
Disabilities Act 2008 has given a new chapter for the people with disabilities when this act give a
recognition to the rights of the PWDs and the welfare concept has been change to the concept of
"right-based" (Department of Social Welfare). The act also allows PWDs to have the right
equalization of opportunities and full participation in society on par with other members of
society.
5.0 Problem Statement
PWDs are entitled to enjoy their human rights as normal person such as the right to work,
the right to enjoy public facilities and rights of equality before the law. As such, researchers have
identified three major problems faced by the PWDs relative to the law. The first problem is about
PWDs awareness of their rights under Persons With Disabilities Act 2008. Not many of them
know the existence of protection against their rights under the Persons With Disabilities Act
2008. Generally, people are not aware the existence of the law because there is no reason for
them to gain the knowledge. Furthermore the absence of information openness policy that drives
them to take out about a law (Shaikh Mohamed Noordin, 2009). The failure of an individual to
know the existence of laws can cause their rights being denied.
The second problem is about the implementation of the PWDs rights under Persons With
Disabilities Act 2008. Some provisions under Persons With Disabilities Act 2008 provides for
the rights of PWDs, such as access to public utilities, transportation, education, recreation and so
on, but the question is whether these rights has been aware by the community or not? For
example, almost all buses in Perlis did not have facilities for PWDs to gain access. This type of
unawareness becomes a problem to the PWDs.
Thirdly is about the enforcement of the PWDs Act 2008. There a few questions has been
asked especially about whom will lead or in charge the enforcement of this act? The issues are
still debates and under Persons With Disabilities Act 2008, MAJLIS has been appointed to be
care taker but the problem is about their empowerment. Do they have power to convict any
person who breach the Persons With Disabilities Act 2008 or abuse the law? The answer is no,
so the next question is who will be liable. For example, parking facilities for the PWDs are
available in a supermarket, but if it is misused, who is responsible for taking the action? Hence
the enforcement problem came into one factor of people failure to respect the rights of PWDs.
6.0 Research Question
6.1 What are the rights of PWDs through the Persons with Disabilities 2008?
6.2 Are the rights of the disabled people protected in the state of Perlis?
6.3 What improvement measures to ensure that existing laws are observed and enforced?
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7.0 Research Objective
7.1 To study the rights of PWDs through Persons With Disabilities Act 2008
7.2 To study the practices of PWDs rights in the state of Perlis
7.3 To propose a recommendation to improve the law existing to protect the rights of
PWDs in State Of Perlis.
8.0 Literature Review
Every human being in this world is born with the right to enjoy life same as others. These rights
came without any differentiated colour nor the completeness of the angle defect. Therefore,
every human being should be given equal rights without any conditions.
The Development Of The Rights Of Persons With Disabilities In Malaysia
The development of PWDs rights in Malaysia is closely related to the development of the rights
of PWDs at the international level. The UN has approved a resolution No. 47/3 on 14 October
1992, which states every year on 3rd December, was declared as PWDs Days (Social Welfare
Department of Malaysia). In this regard, the Malaysian Government also signed the
Proclamation Full Participation and Equalization opportunities for PWDs in Asia and the Pacific
on 16 May 1994 in conjunction with the United Nations Decade for PWDs in Asia and the
Pacific, 1993-2002. The declaration gives an opportunity for PWDs in Malaysia to enjoy their
life through improvement the quality of life, including adequate facilities and raise awareness
among the community to give the same rights to them (Lau Poh Li, Ahmad Muhammad & Chew
Fong Peng, 2011).
The importance of protecting the rights of PWDs continues developed by the UN when they
recognized and adapted the Convention of the Rights of Persons with Disabilities on 13
December 2006. 147 countries have signed the Convention, including Malaysia which has signed
it on 8 April 2008. Malaysia seeks to enhance the comprehensive and balanced development to
all members of its community. Therefore, equal opportunities for PWDs are also emphasized in
the implementation of Government policy. To proof the effort of this in November 2007, Persons
with Disabilities Act was past in Parliament and gazette as persons With Disabilities Act 2008 on
24 January 2008. The Act aims to provide for the registration, protection, rehabilitation,
development, and well-being of the disabled
THE RIGHTS OF DISABLED PERSONS IN MALAYSIA
Freedom of human rights especially to enjoy a normal life irrespective of the position set out in
the Federal Constitution and other variety act in Malaysia. Every human being is free to move
and do anything since it is not against the law as set out in Article 5 of the Federal Constitution.
In fact, Article 8 provides that everybody is given equal protection rights in law regardless of
one's position. This means that even if PWDs, they were given protection under the law in
Malaysia. In fact, through article 9 and 13 of the Federal Constitution, each person also has the
right to move anywhere and have the property as much as you can afford since the property is
acquired without breaking the law.
RIGHT OF PWDs UNDER PERSONS WITH DISABILITIES ACT 2008
All PWDs is entitled to register with the Social Welfare Department of Malaysia which has been
stated in section 21 and 22 of Persons with Disabilities Act 2008. When a person is registered as
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PWDs, they will receive a card that entitles them to get all PWDs benefits (Section 25 of the
PWDs Act 2008). Based on Persons with Disabilities Act 2008 there are certain rights of PWDs
has been provided in Part IV included section 26 until section 40. These sections are divided into
five chapters as follow:
Chapter 1 - Accessibility
Chapter 2 - Habilitation And Rehabilitation
Chapter 3 - Health
Chapter 4 - Protection of Persons with severe disabilities
Chapter 5 - Situations of Risk And Humanitarian Emergencies
Chapter 1 - Accessibility
Chapter 1 contains seven sections starting from section 26 until section 32. All section provides
the freedom of right to gain access all facilities and services available in Malaysia. Section 26
provides that PWDs has a right to gain access such facilities, services and public buildings as
long as they do not endanger themselves. That means they could not be prohibited from using
any existing facilities or to enter any premises as long as it is allowed by applicable
laws. Section 27 also provides the right for PWDs to use any public facilities as other people. It
means that the company who operating the public service should provide facilities that can
provides comfortable for PWDs to use the public facilities. Although they live not as a normal
person, they also have right to get education same with other people based on section 28. They
cannot be denied or marginalized gaining access to quality learning and educational aid equal to
a normal human.
Section 29 also provides rights to find jobs and services equivalent to a normal employee.
Employers should provide equal space for the PWDs based on their own shortcomings.
Employers must provide facilities to help PWDs to perform the duties as other employees in the
workplace, and equal promotion and so on. PWDs also have the freedom to get and use
information, communication and technology under section 30. It means that the government and
the private sector should facilitate on communication modes and formats so that they can us
it. An addition of section 31 and section 32 provides rights for PWDs to gain access cultural life
and sports and recreation as a normal person.
Chapter 2 - Habilitation And Rehabilitation
In this chapter, section 33 provides training and health care facilities required by PWDs to
maintain their ability to be independent. This facility will also be extended to residential homes
and other community support based on section 33.
Chapter 3 – Health
In chapter 3, section 35 provides PWDs rights to get health facilities on par with other normal
people. Section 36 also provides ongoing health care to prevent the occurrence of further
disability. For agencies or non-governmental organizations which have institutional care for
PWDs, each institution must employ therapists to help PWDs to recover their ability to manage
their life as a normal human being.
Chapter 4 - Protection Of Persons with severe disabilities
PWDs who have severe disabilities, they also get their lifelong protection pursuant under section
38.
Chapter 5 - Situations Of Risk And Humanitarian Emergencies
When there is an emergency or natural disaster, PWDs are also entitled to assistance and
protection as the equivalent of a normal person under section 40. Persons with Disabilities Act
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2008 give a strong emphasis on the protection of rights for PWDs in Malaysia. A total of 15
sections lead to the protection of the PWDs quality of life preserved.
Practices Of PWDs Rights In States Of Perlis.
From what researchers have done, there is no research has been found on PWDs rights
practices in Perlis and it could even be said almost no research has been done at the level of
Malaysia. However, there are few studies done to see the requirements and needs of the PWDs in
Malaysia. Hasnah Toran , etl. (2009) has conducted a study about a relevant public support and
barriers faced by students with disabilities in one of higher learning institution in Malaysia, they
found that, although the Person With Disabilities Act 2008 has set aside the rights of PWDs
should be respected, the people responsibilities to practice it very low. Almost all respondents in
the survey agreed that due to lack of knowledge about the PWDs, people will not respect the
rights of the disabled. Another study in 2010, Hasnah Toran, etl. stated that student willingness
to help disabled students is very high because they understand the problems faced by disabled
students. This means that awareness is important to ensure the rights of disabled people are being
respected and get a proper attention.
Outside Malaysia, Trinklin & Hall (1999) in their research stated that disabled students
face an obstacle during their study based on four sources which are physical environment, the
process of admission to centers of higher education, access to information during learning and a
low level of awareness between students and university staff . Konur (2000) supports Trinklin &
Hall finding when he found that disabled students in the United Kingdom (UK) face the problem
of discrimination at all levels of study from the admission process until graduation. Although in
the UK there are Discrimination Disabilities Act of 1995, but the issues of practice still could not
be able to do based on the two studies that have been done above. However Chris J. Jackson,
Furnham and Kate Willem Andrian (2000) also conducted a study in the UK to see how far
employers are willing to change the rules in the recruitment process based on "Disability
Discrimination Act 1995". The results of their study found that the employers who involved in
the study agreed to change their selection process so that the process will be done according to
the requirements of "Disability Discrimination Act 1995." But the study only focused on the
attitudes, knowledge and willingness employer to change according to the act and do not see the
reality of practice in their organization.
For the conclusion, even though there is a law that has been made to protect PWDs right,
people awareness in this matter still being a main obstacle for PWDs to enjoy their right and
being respected.
7.0 THE IMPORTANCE OF RESEARCH
The importance of this study generally gives effect to the two parties, the stakeholders and the
PWDs itself. This research will provides some benefits to parties who manage the PWDs as well
as the PWDs itself. Hopefully this study will help the Government and other agencies in relation
to with PWDs such as Social Welfare Department, the Department of Labour and the Ministry
Of Health to identify the weaknesses of the law and to formulate policies and create the
appropriate policies effecting PWDs. At the same time, the study also examined the persons with
Disabilities Act 2008 in protecting the rights of PWDs. Therefore the result will help them to
understand the situation and problems face by PWDS. The findings also could increase the legal
work in academia in particular for the scope of the group or the less attention.
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9.0 RESEARCH METHODOLOGY
Legal studies often involve two approaches i.e., doctrine to legal problems, issues or questions of
theory and doctrine, while the second approach is a socio-legal study involving social problems
and issues and questions relative to the Community (Anwarul Yaqin, 2007). The researchers
chose to use both of these approaches in combination i.e., doctrine and socio-legal studies. Under
the doctrine study, researchers will use a combination of both methods which are philosophy
studies and analytical and critical studies. In this study the philosophy approach used to see the
needs and interests of laws about PWDS, while analytical and critical studies study involved
evaluation and inspection of a thing to understand or explain and ended from the same (Anwarul
Yaqin, 2007).
Through the socio-Legal Research, case study will be used to help researchers to
understand an issue that is complex and can add experience and strengthening knowledge as a
result of passed research. It is used in a research involving the analysis of situations of a number
cannot be done (Louis Cohen, 2011). According to Yin, (1994) case study methods used to
review real phenomena in the context of making interpretations through exploration, and get a
better understanding about a case. Through the case study, researchers can study about PWDs
knowledge about their rights through Person With Disabilities Act 2008 and what is practiced in
the State of Perlis. The scope of the study will involves law in Malaysia that includes the Federal
Constitution and Persons With Disabilities Act 2008.
According to Uma Sakaran (2003) sampling is a process of selecting an adequate number
of population to be reviewed so that the study and understanding of the nature or characteristics
of the sample is able to represent the population. Purposive sampling has been used in this study
for a reason to get the answer to the research objective from a specific group and it will help to
reduce costs and time (Uma Sakaran, 2003). Ten respondent who is PWDs will be selected in the
State of Perlis. In this study, interview will be used to collect information for the study.
Data collection will be made through two methods, which is library research and the
interview. Through the library research, primary data and secondary data are collected. Besides
the collection of data obtained through library, resources from the Internet are also obtained
through the website of the Government and non-governmental organizations (NGOs). Primary
data also will be obtained through the interviews conducted on respondents comprising PWDs.
Structured interview method has been used following the information needed by researcher. The
information has been identified by researchers to fulfill the requirement of this study (Uma
Sakaran, 2003). A set of questions which focus on the information needed will be built and this
question will be forwarded to the respondent during the interview.
Data analysis process is the most important process in all research. This process will
organize, structuring and interpreted data to obtain an overview and the actual perception of the
respondents (Louis Cohen, 2011). Data in this study is obtained through two methods which are
documents analysis and interview methods. According to Othman Lebar (2009), data collection
and data analysis in qualitative research, should be run at the same time to ensure the result
consistent. Through documents review, all data and information relating to the study will be
collected at the same time interviews processed. The Data will be analyzed using specific
analysis method or also known as content analysis. Content analysis is a systematic process in
delivering information to researchers about a thing (Noraini Idris, 2010).
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9.0 Findings
There are ten respondents involved in this study, six respondents' are women and four others
were men. A total of eight respondents had the physical problem and two were suffering from
deafness. In terms of their level of education, six respondents have “Sijil Pelajaran Malaysia”,
two graduate students from vocational and a graduate student from Higher Institution. List of
respondents according to the code, gender and type of disabilities has been set out in table 1.
TABLE 1: Code, Gender And Type Of Disabilities
Code
Gender
Type of disabilites
R1
Woman
Physical
R2
Woman
Physical
R3
Woman
Physical
R4
Man
Physical
R5
Man
Physical
R6
Woman
Physical
R7
Man
Physical
R8
Woman
Physical
R9
Woman
Deaf
R10
Man
Deaf
All responses that have been collected from respondent has been arranged by category. The
categories derived from this study include all chapter under Part IV Persons With Disabilities
Act 2008. The category is accessibility, habilitation and rehabilitation, health, protection of
persons with severe disabilities and situations of risk and humanitarian emergencies. These
findings are discussed by categories.
Accessibility
Eight of the respondents did not know the existence of their rights under Persons With
Disabilities Act 2008. They just heard on TV about the existing of Persons With Disabilities Act
2008 but not disclosed by the act. R1 and R7 heard the information from television during the
celebration of PWDs Day at the national level but do not know the whole contents of the Act.
Respondents who have a physical problem stated that the infrastructure in Perlis are not
easily to gain access so the problem affecting their daily activities. According to R5, R6 and R7,
lack of specified by their absence includes path or ramp for wheelchairs, special signage, special
places for the PWDs passes through, the absence of elevator in half of the building, and the toilet
is not friendly use by them. R3 states that those facilities available in business premises around
the city of Kangar do not meet the Building by-laws. The lack of physical infrastructure not only
encrypts their movement, but it is also dangerous for them. All the respondents urged the
Government to take measures so that they can easily enter the premises and buildings. R2 and R4
who have their own vehicles, saying that there are no special parking spaces for PWDs are
available resulting them to walk far away from the entrance of the building especially Bank and
post office. All respondents recognized that the Government particularly the Kangar Municipal
Council has to provide parking facilities for them.
All respondents agreed that public transportation in Perlis did not meet the requirement of
PWDs needs and they hope that the public transportation operator in Perlis to takes action to
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fulfill their needed. They suggest that all buses in Perlis should provide facilities such as low
ladder so that they can used it especially for those who have no leg.
All respondents agreed on educational facilities provided by the Government is good.
There are a few schools in Perlis had introducing classes for PWDs. Nowadays higher education
Institution also received the inclusion of PWDs as a student. Only R5 suggested that higher
education institution fees for PWDs and their children should be repealed.
All respondent agree that job opportunities for them are quite limited. They understand
the problem about lack of job opportunities in Perlis but they expect that employer should be
more caring to them by giving them appropriate tasks as proposed by R8:
"Majikan ambil la OKU bekerja untuk jaga kaunter atau telefonis yang tak payah pakai
tenaga."
"Employers take la PWDs worked at the counter or being a telephone operator which not
using a lot of energy. "
They also suggested that they should be given opportunities such as financial assistance to start
their own business. If they can work on their own, they will no longer depend on the
Government.
From the point of information access, they still cannot use the technology these days. The
constraints due to their own weaknesses also contributed to their ability to use information
technology today. R9 and R10 barely can get the information presented verbally due to hearing
loss In terms of recreational and sports facilities in Perlis, most of them are satisfied because
they can access the areas easily. According to R2, R3 and R4, there are no activities in terms of
competition or sports tournament involving PWDs. They suggested that more events or sporting
events for PWDs being organized by government.
Habilitation And Rehabilitation
All respondent did not understand right on habilitation and rehabilitation. They also did not
know whether there is a rehabilitation centre for the PWDs in the Perlis. They were also not
informed the existence of and procedures for admission to a rehabilitation centre for the PWDs.
Health
All respondents agree that health facilities provided by the Government are very good and special care
has been given to them. R8 says:
“Kakitangan hospital Kangar sungguh baik dan bersopan, malah saya ditegur kerana
tidak menunjukkan kad OKU sebab senang mereka nak bagi layanan segera”
"The Kangar hospital Staff impeccable and courteous, even I am being reprimanded for
not showing my PWDs cards to them for getting instant service"
Protection of Persons with severe disabilities
All respondents did not know about the rights of protection against severe defects because they
are not exposed to friends who suffer from severe disability. But they are quite surprised and
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happy with the existence of the protection gave to PWDs who suffer from severe disability under
the Persons With Disabilities Act, 2008.
Situations of Risk And Humanitarian Emergencies
Most of the Respondents stated that they provided assistance just as other people. R4 and R7 said
that while Perlis facing floods during 2010, they are given the same treatment as the flood
victims.
10.0 Discussion
All PWDs get equal protection by law. Persons With Disabilities Act 2008 has given space to
each PWDs to enjoy their quality of life as other normal people. Therefore it is the responsibility
of the Government and society to meet the rights of PWDs under the Act. The results found that
most of respondents are not aware of their rights under Persons with Disabilities Act 2008. So
they should been given enough space to get the knowledge and furthermore the result also show
to us that the freedom to get the information still unavailable.
Based on the results, PWDs still could not access a few service and facilities available in
the State of Perlis. For example R1 said that he has a problem to gain access buildings and
physical infrastructure because it still at an acceptable level. Most of the business premises in the
State of Perlis did not build according to the specifications of the PWDs-friendly. In fact, public
transportation facilities such as bus do not provide access to the PWDs. In right for education,
there are already five secondary schools had open classes for PWDs. This classes has opens
space and wider the opportunities to those students who have insufficient from the point of
mentally and physically to get a proper education. The main problem in Perlis is job
opportunities. Perlis is agricultural states and their income more base on agricultural business.
That means Perlis is not an industrial state, so job opportunities are limited. The same problem
applies to PWDs in the employment sector; the number of employers who hired disabled workers
is still low. Several respondents report that they are not employed simply because they are PWDs.
Base on all discussion, researchers think that PWDs still did not know and understand the
role of the Persons With Disabilities Act 2008. So they are not fully aware of their
rights. Besides that, all the respondents agreed that these rights are not fully implemented in
Perlis.
11.0 Suggestion and Conclusion
Conclusions that can be made based on the findings and discussions, the main problem faced by
PWDs is their failure to obtain information and knowledge about their rights under the Persons
With Disabilities Act 2008. The low awareness of society about the existence of PWDs rights
also makes it difficult to protect the rights of .PWDs
Mostly respondents in this study suggest that there must be ongoing effort to increase
awareness and understanding throughout the community about their rights and needs. Therefore,
some recommendations for improvements proposed as follows:
1. The Government, through the State Of Perlis should hold more activities among the
community with PWDs so that the information concerning the rights of PWDs could be
delivered and being understands by the community.
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2. To create state special committee to enforcing the provisions of the law specifically in
Persons With Disabilities Act 2008.
3. To provide more opportunities in businesses such as retail space quota for PWDs at every
new business premises.
4. Government should improve their delivery system so that PWDs can get more
information especially about their right.
5. Government or Financial Institution should give more opportunities on financial loan for
PWDs to started business.
6. Government and NGO should organized more activities such as sport event for PWDs.
As a conclusion, more work needs to be done in introducing and enforcing Persons With
Disabilities Act 2008. Researchers also hope that through this study, there will be more studies
to come especially for the improvement in respecting the rights of PWDs as well as better
enforcement through the Person With Disabilities Act 2008
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