3. In this Act, unless the context otherwise requires - accessibility” means enabling or allowing a person with disabilit> 5 . 9 Persons with Disabilities 2010 to have access directly or indirectly to benefits o f public social services in all spheres o f society and it includes access to information, communication and physical environment such as tactile and sign language, interpretation for deaf and deaf blind persons, audio tapes, braille, large print, low vision facilities, computerized information and programmes in buildings, public and making physical environment transport, roads and streets accessible for persons with disabilities: “authorized ‘‘civil by appointed any officer o ffic e r’ means the Commissioner in writing, either generally or specifically, to act in matters o f any specified kind; including a society” means a non-governmental actor Community Based Organization, Non-Governmental Organization. Faith Based Organization, organization o f and for persons with disabilities, private sector organization, trade union and a professional organization; “Com missioner” means the Commissioners for Social Welfare; “Com mittee” means - (a) when used in relation to a village, the Village Committee; (b) when used in relation to Mtaa. the Mtaa Committee; (c) when used in Committee; and in relation to a Council, relation to a region, the Regional the Council (d) when used Committee; “communication" includes spoken and sign languages, display o f text, braille, tactile communication, large print, accessible multimedia as well as written, audio, plain, language, human reader and augmentative and alternative modes, means and formats o f communication, including accessible information and communication technology: “Council” means the National Advisory Council for Persons with Disabilities established under section 8; “disability” in relation to an individual means loss or limitation o f opportunities the community on an equal level with others due to physical, mental or social factors; the normal take part life o f to in “discrimination” means any distinctions, exclusion or restriction on the basis o f disability which has the purpose, effect or recognition, enjoyment or impairing or nullifying the 6 No. 9 Persons with Disabilities 2010 excrcisc on equal basis o f human rights and fundamental freedom in the political, economic, social, cultural, civil or any other field and includes all forms o f discrimination and denial o f reasonable accommodation; ’discriminate" means any distinction, exclusion or restriction to different persons solely or mainly as a result o f their disabilities and includes words, gestures or caricatures that demean, scandalize or embarrass persons with disabilities by- (a) (b) (c) (d) treating such a person less favourably from a person without disability: treating such a person with one type o f disability less favourably from a person with another type o f disability; requiring such a person to comply with a requirement or condition which a person without disability may have an advantage over: or failure to effect affirmative action: ‘employee” means an individual who - (a) (b) has entered into a contract o f employment; or has entered into any other contract under which - (i) the individual undertakes to work personally for the other party to the contract; and (ii) the other party is not a client or customer or o f any profession, business or undertaking carried on by the individual; or (c) is deemed to be an employee under the provisions of the Employment and Labour Relations Act; ‘e m p lo y e r’ means any person who have entered into a contract o f service to employ any person or group o f persons and it shall recognized under other include employee defined and existing written laws; ‘Fund” means the National Fund for Persons with Disabilities established under section 54 o f this Act; Cap. 3 66 Cap. 333 'heritage site” shall have the meaning ascribed to it under the Antiquities Act; 'inclusion” means the process whereby people or society value and respect diversity as part o f life, hence minimize barriers in order to accommodate persons with disabilities to participate 7 No. 9 Persons with Disabilities 2010 in, and contribute to that society; “ inclusive school” means a place where barriers have been removed to enable students with disabilities to learn and participate effectively within the general school system: “ integration” means a level o f involvement and acceptance o f person with a disability in the community; “jo b accommodation” means appropriate measures to design and adapt work places and work premises in such a way they become accessible to persons with disabilities; “ local government authority” shall have the meaning ascribed to it under the Local Government (District Authorities) Act and Local Government (Urban Authorities) Act; Caps.287 and 288 responsible the Minister for persons with “ Minister” means disabilities: “ mental disability” means inability to meet individual and societal needs by reason o f emotional and mental retardation; “organisation for persons with disabilities” means an association or a society formed by non-disabled individuals interested in the field o f disability registered under the relevant laws in order to promote and protect the rights, well being and dignity o f persons with disability; “organization o f persons with disabilities” means an association or a society formed by persons with disabilities registered under the relevant laws in order to promote and protect the rights, well being and dignity o f persons with disabilities; “ person with disability” means a person with a physical, intellectual, sensory or mental impairment and whose functional capacity is limited by encountering attitudinal, environmental and institutional barriers; “positive discrimination” means policies and practices which favour persons with disabilities; “public building” means building or part o f a building, to which members or the public generally have access and which is occupied, managed or controlled by the Government or private person which provides services to the public; “ reasonable changes” means necessary, appropriate and adjustments offered in a manner that does not impose a disproportionate burden, where needed in a particular ease, to ensure persons with disabilities enjoy or exercise on an equal basis with others all human rights and fundamental freedoms; “ rehabilitation” means combined efforts in the domain o f health, education, vocational training, psychology, public awareness No. 9 Persons with Disabilities 2010 and work including community based rehabilitation intended to raise the functional level o f a person with disability so as lo enable him, take part in the normal life o f the community; “ relative” means a person who is related to a person with disability b> blood, marriage or adoption; “settlement” means a public building established for the purpose o f providing welfare requirements o f the needy persons with disabilities: “ social protection” means family or community support structures, and interventions by state or non-state actors that support to prevent, individuals, households and manage, overcome the risks threatening their security and well-being; communities “ social support" means a support or assistance given to a person with disability in order to help that person to cope with his situation in a given environment. P r in c ip l e s a n d O b l ig a t io n fo r R e a l is a t io n o f t h e R ig h t s o f P e r s o n s w it h D is a b il it ie s PART II Basic principles
