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Chapter-7 Health, Rehabilitation, Social Security and Recreation

 

  1. To provide free health service: (1) The Government of Nepal shall make provision for the provision of free health service and necessary therapy services including speech therapy, ocopational therapy to those persons with disabilities whose annual income is less than the income as prescribed or who are admitted to governmental hospitals for the treatment of the prescribed diseases.

Explanation: For the purposes of this Section, the term “hospital” also includes a health centre.

(2) The Government of Nepal shall provide free the medicines that need to be taken due to the disability and such factor as may be necessary for the persons with disability related to haemophilia on such basis as prescribed.

(3) The Government of Nepal shall make necessary provisions to remove the barriers that exist to the access of the persons with disabilities to hospitals for treatment.

(4) The health workers of hospitals shall provide quality treatment service to the extent of availability to the persons with disabilities with priority.

(5) A hospital that has more than twenty-five beds operated by the government and private sector shall reserve at least two beds for the persons with disabilities.

(6) The Government of Nepal shall make necessary provisions for the prevention and abolition of the disability that can be prevented or abolished and for the discovery of the factors that cause disability and prevention, abolition, control and treatment thereof.

(7) The Government of Nepal shall make necessary provisions for making available treatment by nearby hospitals for the mitigation of dystrophy of organs and their functions.

  1. Provisions relating to rehabilitation: (1) The Government of Nepal shall rehabilitate the persons who have profound disabilities, severe disabilities, are helpless or have mental disabilities and mental or psycho-social disabilities.

            Explanation: For the purposes of this Section, the term “rehabilitation” means treatment service, life useful skill-oriented and vocational training, assistive materials, medicines, regular consultancy service, educational and financial programs to be so provided and launched as to enable the persons with disabilities to make active life in the society, and this term also include the housing program to be launched for the settlement of the persons with disabilities

(2) The Government of Nepal may establish rehabilitation centres as required for making provision of appropriate housing to the persons with disabilities and for the purpose of empowering and rehabilitating them in the society.

(3) Any institution may establish and operate a rehabilitation centre for the objective referred to in sub-section (1) by obtaining approval as prescribed.

(4) The Government of Nepal may provide financial and other assistance to the rehabilitation centre as prescribed.

(5) The provisions relating to the physical and other infrastructure that the rehabilitation centre must have, standards relating to management and operation and monitoring of such centre shall be as prescribed.

  1. Rehabilitation fund: (1) The Government of Nepal shall establish a rehabilitation fund for the operation of the rehabilitation centres established pursuant to sub-section (2) of Section 29.

(2) The fund referred to in sub-section (1) shall consist of the following amounts:

(a)        Amount received from the Government of Nepal,

(a1)     Amount received from the Provincial Government,

(b)        Amount received from any person or institution as assistance,

(c)        Amount received from a foreign person, organisation or institution,

(d)       Amount received from the Local Level,

(e)        Amount received by way of fine imposed pursuant to Section 55,

(g)        Amount received from any other source.

(3) Other provisions relating to the operation of the rehabilitation fund shall be as prescribed.

  1. To conduct or cause to be conducted research: The Government of Nepal shall conduct or cause to be conducted necessary research in order to empower the persons with disabilities and enhance their access to the services and facilities and for the development of disabled friendly services, facilities and technology.
  2. Social security: (1) The Government of Nepal shall implement the following social security programs in which the persons with disabilities have contribution or for free on the prescribed conditions in such a manner as to enable the persons with disabilities to make living in the society independently and self-respectfully:

(a)        To develop the community housing facilities, along with the safety and health services,

(b)        To provide housing for the helpless children and for the persons with disabilities who have been abandoned by the family,

(c)        To make life insurance, health insurance and accident insurance,

(d)       To provide medicines and other necessary assistive materials,

(e)        To provide unemployment allowance, livelihood allowance and elderly citizens’ allowance on the prescribed basis,

(f)        To provide allowances to the attendants of the persons with disabilities who are in the prescribed situations,

(g)        To support the development and use of universal design for the development of the persons with disabilities,

Explanation: For the purposes of this Section, the term “universal design” means the design of products, physical structures, programmes and services to be usable by all persons, to the greatest extent possible, and this term also includes assistive devices for particular groups of the persons with disabilities.

(h)        To provide such other services and facilities as prescribed.

(2) In the implementation of the program referred to in sub-section (1), such matters as the diversity of disability, sex, economic and social condition shall be taken as the basis.

  1. Cultural rights and entertainment: The Government of Nepal and Local Level shall, in order to respect the cultural rights of the persons with disabilities and to create opportunities for such persons to take part in the entertainment related activities on an equal basis with others, make the following provisions:

(a)        To provide necessary scholarship, facilities and supports for the respect and development of the skills, talent that the persons with disabilities have and their interest in literature,

(b)        To develop necessary technology and art in order to make the services, facilities and infrastructure accessible to the persons with disabilities,

(c)        To support the entertainment centres and organisations that provide services to the persons with disabilities,

(d)       To encourage the persons with disabilities to take part in extra-curricular activities,

(e)        To do or cause to be done such other acts as prescribed.

  1. Participation in sports: (1) The Government of Nepal shall make necessary provisions to have the persons with disabilities participate in sports related activities on an equal basis with others, by making special provisions to that effect.

                        (2) The organisations or bodies making the development of sports and organising competitions shall develop and promote sports by involving the persons with disabilities in sports related competitions.

(3) For the purposes of sub-sections (1) and (2), the bodies or organisations empowered to develop sports may launch the following programs in order to have the persons with disabilities participate in sports:

(a)        To review the curricula and programs of sports in such a manner as to have the access and inclusive participation of the persons with disabilities,

(b)        To redesign sports grounds and physical infrastructures in order to ensure the access and facilities of the persons with disabilities,

(c)        To develop and use necessary technologies in order to foster the talent and competency of the persons with disabilities in sports,

(d)       To organise sports competitions by including the persons with disabilities,

(e)        To have effective representation of the persons with disabilities in international, national, province and local level mechanisms related to sports,

(f)        To involve the children with disabilities, on an equal basis with other children, in the sports and extra-curricular activities conducted at the school level, and to provide for appropriate training, instruction, competition for the participation of such students in the sports developed on the basis of the nature of disability and arrange for the resources for that purpose.

(g)        To do or cause to be done such other acts as prescribed.

  1. Additional services and facilities for the persons with mental or psycho-social disabilities: (1) The Government of Nepal shall make provisions for the treatment of the persons with mental or psycho-social disabilities in such community hospitals or health centres as chosen by them or any member of their families or their guardians.

                        (2) The Government of Nepal shall provide free medicines and consultancy service required for the persons with mental or psycho-social disabilities.

(3) The Government of Nepal shall make arrangements for the treatment and rehabilitation or family reunion of the persons with mental or psychosocial disabilities who have been disregarded by their families.

  1. Not to keep in prison: (1) Notwithstanding anything contained in the prevailing law, any person with mental or psycho-social disability shall not be held in prison in the name of treatment or protection.

(2) Notwithstanding anything contained in sub-section (1), nothing shall bar the keeping in prison of any person with disability who is undergoing action or has been sentenced for any criminal offence, in accordance with the prevailing law.