Overview of legislation/national plans/policies and acts
| Country | Legislation/national plan | Significance |
|---|---|---|
| Ratified by all 6 countries | UN Convention on the Rights of Persons with Disabilities (CRPD) | Online supplementary appendix C, UN CRPD |
| Ratified by Brazil and Zimbabwe | CRPD Optional Protocol (OP-CRPD) | Allows for individual complaints to be submitted to the CRPD Committee alleging that rights have been violated under CRPD. If the CRPD Committee makes a finding that the State has failed in its obligations under the CRPD, it will issue a decision requiring that the violation be remedied and for the State party to provide follow-up information |
| Brazil | Decree No. 7612 | Rights of Persons with Disabilities (PWDi) –Living Without Limits Plan. Promote accessibility for people with disability and frail adults through: ▸ Credit lines for the acquisition of AT ▸ Institutionalisation of the National Programme for AT. ▸ Tax rebate on AT products.34 |
| Law 10 048/2000 Decree No. 5296 Chapter VII, Article 64, 65 and 66 | Reduction or exemption from import taxes for products that are not available within the country. Reduction or exemption from excise tax on technical aids. Deduction of income tax for all AT for people with disabilities or reduced mobility.35 Recognize the area of AT as an area of knowledge. Encourage the formation and training of orthotics and prosthetics. Encourage studies to support the development of standards on technical aids. Detection of regional reference centres for technical aids, aiming at the formation of an integrated national network35 | |
| Decree No. 4360 | Provision of long-term assistance for people with disabilities and older people36 | |
| Cambodia | National Policy on the Health Care for Elderly and Disabled People 1999 | ‘Further plan of action’ states that providing the elders and disabled to obtain the AT such as hearing aids, walking aids and kitchen utensils to assist living independently as one of the priorities for social protection37 |
| Protection and Promotion of the Rights of Persons with Disabilities (PPRPD), Article 4, 20 and 26 | Commits to: Giving priority to technologies at an affordable cost. Providing accessible information to persons with disabilities about available AT, including new technologies, as well as other forms of assistance, support services and facilities. Facilitating access to quality mobility aids, devices, AT and forms of live assistance and intermediaries. Encouraging entities that produce AT to take into account all aspects of mobility for persons with disabilities Promoting the availability, knowledge and use of AT designed for PWDi38 | |
| Disability Action Council (DAC) Royal Sub-Decree No. 59, 2009, PPRPD | Involved in standardisation through subcommittee on prosthetics, orthotics and assistive devices and give advice and orientation at the national level Provides recommendations for the rights of persons with disabilities Endorsed in the law on the PPRPD, and receives core funding from USAID through its humanitarian assistance budget39 | |
| India | The National Policy for Persons with Disabilities 2006 | Physical Rehabilitations Strategies under Rehabilitation measures includes provision of AT as one of the commitments Commits to creating an environment that provides Persons with Disabilities equal opportunities, protection of their rights and full participation in society40 |
| Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 | The ‘education’ component suggests research for designing and developing new AT Governments shall initiate/encourage research by official and non-governmental agencies to design and develop new AT ‘Research and manpower development’ promotes sponsoring research in the development of AT41 | |
| Scheme of Assistance to Disabled Persons for Purchase/Fitting of Aids/Appliances (ADIP Scheme) 2005 (see online supplementary appendix D) | Assist low income individuals with disabilities in obtaining assistive aids and appliances Those aids/appliances which do not cost more than US$100.46 are covered Those with income US$250 to US$333/month receive devices at a 50% subsidy Those with incomes of US$250/month, receive devices at full cost42 Provide 500 Cochlear implants free per year | |
| India's National Policy on Senior Citizens 2011 | Increasing advancement in technology is one of the listed priority areas Highlights that technology is not only needed for the ≥80, but also for rural poor, disadvantaged seniors who will have longer years in the coming decades43 | |
| Turkey | Turkish Disability Act Law no. 5378/2005, Article 3 and 7 | Commits to having buildings, open space, transportation and information services and information and communication technology, accessible and usable by people with disabilities to be safe and independent Commits to disclosure of information and communication technologies and services to be accessible for people with disabilities |
| Value Added Tax (VAT) Law No. 3065, Article 167–4/4 and 17/4 | Provides importation exemptions within the scope of customs law article 167-4/4 and general goods for the disabled Provides partial exemption for delivery of computer programmes and every kind of instruments (excluding vehicles), and equipment especially produced for daily life of the disabled.44 The services provided in elderly and disabled care houses are considered exceptions and the services provided in such places are also held exempt from the value added tax45 | |
| Social Assistance and Solidarity Law No. 3294, Article 5 | Covers the costs of treatment and function-acquisition related orthopaedic and other aid tools/equipment for PWDi who are covered by social security institutions and get salary or payment from institutions46 | |
| Zimbabwe | National Disabled Persons’ Act 1992, Section 4 | Established the National Disability Board that is responsible for the formulation and development of measures and policies to ensure that disabled people live independently and access all social services, and estimation of the cost of the measures for the welfare and rehabilitation of disabled persons47 |
| Disabled Persons Fund (DPF) | Provides public assistance, medical fees, purchases assistive devices and a revolving loan facility Allows exempt from the payment of import tax for all specially adapted cars purchased Ensures that disabled people are assisted with the purchase of AT like crutches, artificial limbs, spectacles and wheelchairs to enable carrying out day to day functions47 | |
| Social Welfare Assistance Act of 1988 | Provides for the health provision, maintenance allowances, purchase of AT, import of special equipment for the disabled to assist in their daily activities, means tested criteria for the assessment of poverty among vulnerable groups47 | |
| Customs and Excise Regulations 2004 | Government provides for a waiver of duty for all specially adapted for use by persons with disabilities imported less than 5 years from the date of manufacture47 |
AT, assistive technologies.