Khyber Pakhtunkhwa Rights, Rehabilitation, Accessibility & Empowerment of People with Disabilities Act, 2018

Functions of the Council: The act provides for establishment of a council to be known as “Rights, Rehabilitation & Empowerment of Persons with Disabilities Council” The Council has a wide range of responsibilities, including implementing and enforcing the objectives of the Act, coordinating with provincial and local governments to develop legal frameworks and policies, conducting research on disability-related issues, monitoring and evaluating the performance of various entities, including private and community-based organizations, and addressing individual and collective complaints of human rights violations against persons with disabilities. The Council also has the authority to enforce institutional mechanisms for effective and transparent functions of organizations, as well as impose restrictions on those that do not meet objective criteria.

Assessment Committee: The act provides for the constitution of an Assessment Committee for determination and eligibility of persons with disabilities.

District Disability Board & Registration of Persons with Disabilities: The act provides for the constitution of District Disability Board for medical examination, the board will then recommend the registration of concerned person to the District Officer of Social Welfare.

Equity in Employment: The act aims to eliminate discrimination against persons with disabilities in matters of employment and provides for reservation of 2 percent jobs for persons with disabilities. It prohibits any person, institution, organization, or entity, whether public or private, from discriminating against a person on the ground of disability in matters such as employment, promotion, career development and enjoying fruits of his employment. Employers are required to provide reasonable accommodations, including necessary assistive aids and equipment, to enable persons with disabilities to perform their duties. The terms and conditions of employment for persons with disabilities should not be less favorable than those offered to other persons appointed against the same or similar positions.

Accessibility standards: Act requires both the government and private sector to take necessary measures to ensure that persons with disabilities have ease of access to public buildings, hospitals, recreational facilities, public transport, streets, and roads. This includes modifying old buildings and vehicles to make them accessible to persons with disabilities, as well as constructing new buildings and vehicles that conform to appropriate accessibility standards.

Equity in Health and Medical Rehabilitation Services: the act aims to ensure that persons with disabilities have barrier-free access to necessary public health services and infrastructure without any discrimination and at no cost to such persons. The government will encourage private sector health service providers to offer quality services to persons with disabilities at affordable rates or for free.

Funds and Penalties: The act provides that an organization that does not employ persons with disabilities as required under this act will pay the amount of sum of money it would have paid as salary or wages per month to a person with disability if he or she had been employed. Any organization that fails to do so will have to pay the penalty as decided by the council under this act.