Dr. Ajith C.S. Perera v. Attorney General and others [ SCFR Application 221/2009 ]

Country Sri Lanka
Category Rights of the differently abled people
Date of Judgment _
Link / Attachment http://www.globalhealthrights.org/asia/dr-ajith-c-s-perera-v-attorney-general-and-ors/#j-dr
  • Description

    This case was filed by the Secretary General of IDIRIYA, Dr. Ajith C.S. Perera. IDIRIYA is a non- profit organization advocating for disability-related access issues. The Act for the Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996, together with the Disabled Persons (Accessibility) Regulations, No.1 of 2006, specify the manner in which public buildings and facilities are to be constructed to make them accessible for people with disabilities. However, there were no effective mechanisms in place to implement the laws relating to accessibility.

    This case was filed to clarify the order on accessibility issued by the courts in 2009, which required all new public buildings be designed in an inclusive manner and imposed penalties for violators.

    Source:
    Dr. Ajith C.S. Perera v. Attorney General and others
    http://www.globalhealthrights.org/asia/dr-ajith-c-s-perera-v-attorney-general-and-ors/#j-dr

  • Judgment

    The court recognizes that people have different levels of ability to move freely, and that many – specially, the growing number of Seniors, Disabled Persons and Pregnant Mothers are restricted in their movement.

    The court further recognizes that in terms of the protection of the Rights of Persons with Disabilities Act No.28 of 1996, as amended, and the regulations made there under, no person should be discriminated against on the ground of disability and their mobility restricted in a manner which precludes or impedes them from enjoying equally their inherent right for access, safety and accommodation in day to day life at man made public buildings, public places and facilities provided there.

     

    Accordingly, this court orders that All Parts of NEW public buildings or public places, specially toilets and wash facilities as defined in the Accessibility Regulations No. 01 of 2006 made under the Protection of Persons with Disabilities Act No. 28 of 1996 as amended, hereafter shall be designed and constructed in accordance with the ‘design requirements’ specified in the regulations in force.

    The court further orders that compliance with this court order in mandatory in order to gain approval of building plans, to certify the buildings on completion and to issue the certificate of conformity and hence, together with owners who are equally responsible, all authorities that are empowered to do so shall refrain from doing in respect of all new constructions violating this order.

    Source:
    Dr. Ajith C.S. Perera v. Attorney General and others
    http://www.globalhealthrights.org/asia/dr-ajith-c-s-perera-v-attorney-general-and-ors/#j-dr