Using the Section 36 Procedure
16. Actively encourage DPO members to file Section 36 applications
The Persons with Disabilities’ Rights and Protection Act, 2013 (DRPA) creates an important, new advocacy tool for persons with disabilities. Instead of seeking justice in courts, persons with disabilities may file Section 36 applications with DRPA district committees to remedy disability rights violations and disability-based discrimination. Applicants need to fill out the Form 6 that was published in the DRPA’s Rules and file that form along with other application materials with either the Deputy Commissioner or the Deputy Director of the District Social Services Office.
The experience of USAID’s EPD program is that many persons with disabilities are reluctant to take the initiatve to file Section 36 applications even after learning about the procedure through a courtyard meeting, training, or legal aid camp. DPO representatives can play an important role in motivate and providing both psychological and practice support to prospective Section 36 applicants. Because persons with disabilities face multiple and aggravated forms of discrimination in all aspects of life, DPOs should encourage persons with disabilities known to have experienced DRPA rights violations or disability-based discrimination to claim their rights, celebrate their courage for filing applications, and accompany them throughout the process.
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This domain was previously home to a joint report by NGDO, NCDW, and BLAST entitled “Current Status of Rights of Persons with Disabilities in Bangladesh: Legal and Grassroots Perspectives 2015,” produced with funding from the Disability Rights Fund. It is now available here.