Using the Section 36 Procedure
20. Train your staff on filling out Section 36 applications
Persons with disabilities do not need a lawyer to complete the Form 6 required by the Persons with Disabilities Rights and Protection Act, 2013 (DRPA) to file an application under Section 36. The DRPA permits DPO leaders to assist applicants to complete the one-page form and to collect and submit any necessary documentation. Also, because accessing legal aid can require time and because Section 36 applicants must file within 30 days of a rights violation, DPO representatives may play a critical role in helping applicants to meet the DRPA’s deadline.
The experience of USAID’s EPD program is that lawyers can be helpful with preparing Section 36 applications. But Form 6 is as new to lawyers as it is to DPO leaders. With proper preparation, DPO leaders can develop the skills and knowledge necessary to prepare Section 36 applications competently. While it may be advisable for DPO representatives to request lawyers to review the applications that they prepare, and it may be advisable for applicants to have legal representation if they decide to appeal a district committee’s decision, DPOs should arrange trainings for core staff so that they have the option of providing assistance directly to Section 36 applicants both at the time of filing and throughout the procedure.
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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.