FSM, Disability Country Profile
 CONSTITUTION The Constitution was adopted in 1975. It provides that all shall have equal protection of the law. It declares that all persons have the right to education, health care and legal services, and that the National Government shall take every step reasonable and necessary to provide these services. HUMAN RIGHTS The Constitution guarantees equal protection of the law. There are a number of grounds whereby equal protection may not be denied, but disability is not specifically mentioned. The Government has created an Office to co-ordinate services and programmes for persons with a disability and NGOs have had input into a State Implementation Plan for persons with a disability. SIGNATORY TO THE UNESCAP PROCLAMATION ON THE FULL PARTICIPATION AND EQUALITY OF PEOPLE WITH DISABILITIES IN THE ASIAN AND PACIFIC REGION Proclamation signed in 1993 DISABILITY SPECIFIC LEGISLATION PL 8-21 passed requiring: Interagency collaboration and partnership for all agencies providing services to people with disabilities. All children with disabilities to receive free and appropriate education and services to enable them to become productive citizens. FOCAL POINT ON DISABILITY WITHIN GOVERNMENT Office on Disability located within Government NATIONAL COORDINATION COMMITTEE OR NATIONAL DISABILITY COUNCIL Creation of the Office within the levels of government to coordinate programmes and services for disabled persons. Creation of a National Advisory Council to advise the Executive Director of Special Education programme on issues related to persons with disabilities. NATIONAL DISABILITY POLICY National Policy developed NATIONAL DISABILITY ACTION-PLAN A State Implementation Plan on Disability has been formulated, with input from NGOs DISABILITY STATISTICS AND DATA COLLECTION Information on services and programs required to be submitted to the National Office for planning and other purposes. SELF-HELP ORGANISATIONS Parents and families have formed four State NGOs in response to Government initiatives about public awareness and self-help. The Constitution guarantees freedom of expression, peaceable assembly and association. People with Disabilities have input into national disability planning WOMEN WITH DISABILITIES There is a legislative Child Abuse Policy set out in Chapter 5 Title 41, where specified personnel are required to report abuse. This policy does not refer specifically to children with disabilities but would cover abuse of such children. EARLY DETECTION, EARLY INTERVENTION AND EDUCATION All children are required to be immunized against diseases which may cause disability. There are education programmes in relation to diabetes and similar disability-creating diseases, and education programmes for young parents. The Government runs Rehabilitation Centers, and therapists visit children with disabilities in their homes. Some grants towards assistive devices are made from the USA. There is provision for treatment of persons with a mental disorder or illness, or insane persons. These laws refer to such persons as "incompetents", without further definition. The law provides that "education shall be provided and shall be compulsory for all children, including children with disabilities…. until the age of 14 years." Attendance is compulsory from the age of 6. Chapter1 Title 40 Para 107 requires the Secretary of Education to establish "a procedure to ensure the ongoing identification, diagnosis, certification, and education of children with disabilities, consistent with the policies and requirements of the FSM Special Education Act 1993." The policy statement in Title 40, Ch2 Para 232 states that the policy is to provide free education for children with disabilities, and insofar as is appropriate disabled children should receive necessary supplementary services in regular classrooms. Consulting services are also to provided to regular classroom teachers. There is a comprehensive definition of "children with disabilities". Para 234 establishes a Special Education Program, with provision for an annual plan, and reporting, and authorization for an annual appropriation. There is also a National Advisory Council to advise the Executive Director of Special Education. A tracking system for identification of children with disabilities is said to be underway. There is a FSM Special Education Program for Pacific Island Entities (SEPPIE). 1999-2000 600 new students identified; 84 new special education teachers; increased places in secondary education; updated State Implementation Plans on basis of monitoring and priorities established. TRAINING AND EMPLOYMENT Vocational training has been provided in some schools and transitional training provided for secondary school students. Limited craft type programmes have been provided for adults. ACCESS TO BUILT ENVIRONMENTS AND PUBLIC TRANSPORT Legislation is in progress to require Government buildings, sidewalks and businesses to be accessible. ACCESS TO INFORMATION AND COMMUNICATIONS There is a dedicated Disability Day and media publicity to raise awareness. POVERTY ALLEVIATION No information available. CRIMINAL LAW There is a defense to an allegation if the Court upon competent medical advice or other evidence decides that the accused was so insane that he did not know the nature and quality of his act. A person is not responsible for criminal conduct if he lacked capacity as a result of physical or mental disease, disorder or defect. It is a crime to deprive persons of their civil rights. There is an offence of aggravated sexual assault where the victim was mentally or physically incapable of resisting. Return to Disability Country Profiles homepage | Disability homepage | Top of Page |
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