NAURU, Disability Country Profile
 CONSTITUTION Nauru was a German colony from 1888, and after 1919, was administered by the United Kingdom for the League of Nations and subsequently for the United Nations. In 1965 administration was transferred to Australia and Nauru became independent in 1967. Constitution date 1968. HUMAN RIGHTS The Constitution declares Nauru to be an independent Republic. It declares that every person in Nauru is entitled to fundamental rights, including respect for his private and family life. There is no specific prohibition against discrimination on the grounds of disability. Immigration. New Immigration legislation was passed in 1999, with a later commencement date. A copy was not available. The Electoral Ordinance of 1965 states that persons of unsound mind are not entitled to vote. SIGNATORY TO THE UNESCAP PROCLAMATION ON THE FULL Not signed PARTICIPATION AND EQUALITY OF PEOPLE WITH DISABILITIES IN THE ASIAN AND PACIFIC REGION None FOCAL POINT ON DISABILITY WITHIN GOVERNMENT None DISABILITY SPECIFIC LEGISLATION None NATIONAL COORDINATION COMMITTEE OR NATIONAL DISABILITY COUNCIL None NATIONAL DISABILITY POLICY None NATIONAL DISABILITY ACTION-PLAN None DISABILITY STATISTICS AND DATA COLLECTION None SELF-HELP ORGANISATIONS A representative from Nauru attended the workshop for women with disabilities in Nadi in July 2004. She planned to try and establish an organization of persons with disabilities. WOMEN WITH DISABILITIES Nauru has not as yet ratified CEDAW. It ratified CRC in 1994. EARLY DETECTION, EARLY INTERVENTION AND EDUCATION Education. There is a Compulsory Education Ordinance, requiring compulsory education for all Nauruan children between the ages of 6 to 16 (or 6-15 if they have European parents). There are no specific provisions for education of children with disabilities. Nauru requested assistance from AusAID to establish a programme for children with disabilities in 2003 but it was not funded. Health. There are no specific health provisions relating to persons with disabilities TRAINING AND EMPLOYMENT Nauru has a statutory scheme for compensation for employees injured at work. Compensation is payable in respect of physical or mental injury or disease arising out of employment. ACCESS TO BUILT ENVIRONMENTS AND PUBLIC TRANSPORT The Public Health statute does not deal with access to buildings for persons with disabilities. ACCESS TO INFORMATION AND COMMUNICATIONS No information is available. POVERTY ALLEVIATION Nauru has Social Services Ordinances, which provide for an Invalids Pension the qualification for which is an 85% incapacity for work, or blindness. There are means and income tests. There is also a widow's benefit, a sickness benefit for those temporarily incapacitated by sickness or accident, and a Child Endowment scheme for children who are ill or infirm. CRIMINAL LAW Criminal Codes. There is a presumption of sanity unless proved otherwise. A person cannot be tried if " he is in a state of mental disease or natural mental infirmity as to deprive him of the capacity to understand what he is doing, or the capacity to control his actions, or the capacity to know that he ought not to do the act, or make the omission." There is an offence of having unlawful carnal knowledge of a woman or girl, knowing her to be an idiot or imbecile. There is a duty to provide the necessaries of life. Nauru has a system of "pleaders", set up by the Legal Practitioners Act. These are trained lay persons, not fully qualified lawyers, who are available to assist. OTHER LAW Estates and Inheritance. Under the Succession, Probate and Administration Act 1976, if intestacy occurs, there is equal division between children. There is a power to appoint a Curator to administer intestate estates. There is no provision for making a claim for further provision out of an estate in this statute. Marriage. There is no impediment to marriage for persons with a disability. The 1963 Mentally Disordered Persons Ordinance applies to a person, who, owing to his mental condition is incapable of managing himself and requires oversight, care or control for his own good or in the public interest. A Court, with the assistance of two medical practitioners may commit a person or a person found not guilty of an offence by reason of unsoundness of mind. The Court may order administration of the property of a person of unsound mind. Return to Disability Country Profiles homepage | Disability homepage | Top of Page |
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