DISCRIMINATION AGAINST PERSONS WITH DISABILITIES (PROHIBITION) ACT, 2018
Section 57: Interpretation.
In this Act-
“accessibility aid” includes any fixture and. device that aids accessibility;
“accommodation” in the context of housing, includes residential or business accommodation;
“assistive device” means any device that assists, increases or improves the functional capabilities of persons with disabilities;
“Commission” means National Commission for People with Disabilities established under this Act;
“commission agent” means the person who does work for the Commission as its agent and who is remunerated, whether in whole or in part by the Commission;
“disabled” means having a disability;
“disability” includes long term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder full and effective participation in society on equal basis with others;
“discrimination” means differential treatment and its verbs and infinite
form, discriminate, to discriminate have the corresponding signification;
“document” includes any book register or other record of information, however compiled, record or stored;
“educational authority” means a body of persons administering an education institution;
“educational institution” means a school college, university or other institution at which education or training is provided;
“employee” includes applicant or prospective employee, commission agent, contract worker, independent contractor, or person applying to the commission agent, contract worker or independent contractor;
“employer” includes prospective employer, principal and a person who engages or proposes to engage a commission agent, contract worker or independent contractor;
“employer of labour” means employer as interpreted by the Employee's Compensation Act No. 13, 2010;
“function” includes duty;
“government employee” means a person who is appointed, employed or engaged in the public service of, or by a public authority of the Federation, a State, the Federal Capital Territory or a local government, or holds an administrative office;
“person’ includes natural, artificial, juristic or judicial persons, companies, enterprises firms, organisations, association, government departments, ministries, parastatals;
“person with disabilities” means-(a) a person who has received Temporary or Permanent Certificate of Disability to have condition which is expected to continue permanently or for a considerable length of time which can reasonably be expected to limit the person’s functional ability substantially, but not limited to seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, rising, and includes any related function or any limitation due to weakness or significantly decreased endurance so that he cannot perform his everyday routine, living and working without significantly increased hardship and vulnerability to everyday obstacles and hazards; and
(b) a person with long term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder their full and effective participation in society on equal basis with others;
“premises” includes a structure, building, aircraft, vehicle, train or vessel;
a place (whether enclosed or built on or not) and a part of premises;
“President” means President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria;
“public building” means a building owned or used by government or government agency or a building available for the use of members of the public;
“relative” in relation to a person, means a person who is related to the first mentioned person by blood, marriage affinity or adoption;
“special communication” means special means (including sign language augmentative and alternative communication) of communicating with person with speech or hearing disability;
“special facilities” means any provision whether movable or immovable that enhances easy access and enjoyment in public buildings by persons with disabilities significantly decreased endurance so that he cannot perform his everyday routine, living and working without significantly increased hardship and vulnerability to everyday obstacles and hazards; “sate” means each of the State of the Federation, and includes the Federal Capital Territory;
“student” in relation to an education institution, includes a candidate or applicant for admission into that educational institution;
“undue hardship” means significant difficulty or expense, when considered in light of such factors as -
(a) the nature and cost of the accommodation needed to take care of a disabled person’s special needs;
(b) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation and the number of persons employed at such facility;
(c) the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the facility;
(d) the overall finances of the person or organisation having to deal with person with disability, with the overall size of his or its business with respect to the number of its employees, the number, type, and location of its facilities; and
(e) the type of operation or operations of such person or organisation, including the composition, structure and function of his or its workforce; the geographic, separateness, administrative, or fiscal relationship of the facility or facilities in question to such person or organisation.
Cite this section
Section 57, DISCRIMINATION AGAINST PERSONS WITH DISABILITIES (PROHIBITION) ACT, 2018 (2018).
https://repo.podus.ai/laws/discrimination-against-persons-with-disabilities-prohibition-act-2018/section/57/