From the information available from government sources, the BNHRC has also identified that certain resources seemed to be used for other purposes.27 Moreover, the GoB has not undertaken any study or survey to assess the condition of children placed in these institutions according to their background in line with the recommendation of the Committee on the Rights of the Child. The Fifth Periodic State Party Report does not address the issue of the measures needed to allow children to return to their families or the need for support to families to enable them to safeguard and care for the welfare of their children. 31. RIGHTS OF THE DISABLED CHILDREN The Rights and Protection of the Persons with Disabilities Act 2013 (‘the Disabilities Act’) was enacted to strengthen protection of the rights of persons who are physically or mentally disabled. The BNHRC made recommendations on the draft law on Rights of the Persons with Disabilities. The important recommendations are as follows: (i) to ensure that the definition of ‘disability’ falls in line with the pertinent international instruments (ii) to conduct periodic surveys or censuses of persons with disabilities in order to gather statistical information on the issue; (iii) and to enhance participation of the NGOs in the drafting process.28 All of these recommendations have been more or less incorporated into the new law. 32. The Disabilities Act provides for registration of a person with legally recognized disabilities as a ‘disabled person’,29 reservation of a seat for disabled persons in public transport,30 prevention of discrimination as regards admission to educational institution on grounds of disability,31 accessibility of disabled person to public places,32 and prohibition of any kind of discrimination on grounds of disability by any authority, institution as regards their rights.33 The Act also (Section 37) penalizes the act of causing obstruction to a disabled person from accessing their legal rights with three years of imprisonment or fine or both. The BNHRC observes that the Disabilities Act in particular has enacted provisions in line with the jurisprudence developed by the Committee on the Rights of the Child. Since discussion of this legislation could not be incorporated into the Fifth Periodic State Party Report, the BNHRC provides a synoptical discussion of the law in the following- 27 The GoB has established 6 child-care homes for 0-7 years old children in 6 administrative divisions. The child-care homes can accommodate 600 children although 217 children have been residing. The GoB has established a day care centre in Dhaka with 50 seats available although only 34 children are residing there. There are three government-run rehabilitation and training centers for the destitute children. These centres can accommodate 750 children although only 458 children reside in these centres. See Social Welfare Ministry, Five years Achievements Report 2009-2013, available at <http://www.msw.gov.bd/dmdocuments/5yrsachievment.pdf>, at pp. 10-11, last visited on 20.10.2014. 28 The National Human Rights Commission Annual Reports 2012, pp. 45-46. The Rights and Protection of the Persons with Disabilities Act 2013, Section 31. 30 Ibid, Section 32. 31 Ibid, Section 33. 32 Ibid, Section 34. 33 Ibid, Sections 35 and 36. 29 15