Making policy changes on the domestic level: a critical exposition of the Convention of the Rights of Persons with Disabilities (CRPD)Posted: 9 February, 2021
Author: Oludayo Olufowobi
Law student, University of Lagos
Fifteen percent of the world population experience some form of disability, with between 110 million and 190 million people experiencing significant disabilities. Persons with disabilities are more susceptible to experiencing more adverse socio-economic or living conditions compared to others. The Convention on the Rights of Persons with Disabilities (CRPD) aims to bridge this gap. At the domestic level, persons with disabilities are most times subjected to live as second-class citizens. Discriminatory practices in our society and deficits in inclusive infrastructure exacerbate this problem. It is against this premise that this article seeks to explore the peculiarities of the Nigerian landscape, taking into account its plaguing insecurity, infrastructural deficits, and lapses in the protection of the human rights of persons with disabilities. There is a focus on the Discrimination Against Persons with Disabilities (Prohibition Act) 2018 vis-a-vis the government’s quest to realise the objectives of the CRPD.
Author: Satang Nabaneh
Post-doctoral Fellow, Centre for Human Rights, University of Pretoria
Discrimination and stigma relating to persons with albinism remain the norm in many Africa countries. Persons with albinism have been subjected to gross human rights violations. In some extreme cases, persons with albinism in the African region have been killed for rituals or subjected to other physical abuse. While attention has been given to the killings of persons with albinism worldwide, little attention has been given to other human rights violations they encounter while seeking social services, particularly health care services. Deep-rooted prejudices and stereotypes about persons with albinism tend to aggravate human rights violations they experience. Discrimination against persons with albinism can lead to deleterious health consequences and at the same time hinder access to care for them.
Recently, during my studies I delved into the concept of stereotypes and their effects, albeit from a gender perspective. This academic encounter has become an important one to both my personal and professional frames of reference. I have discovered that my prior use and appreciation of the term stereotype was presumptuous, without depth and assumed familiarity. I had nonchalantly used the term often, in writing and conversation without fully appreciating the intricacies of this concept.
Quite worrying one might say, coming from a professional working on human rights, justice and equality issues – but I believe that my nonchalance is common among many of us. We tend to have a general over familiarisation with issues that form part of the realm in which we work and operate without necessarily appreciating the rudimentary theories underpinning particular terms or concepts.
So I think I deserve some credit for acknowledging my deficiency, and urge that we do not rush to deem as catastrophic such inadequacies in all circumstances because it is impossible to know everything about everything, even in your most familiar of territory. To be expected to know and fully understand each and every detail about a subject is a naïve expectation on the part of peers and an arrogant unintelligent assertion on the part of any such declarants. The universally renowned great mind Michelangelo, is remembered for his famous quote “ancora imparo” reportedly made at the age of 87 which means ‘I am still learning’ – well, so am I. So I ask for your indulgence as I share some of my learning on how stereotypes perpetuate inequality and marginalisation – you might just also learn that we all are still learning and need to keep learning.
I have learnt that stereotypes are a component of stigma. They assign negative attributes to socially salient differences forming what social identity theorists call in-group and out-group categorisation. People tend to stereotype as a means of screening people into either the in-group (us) or out-group (them) which in eventuality determines whether a group is accepted or rejected.
This categorisation (stereotyping) of other(s), provides people with a feeling of comfort and confidence based on what they are accustomed to, for predictability and personal security’s sake. Whilst it may be argued in some quarters that categorisation is useful in, for example, target marketing or planning of community and development projects among other mass planning purposes; unfortunately the cumulative effects of general categorisation and consequent stereotyping in most circumstances reinforce and perpetuate inequality.
Section 30 of the 1997 Constitution of the Republic of The Gambia states, “All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that right- (a) basic education shall be free, compulsory and available to all; (b) secondary education, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education.”
It is without doubt that the Gambia has been working toward this constitutional provision and has registered a significant gain in the area of education. The enabling environment has been created to make this fundamental right realistic by acceding and ratifying enormous international conventions such as the African Charter on Human and People Rights, African Charter on the Rights and Welfare of the Child, International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discriminations Against Women, United Nations Convention on the Rights of Child to name just a few; and there are also domestic legal frameworks in addition to the Constitution such as the Children Act 2005 and Women Act 2010 all geared toward promoting right to education among others.
Notwithstanding of the government of The Gambia active role in promotion of children’s rights to education which is translated into the promulgation of the above named laws and building adequate schools in all the four corners of the country. There is yet a huge gap or disparity that needs to be addressed. Children with disabilities in The Gambia are confronted with challenges such as discrimination and marginalisation both in formal and informal institutions. It is therefore urgent to draw the attention of the government into the plight of these children as they equally have right to education as enshrined in the supreme law of the land and the Convention on Rights of Persons with Disabilities.
Sentencing ‘at the president’s pleasure’ and what it means to persons with mental disabilities in KenyaPosted: 17 September, 2014
On 8 May 2013, the High Court of Kenya in Case Number 14 of 2010 passes a sentence on the accused who had pleaded guilty on a murder charge. Nawya Mawjoya, a person with mental disability, was sentenced to detention ‘at the president’s pleasure’ under section 167(1) of the Criminal Procedure Code (CPC) instead of being given a probationary sentence. The Court relied on the probation officer’s recommendation that he be institutionalised as the family believes he was bewitched and will be subjected to rituals. Such cases are common in Kenya for two reasons: lack of awareness by the criminal justice system on mental disability and cultural perception associated with mental disabilities. Thus the criminal justice system operates as a conduit to institutionalise persons with mental disabilities.
Kenya is a signatory of the Convention on the Rights of Persons with Disabilities (CRPD). Article 14 (1) (b) of the CRPD provides for the rights of persons with disabilities not to be deprived of their liberty on the basis of their disability. Article 19 further provides that persons with disability have a right to live in the community on an equal basis with others. Article 50 of the Constitution of Kenya provides for the right to a fair trial for all persons. Article 29 further supports the rights of person not to be arbitrarily denied their freedom without just cause. Article 54 of the Constitution states the rights of persons with disabilities to be treated with dignity and respect.