disABILITY FOCUS

Chapter One of the National Policy on Equalisation of Opportunities for Persons with Disabilities is an introductory chapter which sets the background of the policy stating its purpose and aim. The Policy also describes briefly how it links with other existing policies and other pieces of legislation such as the Constitution of Malawi which prohibits discrimination on the grounds of disability and promotes the inclusion of people with disabilities; Vision 2020; the now out-dated Malawi Poverty Reduction Strategy Paper (MPRSP); and Malawi Economic Growth Strategy (MEGS). Chapter Two describes the existing situation of persons with disabilities including the prevalence rate of disability and the key challenges and barriers faced by persons with disabilities, such as poverty, inaccessible public and private buildings; exclusion, marginalisation and vulnerability; HIV and AIDS; employment; and exploitation. . In Chapter Three, the document sets broad policy directions, and highlights

The National Policy on Equalisation of Opportunities for Persons with Disabilities was developed in order to promote the rights of persons with disabilities and to allow them to play a fully integrated and participatory role in society in Malawi. Besides mainstreaming disability on the social, economic and political agenda of development programmes, the policy also aims to ensure that persons with disabilities access the same fundamental rights and have the same responsibilities as any other citizen of Malawi and that they are included in all political, social and economic development initiatives. In this regards, the policy recognises the need for persons with disabilities to be involved in the development of national programmes, projects and services. One of the strategies to achieve inclusion is to promote the availability of useful equipment, skills and services to all persons with disabilities, which will enable them to achieve and maintain their optimum physical, sensory, inte

This week we attempt to shed more light on what various governments and their strategic partners are doing – and still need to do – in domesticating the Convention. Or to say the same thing almost differently, what is it that is being done in creating conducive legislative environments supported by programmes at grassroots aimed at empowering and mainstreaming disability? Over the past few decades, many governments have introduced measures to promote employment opportunities for persons with disabilities. Different types of legislation have been put in place, with the International Labour Organisation (ILO) providing information, assistance and advice to governments, employers' and workers' organisations. Efforts have focussed up to the present on establishing appropriate legislation, but now attention is turning towards the impact of the legislation on employment opportunities for people with disabilities. This question is central to the broader social and political right

Under Article 27 , the Convention on the Rights of Persons with Disabilities (CRPD) provides for the right to employment and to gain a living. The Article stipulates that States Parties should recognise the right of persons with disabilities to work, on an equal basis with others. This includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. Employment, poverty and disability are intricately interlinked. Poverty can cause disability with its associated malnutrition, poor health services and sanitation, and unsafe living and working conditions. Conversely, the presence of a disability can trap people in a life of poverty because of the barriers persons with disabilities face in taking part in education, employment, social activities, and indeed all aspects of life. The high incidence of poverty in Africa is the primary development challenge fa

Under Article 12, the Convention on the Rights of Persons with Disabilities (CRPD) recognises equal rights of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit. Among other things, the Article stipulates that States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards should ensure that measures relating to the exercise of legal capacity respect the rights, will, and preferences of the person. On matters relating to medical and scientific experiments, the Convention prohibits the carrying out of such exercise on persons with disabilities without the consent of the participating person. Article 15 specifically demand that States Parties shall take all effective legislative, administrative, j

Besides identifying some of the specific human rights that persons with disabilities must enjoy, we isolate key Articles in the Convention on the Rights of Persons with Disabilities (CRPD) that protect these rights. Prohibition of discrimination on the basis of disability and guarantee to persons with disabilities equal protection is covered under Article 5 of the Convention. The Convention specifically demands that States Parties should prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. Guarantee to persons with disabilities the full enjoyment of life on an equal basis with others is stipulated under Article 10 of the CRPD. It states that States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure effective enjoyment by persons with disabilities on an equal basis with others. Under Article 6