disABILITY FOCUS

The Government shall through deliberate policies and measures guarantee, to persons with disabilities, political rights and the opportunity to enjoy them on equal basis. For instance, full and effective participation and inclusion mean that political election processes do not exclude persons with disabilities, ensuring, for example, that voting locations are accessible and election procedures and materials are available in multiple formats and easy to understand and use. Linked to the concept of participation and inclusion is that of universal design, which is defined in the Convention as the “design of products, environments, programmes and services that should be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design”. In particular, Government shall ensure that persons with disabilities effectively and fully participate in political and public life on equal basis, directly or through freely chosen representatives, inc...

Under international law, Government should recognise the right of persons with disabilities to work, on an equal basis with others. The right of persons with disabilities to work is also enshrined in the Disability Bill, and it 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. Under Part III of the Bill, Article 28, Government shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment. In particular, Government shall (a) promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and retaining employment; (b) promote opportunities for self-employment, entrepreneurship, and the development of cooperatives including equal access to financial opportu...

This week we continue looking at the provisions under Part III, which underscores on the rights of persons with disabilities and places obligations on Government and other stakeholders to ensure that those rights are enjoyed by persons with disabilities.   Article 27 provides for Denial of access. Sub-section (1) stipulates that any person with disability who is denied admission into any premises or the provision of any service or amenity in terms of this section shall be deemed to have suffered an injury and shall have the right to recover damages in any court of competent jurisdiction. Article 28 provides for Education and training and the Bill acknowledges, in sub-section (1), that Government recognizes the right of persons with disabilities to education without discrimination on the basis of equal opportunity, and ensure an inclusive education system at all levels and lifelong learning. In particular, Government shall (a) ensure that persons with disabilities are n...

This week we continue looking at the provisions under Part III, which underscores on the rights of persons with disabilities and places obligations on Government and other stakeholders to ensure that those rights are enjoyed by persons with disabilities.   Article 25, in particular, focuses on prohibition or discrimination in health care institutions. The Article reads: (1) No person shall be denied access to health care services in any health establishment or be charged a higher fee for any such services, on the grounds of disability. Any person who contravenes sub section (1) shall be guilty of an offense and shall be liable, in the case of an individual, to a fine of K100, 000.00 and imprisonment for five years; or in the case of a body corporate, organization or association, to a fine of one million Kwacha. Article 25(3) stipulates that not withstanding the provisions of sub section (2), a court may, in addition to any penalty imposed on a person convicted, order in...

Part III provides for rights of persons with disabilities and places obligations on Government and other stakeholders to ensure that those rights are enjoyed by persons with disabilities.   The rights, among others, include health, accessibility to the physical environment, transport, information, education, housing and employment. Article 23 specifically focuses on prevention, early identification and intervention. The Sub-section (1) of the Article reads:   Government shall provide appropriate health services including prevention, early identification and intervention and services designed to minimise and prevent further disabilities. Sub-section (2) reads as follows: The Government, in liaison with local assemblies and with the responsible Ministry, with a view to preventing the occurrence of disabilities, shall (a) undertake or cause to be undertaken surveys, investigations and research concerning the cause and occurrence of disabilities; (b) create awareness a...