disABILITY FOCUS

Persons with disabilities suffer from discrimination throughout the world and are frequently excluded from social, economic and political processes in their societies. Disability was long considered an individual problem that was treated from a medical and charitable viewpoint, but neglected in terms of equal rights for persons with disabilities. Attention is now turning towards the impact of the legislation on employment opportunities for people with disabilities as well as on economic empowerment. This question is central to the broader social and political rights of persons with disabilities, which are closely linked to their economic empowerment. The goal of inclusive development is to enable all people to have equal opportunities when it comes to partaking in the economic and social lives of their communities. The socio-economic integration of persons with disabilities is not just a question of their right to participation; it is also a prerequisite for broad-based and sus...

Participation of persons with disabilities in cultural life, recreation, leisure and sport is one of the key provisions in the Equalization of Opportunities for Persons with Disabilities Bill. This provision is also enshrined in the Convention on the Rights of Persons with Disabilities (CRPD) to which Malawi is a signatory. For instance, the Convention, under Article 30, clearly stipulates that States Parties should recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and to take all appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society. States Parties shall also take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to ac...

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...