African Disability Rights Yearbook最新文献

{"title":"LEGAL CAPACITY OF PARTIES WITH INTELLECTUAL, PSYCHO-SOCIAL AND COMMUNICATION DISABILITIES IN TRADITIONAL COURTS IN KWAZULU-NATAL","authors":"W. Holness, S. Rule","doi":"10.29053/2413-7138/2018/v6a2","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6a2","url":null,"abstract":"According to the Committee on the Rights of Persons with Disabilities, article 12 of the Convention on the Rights of Persons with Disabilities specifies that all people everywhere have a right to equal recognition before the law and that there are no circumstances in which this right may be limited. However, General Comment 1 of the CRPD Committee indicates that globally persons with cognitive and psychosocial disabilities are frequently denied legal capacity. This article sets out to explore the current situation and legal imperatives regarding the legal capacity of persons with intellectual, psycho-social or communication disabilities in traditional courts in KwaZulu-Natal. Traditional courts operate in some rural areas of South Africa and are presided over by a chief and a traditional council. These traditional courts are the closest and cheapest dispute resolution forum in rural areas and utilise restorative justice principles. The legal test for mental and legal capacity in formal courts is not applied in traditional courts. This article reports on research conducted by an NGO in KwaZulu-Natal that found evidence of negative attitudes and a lack of knowledge regarding accessibility and reasonable accommodation among traditional leaders. In these courts, persons with disabilities are not accepted as equal before the law. In some proceedings in traditional courts, an adult with a disability (male or female) is treated as a minor and is required to be represented by a parent or a male member of the family without a disability. A short summary of pertinent aspects of the Traditional Courts Bill indicates the scope for improvement in relation to full participation and equality before the law. We submit that South Africa’s implementation of the relevant international and regional law obligations under the CRPD and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities is found wanting, including a lack of appropriate training of traditional court personnel and a lack of awareness of the equal recognition of legal capacity among families supporting persons with disabilities. ","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44776248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"IMPLEMENTING ARTICLE 13 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES IN SOUTH AFRICA: REASONABLE ACCOMMODATIONS FOR PERSONS WITH COMMUNICATION DISABILITIES","authors":"Robyn White, Dianah Msipa","doi":"10.29053/2413-7138/2018/V6A5","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/V6A5","url":null,"abstract":"Research has revealed that persons with communication disabilities are at high risk of becoming victims of crime and are often repeat victims. Most people who are victims of crime turn to the criminal justice system for recourse by reporting the crime to the police and testifying in a criminal trial against the accused perpetrator.However, persons with communication disabilities may find accessing and participating effectively in the criminal justice system difficult. This is because participation in the criminal justice system is predominantly through oral testimony and, more often than not, people with communication difficulties are not offered the correct support to enable them to participate effectively in the criminal justice system. Article 13 of the Convention on the Rights of Persons with Disabilities guarantees the right of persons with disabilities to access justice on an equal basis with others through the provision of ‘procedural and age-appropriate accommodations’. With South Africa as the jurisdictional focus, this chapter will use the human rights model for disability to demonstrate that all persons with communication disabilities canand should participate in the criminal justice system on an equal basis with others. The article will proceed to suggest specific accommodations which may be made in South African courts to give effect to South Africa’s obligations under article 13 of the CRPD to ensure effective access to justice for persons with communication disabilities.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42686844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MENTAL ILLNESS, STIGMA AND DISABILITY RIGHTS IN GHANA","authors":"Magnus Mfoafo-M’Carthy, Jeff D Grishow","doi":"10.29053/2413-7138/2017/v5n1a5","DOIUrl":"https://doi.org/10.29053/2413-7138/2017/v5n1a5","url":null,"abstract":"Ghana has recently received much attention for human rights abuses against persons with mental illnesses in traditional ‘fetish’ and Christian prayer camps. Evidence has surfaced of Ghanaians with mental illnesses being forced against their will to attend the camps only to be physically abused, forcibly isolated and even chained to trees. Not only do these practices reveal a high level of stigma, but they also contravene the spirit and intention of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Despite the fact that Ghana has ratified in the CRPD and passed a new Mental Health Act in 2012, there has been little reaction in the country towards the harsh treatment of patients with mental illnesses at the camps. Lately, however, Ghanaian disability activists have started to take up their cause, protesting the camps as sites of human rights abuses. Starting with the example of one of these activists, also a camp survivor, the article investigates the potential of a human rights framework as a tool for improving the delivery of mental health services in Ghana.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49123980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"DISABILITY RIGHTS DEVELOPMENTS IN THE EAST AFRICAN COMMUNITY POST-2012","authors":"Damalie Naggita-Musoke","doi":"10.29053/2413-7138/2017/v5n1a11","DOIUrl":"https://doi.org/10.29053/2413-7138/2017/v5n1a11","url":null,"abstract":"The development of disability rights saw a spate of growth in the period preceding 2013 both internationally and in the East African region. During this period, most East African Community (EAC) partner states ratified the UN Convention on the Rights of Persons with Disabilities (CRPD)1 as well as took steps to enact or review domestic legislation in the area of disability. At the East African regional level, several instruments were concluded for the empowerment of persons with disabilities as well as the advancement of their rights. However, there appears to have been a slowing down of this initial momentum, as will be shown below2. As an organising bloc, the EAC has various mandates. Although the Community is premised on the economic co-operation of partner states parties, a number of areas of co-operation are spelt out in both its Establishing Treaty and the Protocol.3 For example, under the Protocol, while partner states have the broad mandate to harmonise social policies, they are specifically obligated to, among others, harmonise their social policies relating to good governance, the rule of law and social justice; promotion and protection of human and peoples’ rights; promotion of equal opportunities and gender equality;  promotion and protection of the rights of marginalised and vulnerable groups.4","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46292363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"REARTICULATING UBUNTU AS A VIABLE FRAMEWORK FOR THE REALISATION OF LEGAL CAPACITY IN SUB-SAHARAN AFRICA","authors":"Louis O. Oyaro","doi":"10.29053/2413-7138/2018/v6a4","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6a4","url":null,"abstract":"As a right, legal capacity is central to the realisation of an ‘equal status’ for all persons with disabilities. Its attainment is fundamental to the aspirations of the UN Convention of the Rights of Persons with Disabilities. Unfortunately, indicatorsover the past years reveal that realisation of legal capacity has not been straightforward. Furthermore, depending on one’s perspective, the CRPD itself does not offer much in terms of specificity on tangible implementation strategies; instead, it leaves wide room for flexibility of realisation approaches. This chapter posits that rearticulating the traditional African concept of ubuntu holds real potential for local acceptance and recognition of legal capacity in favour persons with disabilities in sub-Saharan Africa. Admittedly, and although conceptually contentious in itself as an African personhood philosophy, this chapter argues that there is space for legal capacity to prosper within a rearticulated framework of ubuntu. Its resonance with an inclusive society, community of solidarity and support implies its potential as a real local strategy, not only for legal capacity, but equally for all other disability rights.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47404455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A STEP TO ZERO ATTACKS: REFLECTIONS ON THE RIGHTS OF PERSONS WITH ALBINISM THROUGH THE LENS OF X V UNITED REPUBLIC OF TANZANIA","authors":"B. Mezmur","doi":"10.29053/2413-7138/2018/v6a12","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6a12","url":null,"abstract":"No fewer than 25 African countries have been identified where attacks on and killings of persons with albinism have in recent years been perpetrated. These attacks and killings raise multiple human rights questions. The communication of X v United Republic of Tanzania decided by the Committee on the Rights of Persons with Disabilities concerned a complaint by a person with albinism, who was attacked. Issues such as ratione materia; remedies; legal aid; delays in solving cases; being equal before and under the law, and equal and effective legal protection of the law; torture and re-victimisation; as well as protection of the integrity of the person are the thematic issues covered in the article. In conclusion, the implications of the Mr X decision and how it should reverberate beyond the borders of Tanzania are addressed.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44945012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"TCHAD","authors":"Serge Marcellin Tengho","doi":"10.29053/2413-7138/2019/v7a7","DOIUrl":"https://doi.org/10.29053/2413-7138/2019/v7a7","url":null,"abstract":"According to the results of the General Census of Population conducted in 2009 (2018 projection), the Chadian population is 15, 1 million. According to the report of the National Union of Persons with Disabilities of 2014, Persons with disabilities are 1 691 116, that is 14% of the total population; the most prevalent forms of disabilities include sensory disabilities, motor disabilities and visual disabilities. The Republic of Chad signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD), as well as its Optional protocol on 26 September, 2012. The CRDP was ratified 20 June 2019 by the Chadian government. The Optional Protocol was adopted at the National Assembly 26 September, 2012. The Constitution of the Republic of Chad contains no provision dealing directly with disabilities. The term disability does not openly appear in the Constitution. Nevertheless, the Constitution provides for the right to equality for all, including persons with disabilities. The rights to employment, education, ect, for all are also guaranteed by the preamble of the Constitution. The Republic of Chad has numerous pieces of legislation that directly address disability. The key ones are the Law n°007/PR/2007, of 7 May 2007 on the protection and promotion of the rights of persons with disabilities, which has not yet been ratified; the decree 136/PR/PM/MCFAS/94 of 16 June 1994 that instituted the National Day of Persons with Disability celebrated on 7 February every year. The policies that directly address persons with disabilities are: (1) the national policy and its action plan; (2) the national policy of social welfare and its action plan; and (3) the national strategy on the protection of vulnerable children and the national policy on protection of children as well as its action plan including programmes affecting directly people with disabilities. Other than ordinary courts or tribunals, the Chad Republic has no official body that specifically addresses the violation of the rights of people with disabilities. The Republic of Chad has had a National Human Rights Commission since 9 September 1994. It is autonomous, neutral and endowed with a legal entity. It enjoys administrative, technical and financial autonomy and independence of action. The Republic of Chad also has a Human Rights Federation which organises actions on the promotion and protection of persons with disabilities. There are numerous organisations that represent and advocate for the rights and welfare of persons with disabilities in the Republic of Chad, represented by Maison Notre Dame de Paix de Moundou Association, the Kabalaye Equipment and Rehabilitation Centre of N’djamena, and Handicap Santé which is an NGO. In the Republic of Chad, the Ministry of National Education and Higher Education; the Ministry of Social Work, National Solidarity and the Family; the Ministry of Human Rights and the Promotion of Freedoms; the Ministry of Women, Early Childhood Protection and Nati","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45320057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ALBINISM IN AFRICA: A PROPOSED CONCEPTUAL FRAMEWORK TO UNDERSTAND AND EFFECTIVELY ADDRESS A CONTINENTAL CRISIS","authors":"M. Mostert, Martha M Weich","doi":"10.29053/2413-7138/2017/v5n1a6","DOIUrl":"https://doi.org/10.29053/2413-7138/2017/v5n1a6","url":null,"abstract":"Across Africa trafficking in albino body parts is far more complicated than mightfirst be assumed, as this activity is merely the end result of a complicated process with origins far removed from the point of sale. The literature in this area tends to focus on either (a) the actual act of procuring and selling body parts; or (b) loosely-related and fairly vague reports of why this process flourishes. There is no extant overarching conceptual framework linking key underlying interrelated vectors that combine to drive severe exploitation of persons with albinism, (for instance, stigma; traditional and other cultural beliefs; the status and impact of authority figures; local, regional and national discrimination; the financial impact and economy of scale in trafficking body parts, and so forth). The absence of such a framework directly hinders proposing or implementing effective solutions, as these solutions are unlikely to succeed if they ignore the highly-symbiotic relationships among the undergirding vectors. Therefore, we propose an initial conceptual framework that unpacks crucial connections among related variables impacting trafficking in albino body parts in Africa, and then use the framework to suggest areas of emphasis to reduce and eliminate the trafficking of these body parts in Africa.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49668776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"RÉPUBLIQUE DU BURUNDI","authors":"Gerard Emmanuel Kamdem Kamga","doi":"10.29053/2413-7138/2019/v7a9","DOIUrl":"https://doi.org/10.29053/2413-7138/2019/v7a9","url":null,"abstract":"According to the 2008 census, Burundi has a population of 8 053.574 inhabitants. However, according to a projection by the Institut de Statistiques et D’Etudes Economiques du Burundi (ISTEEBU) the population of the country in 2019 is estimated to be at 12.044.164 inhabitants. The percentage of people with disabilities is unknown. The Republic of Burundi signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 26 April 2007 and ratified it on 26 March 2014. The Optional Protocol to the Convention on the Rights of Persons with Disabilities was signed and ratified in the same period. The Constitution of Burundi refers to disability. Article 22 reaffirms the protection and equality of everyone before the law and that no one may be subject to discrimination including among others on the ground of disability. The Republic of Burundi has numerous pieces of legislation that directly frame disability. The key ones are Law 1/03 of 10 January 2018 on the protection and promotion of the rights of people with disabilities in Burundi. Similarly, Law 1/20 of 3 June 2014 amending Law 1/22 of 18 September 2009 on the Electoral Code addresses disability. In the same vein, decree 100/216 of 4 August 2011 relating to the structure, functioning and missions of the Ministry of national solidarity frames disability. The policies that directly address persons with disabilities are: the National policy of people with disabilities and its action plan; the National policy in favour of orphans and other vulnerable children. Other than ordinary courts or tribunals, Burundi has an official body that specifically addresses the violation of the rights of persons with disabilities. It is the National Committee of the Rights of People with Disabilities/Comité National des Droits des Personnes Handicapées (CNDHP)] provided for by article 38 of Law 1/03 du 10 January 2018 on the protection and promotion of the Rights of persons with disabilities in Burundi. The Republic of Burundi has an Independent National Human Rights Commission [Commission Nationale Indépendante des Droits de l'Homme (CNIDH)] setup by Law 1/04 of 5 January 2011. There are numerous organisations that represent and advocate for the rights and welfare of persons with disabilities in Burundi. These include among others, the Network of Centre for Persons with Disabilities in Burundi [Réseau des Centres pour Personnes Handicapées au Burundi (RCPHB)], the Network of Associations of Persons with Disabilities in Burundi [le Réseau des Associations des Personnes Handicapées au Burundi (RAPHB)], the Union of Persons with Disabilities of Burundi [l’Union des Personnes Handicapées du Burundi (UPHB)] and the Federation of Associations of Persons with Disabilities of Burundi [la Fédération des Associations des Personnes Handicapées du Burundi (FAPHB)]. In Burundi, the Ministry of National Solidarity, of the rights of the Human Person and Gender deals with disability. Its Department of Social I","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43086244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"DE-STIGMATISING PSYCHOSOCIAL DISABILITY IN SOUTH AFRICA","authors":"F. Mahomed, M. Stein","doi":"10.29053/2413-7138/2017/V5N1A4","DOIUrl":"https://doi.org/10.29053/2413-7138/2017/V5N1A4","url":null,"abstract":"Stigma and associated discrimination against persons with psychosocial disabilities constitute a considerable barrier to the realisation of the highest attainable standard of health in South Africa, Africa, and further afield, constituting a significant human rights violation. This situation is evidenced and exacerbated by mental health as a whole remaining under-prioritised in law, policy and resource allocation. States parties to have a duty to address stigma and discrimination through awareness raising and education. Some important commitments have been made in this respect, particularly at the policy level in South Africa. Nevertheless, and as demonstrated by tragic recent events, effective implementation remains lacking. This article lays out the obligations incumbent upon the South African government to address stigma and discrimination on the basis of psychosocial disability as a public health and human rights imperative by examining positive duties incorporated into international instruments and domestic law and policy. It further considers the role of political de-prioritisation of mental health and how this constitutes stigma of a systemic nature, using case law and examples of research and best practice from South Africa, Africa generally, and beyond. We conclude that South Africa is failing to meet its obligations to persons with psychosocial disabilities, and recommend that positive duties be emphasised in potential disability-specific legislation; high-level political commitment and co-ordination issecured for mental health; the CRPD’s independent monitoring requirement is urgently fulfilled; and contextually-relevant interventions are crafted with the active participation of persons with psychosocial disabilities and their representative organisations. ","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47449953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}