African Disability Rights Yearbook Volume 4 2016

Charles Ngwena, Ilze Grobbelaar-Du Plessis, Helene Combrinck, Serges Djoyou Kamga

Description

The African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments.The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities.It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region.The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa.The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria.The Yearbook is an open access online publication, see www.adry.up.ac.zaAbout the editors:Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa.Ilze Grobbelaar-du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria.Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape.Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA).

Sujets

• Droit
• JUSTICE

Informations

• Publié par: PULP (Pretoria University Law Press)
• Date de parution: 01 janvier 2016
• Nombre de lectures: 0
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

TheAfrican Disability Rights Yearbookaims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the Irst peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the Ield of disability rights in the African region.

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ISSN: 2311-8970

Pretoria University Law Press PULP www.pulp.up.ac.za

Braille

African

Disability Rights

Yearbook

2016

PULP

AfricanDisability RightsYearbook 2016

Editors Charles Ngwena Convening Editor, Professor of Law, Centre for Human Rights, Faculty of Law, University of Pretoria Ilze Grobbelaardu Plessis Senior Lecturer, Department of Public Law, Faculty of Law, University of Pretoria Heléne Combrinck Associate Professor, Faculty of Law, North- West University (Potchefstroom) Serges Djoyou Kamga Associate Professor, Thabo Mbeki African Leadership Institute, University of South Africa

Assisted by Thuto Moratuoa Hlalele Special Projects Coordinator & LLM/MPhil (Sexual and Reproductive Rights in Africa) Coordinator, Centre for Human Rights, Faculty of Law, University of Pretoria Isabeau de Meyer Centre for Human Rights, Faculty of Law, University of Pretoria

International advisory board Tsitsi Chataika Senior Lecturer, Department of Educational Foundations, Faculty of Education, University of Zimbabwe Luke Clements Professor, School of Law, Leeds University, United Kingdom Therese Degener Professor, University of Applied Sciences, Bochum, Germany

Anna Lawson Professor, School of Law, Leeds University, United Kingdom Janet Lord Senior Researcher, Harvard Law School Project on Disability, Harvard University Christopher Mbazira Professor, Faculty of Law, Makerere University, Uganda Charlotte McClainNhlapo World Bank (serving on the Advisory Board of the African Disability Rights Yearbook in her personal capacity) Bonita Meyersfeld Professor, Director, Centre for Applied Legal Studies, School of Law, University of the Witwatersrand, South Africa Lawrence Mute Lecturer, School of Law, University of Nairobi; Member of the African Commission on Human and Peoples’ Rights, the African Commission Working Group on Older Persons and Persons with Disabilities, and Chair of the African Commission’s Committee for the Prevention of Torture in Africa Michael Ashley Stein Executive Director, Harvard Law School Project on Disability, Harvard University; Professor, William & Mary Law School, United States Gerard Quinn Professor, Centre for Disability Law and Policy, National University of Ireland, Ireland Monica Mbaru Justice of the Labour Court, Kenya

THIS YEARBOOK SHOULD BE CITED AS (2016) 4ADRY TheAfrican Disability Rights Yearbookpublishes peerreviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa.

TheYearbookappears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria.

TheYearbookis an open access online publication, see www.adry.up.ac.za

For subscriptions to receive printed copies and for guidelines to contributors, also see www.adry.up.ac.za

African Disability Rights Yearbook

Volume 4 2016

2016

African Disability Rights Yearbook

Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication.

For more information on PULP, see www.pulp.up.ac.za

Printed and bound by: BusinessPrint, Pretoria

To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: [phone] [e-mail] www.pulp.up.ac.za

Cover: Yolanda Booyzen, Centre for Human Rights

ISSN: 2311-8970 EISSN: 2413-7138 Open access online: http://www.adry.up.ac.za

© 2016

The financial assistance of the Open Society Foundations is gratefully acknowledged

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TABLE OF CONTENTS

EDITORIAL

SECTION A: ARTICLES

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Stigma as barrier to the implementation of the Convention on the Rights of Persons with Disabilities in Africa 3 Mark Mostert

Realising the inclusion of youth with disabilities in political and public life in Kenya 25 Lucianna Thuo

Reading ‘disability’ into the non-discrimination clause of the Nigerian Constitution 53 Ngozi Chuma Umeh

Legislative mechanisms for combating violence against children with disabilities in selected African jurisdictions: A critical appraisal 77 Enoch Chilemba

My right to know: Developing sexuality education resources for learners with intellectual disability in the Western Cape, South Africa 100 Rebecca Johns & Colleen Adnams

(Re)thinking sexual access for adolescents with disabilities in South Africa: Balancing rights and protection 124 Paul Chappell

The development and use of Sign Language in South African schools: The denial of inclusive education 141 Willene Holness

Implementing article 33 of CRPD: Tanzanian approach Abdallah Possi

SECTION B: COUNTRY REPORTS

Angola Eduardo Kapapelo

Gabon Christophe Tchudjo & Victorine Maptue Toguem

Senegal Abdoulaye Thiam & Seydi Ababacar Sy Sow

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SECTION C: REGIONAL DEVELOPMENTS

The jurisprudence of the committee on the rights of persons with disabilities and its implications for Africa 269 Innocentia Mgijima

The right to work and employment in Southern Africa: A commentary on how selected employment laws fare against article 27 of the CRPD 283 Dianah Msipa

BOOK REVIEW

Don Kulick & Jens RydströmLoneliness and its opposite: Sex, disability, and the ethics of engagement303 Paul Chappell

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EDITORIAL

The editors of theAfrican Disability Rights Yearbook(ADRY) are pleased to announce the publication of the fourth volume ofADRY. Section A of this volume features eight articles by: Mark Mostert exploring stigma as a barrier to the implementation of the CRPD in the African region; Lucianna Thuo on the inclusion of youth with disabilities in Kenyan political and public life; Ngozi Umeh on the intersection between ‘disability’ and the Nigerian Constitution; Enoch Chilemba on mechanisms for addressing violence against children with disabilities in selected African countries; Rebecca Johns and Colleen Adnams on sexuality education for learners with disabilities in a South African province; Paul Chappell on sexual access for adolescents with disabilities in South Africa; Willene Holness on the development of Sign Language in South African schools; and Abdallah Possi on the implementation of the CRPD in Tanzania.

Section B contains reports on three countries:Angolaby Eduardo Kapapelo; Gabon by Maitre Christophe Tchudjo and Victorine Maptue Toguem; and Senegalby M. Abdoulaye Thiam and M. Seydi Ababacar Sy Sow.

Section C contains two commentaries by: Innocentia Mgijima-Konopi on the jurisprudence of the Committee on the Rights of Persons with Disabilities and its implications for the African region; and Dianah Msipa on the right to work and employment for persons with disabilities in the Southern Africa region.

This volume ends with a book review. Paul Chappell reviewsLoneliness and its opposite: Sex, disability, and the ethics of engagementDon Kulick and by Jens Rydström.

Editors Charles Ngwena(convening editor) Ilze Grobbelaar-du Plessis Heléne Combrinck Serges Djoyou Kamga

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SECTION A: ARTICLES

1 HAPTER C

Summary

S TIGMAASBARRIERTOTHE IMPLEMENTATIONOFTHE C ONVENTIONONTHE R IGHTSOF P ERSONSWITH D ISABILITIES IN A FRICA

Mark P Mostert*

A major social challenge to the implementation of the Convention on the Rights of Persons with Disabilities (CRPD) in Africa relates to the widespread stigma attached to the characteristics of disability and those who embody them. The article (a) discusses the phenomenon of social stigma as an underlying contextual lens around Africans with disabilities; (b) examines how stigma generally impacts the lives of Africans with disabilities; (c) applies (a) and (b) to the illustrative examples of stigma related to the treatment of people with albinism in Tanzania, persons with leprosy in Nigeria, and general perceptions of disability in Kenya; and (d) suggests several ways forward to diminish and eventually eradicate the significant damaging effects of stigma attached to disability characteristics and the Africans who live with disabilities, thereby paving the way for increased and more effective implementation of the CRPD in Africa.

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Context

For people with disabilities, there has been a significant transformation over the past 20 years from viewing disability based on a medical model to that of a more socially-oriented model. Historically, the medical model of disability viewed disability and its manifestations as a medical and clinical

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Regent University, Virginia Beach, Virginia, USA.

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