Abstract
The adoption of the Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with Disabilities in Africa marked a pivotal juncture in the shifting approaches to disability in the African human rights system. The African Disability Protocol abandoned the medical and charity approaches to disability that are dominant in many of the preexisting African human rights instruments, in favor of a social and human rights approach to disability. This chapter argues that the unique lived experience of persons with disabilities in Africa dictated the shift from viewing disability in light of the medical model of disability to perceiving it as a human rights issue. Prior to the adoption of the Protocol, African human rights instruments had failed to translate into real change in the lives of persons with disabilities, making it necessary to reevaluate the approach to disability in the African human rights system. The process of rethinking approaches to disability did not take place in a vacuum. Global trends encapsulated in the Convention on the Rights of Persons with Disabilities had an enormous influence on this process. Using the social and human rights models of disability, the African Disability Protocol therefore takes stock of the unique African context while maintaining the gains and victories won in the Convention on the Rights of Persons with Disabilities.
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References
Abbay, F. (2015). An evaluation of disability human rights under the African regional human rights system. African Journal of International and Comparative Law., 23, 476–502.
Amponsah-Bediako, K. (2013). Relevance of disability models from the perspective of a develo** country: An analysis. Develo** Country Studies, 11, 121–132.
Appiagyei-Atua, K. (2017). A comparative analysis of the United Nations convention on the rights of persons with disability and the African draft protocol on the rights of persons with disabilities. Law, Democracy & Development Journal, 21, 154.
Aschalew Ashagre. (2020). Access to justice for PWDs in civil proceedings before the Federal Courts of Ethiopia: The law and practice. Mizan Law Review, 14, 1–30.
Baimu, E. (2001). The African Union: Hope for better protection of human rights in Africa? African Human Rights Law Journal, 1, 299.
Biegon, J. (2011). The promotion and protection of disability rights in the African human rights system. In I. Grobbelaar-Du Plessis & T. Pieter van Reenen (Eds.). Aspects of disability law in Africa (S. 56–57).
Chimedza, R., & Peters, S. (1999). Disabled peoples’ quest for social justice in Zimbabwe. In F. Armstrong & L. Barton (Eds.), Disability, human rights and education. McGraw-Hill Education.
Degener, T. (2016). Disability in a human rights context. Laws, 5, 35.
Franklin, A. (2018) Children with albinism in African regions: Their rights to “being” and “doing.” BMC International Health and Human Rights., 18, 1–8.
Galvin, R. (2003). The making of the disabled identity: A linguistic analysis of marginalisation. Disability Studies Quarterly Spring, 23, 149–178.
Gerntholtz, L., Grant, K., & Hanass-Hancock, J. (2010). Disability rights and HIV/AIDS in Eastern and Southern Africa: A review of international, regional and National Commitments on Disability Rights in the Context of HIV/AIDS in Eastern and Southern Africa’, HEARD. Available online: http://www.heard.org.za/downloads/disability-rights-and-hiv-aids-in-easternand-southern-africa.pdf. Accessed 15 Jan 2022.
Grobbelaar-Du Plessis, I., & Pieter van Reenen, T. (Eds.). (2011). Aspects of disability law in Africa. PULP Press.
Heyns, C. (2001). The African regional human rights system: In need of reform. African Human Rights Law Journal, 2, 155–174.
Human Rights Watch. (2014). “We are also dying of AIDS”: Barriers to HIV services and treatment for persons with disabilities in Zambia.
Jere, V. (2011). The right to equality in the workplace for persons with physical disabilities in Malawi: Does the Convention on the Rights of Persons with Disabilities offer any hope?. In I. Grobbelaar-Du Plessis & T. Pieter van Reenen (Eds.). Aspects of disability law in Africa Pretoria University Law Press.
Kamga, S. A. D. (2013). A call for a protocol to the African charter on human and peoples’ rights on the rights of persons with disabilities in Africa. African Journal of International and Comparative Law, 21, 219–249.
Kotze, H. (2010) A situational analysis of the state and status of disability issues and rights in southern Africa: OSISA Project on Disability Rights and Law. OSISA.
Karappita, M. (2017). Inclusive language in media: A Canadian style guide. Humber.
Murray, R. (2004). Human Rights in Africa: From the OAU to the African Union. Cambridge University Press.
Muzata, K. K. (2019). Terminological abuse versus inclusion: An analysis of selected terms used to describe persons with disabilities in Luvale. Journal of Lexicography and Terminology, 3, 1–32.
Ngwena, C. (2006). Deconstructing the definition of “disability” under the employment equity act: Social deconstruction. South African Journal on Human Rights, 22, 613–620.
Olkin Rhoda. (1999). What psychotherapists should know about disability. Guilford Press.
Oxford University. (1986). The Oxford English Dictionary (OED). Oxford University Press.
Oyaro, L. (2015). Africa at crossroads: The United Nations Convention on the Rights of Persons with Disabilities. American University International Law Review., 30, 347–377.
Patterson, S., Baker, D. L., & Jones, J. (2019). Disability and shame: Special issue forum introduction. Disability and Shame, 15, 1–4.
Retief, M., & Rantoa, L. (2018). Models of disability: A brief overview. HTS Teologiese Studies/ Theological Studies page, 74, 1.
Union of the Physically Impaired Against Segregation (UPIAS). (1976). Fundamental principles of disability. The Disability Alliance.
Viljoen, F., & Biegon, J. (2014). The feasibility and desirability of an African disability rights treaty: Further norm-elaboration or firmer norm-implementation? South African Journal of Human Rights, 30, 345–365.
Legislation, Treaties, and Other Official Documents
African Charter on Democracy, Elections and Good governance (Charter on Democracy) (adopted in 2007, entered into force on 15 February 2012).
African Charter on Human and People’s Rights (adopted 1 June 1981, entered into force 21 October 1986).
African Charter on the Rights and Welfare of the Child (adopted 1 July 1990, entered into force 29 November 1999).
African Decade on the Rights of Disabled Persons (AU Executive Council Resolution EX.CL/477 (XIV), adopted during the 14th ordinary session of the African Heads of State and Government, 26–30 January 2009, Addis Ababa, Ethiopia).
African Rehabilitation Institute (the ARI Agreement) (adopted 17 July 1985, entered into force 2 December 1991).
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) (23 October 2009, entered into force 6 December 2012).
African Youth Charter (adopted 2 July 2006, entered into force 8 August 2009).
Agreement for the Establishment of the African Rehabilitation Institute (adopted 17 July 1985, entered into force 2 December 1991).
AU Constitutive Act (OAU Doc. CAB/LEG/23.25 adopted on 11 July 2000 in Lomé, Togo and entered into force on 26 May 2001).
Continental Plan of Action for the African Decade of People with Disabilities of 2002.
Convention on the Rights of Persons with Disabilities (CRPD) Adopted on 13 December 2006 UN Doc A/61/611 (entered into force on 3 May 2008).
Kigali declaration (MIN/CONF/HRA/Decl.1(I), adopted by the First AU Ministerial Conference on Human Rights in Africa on 8 May 2003).
Protocol to the African Charter on Human and People’s Rights on the Rights of Older Persons (adopted 31 January 2016, not yet in force).
Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (adopted 1 July 2003, entered into force 25 November 2005).
Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with Disabilities in Africa (adopted 29 January 2018, not yet in force).
Purohit and Moore v The Gambia, African Commission on Human and Peoples’ Rights, Comm. No. 241/2001 (2003), available at www.umn.edu/humanrts/africa/comcases/. Accessed 17 Jan 2022.
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Msipa, D., Juma, P. (2023). The African Disability Protocol: Toward a Social and Human Rights Approach to Disability in the African Human Rights System. In: Rioux, M.H., Viera, J., Buettgen, A., Zubrow, E. (eds) Handbook of Disability. Springer, Singapore. https://doi.org/10.1007/978-981-16-1278-7_85-1
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