DiSU: February 2017

Tuesday 28 February 2017

Disability Rights 19: Right to sports and recreation

Section 30 of the PWDA states that PWDs have the right to take part in sports, leisure and recreation activities. This section of the PWDA further adds that it is the duty of the appropriate government organ, the Ministry of Education and Sports, to promote this right. This section of the law guarantees PWDs the rights to:

Compete in National and international events.
Organize and participate in events, and receive training, instruction and resources like other participants.
Access sporting and recreation venues.
Access the services of organisations responsible for all sports.

It also says that PWDs shall not be prevented from taking part in any sport or recreational activity on the grounds of their disability. And importantly, at least 10% of all funds allocated to sporting activities are available for the development of sports for the disabled.

It is important to understand that at least 10% of all the annual sports budget should be used for PWDs. According the the 2017 Budget (see Uganda Budget Information), Physical Education and Sports receives 1.35% (6.95 billion shillings) of the Ministry of Education, Science, Technology and Sport's annual budget. It is unclear how much of that budget is allocated to sports for PWDs.

If you are a PWD you are entitled to enjoy sports, recreation and leisure activities just like any other citizen of Uganda.

British wheelchair basketball player Ade Adepitan meets stars of the Ugandan national wheelchair team.

This law is written like this in section 30 of the Persons With Disabilities Act 2006:

30.Sports and recreational activities

(1) It shall be the duty of the appropriate Government organ to promote the right of persons with disabilities to participate in recreational, leisure and sporting activities and shall take appropriate measures to enable persons with disability-

(a) to participate in mainstream sporting activities at regional, national and international levels;

(b) to organize and participate in sporting activities receiving necessary instructions, training and resources that are available to other participants.

(c) have access to sporting and recreational venues;

(d) have access to the services of the organizations responsible for specific sporting activities.

(2) A person shall not exclude any person from a sporting activity or recreational activity in which he or she can participate on ground of his or her disability.

(3) The provisions of subsection (2) shall not apply to-

(a) a person who is incapable of performing the required sporting activity;

(b) a person conducting sporting activities for persons who have a particular disability and that person does not have that disability.

(4) At least 10% percent of all funds committed to sports and recreational activities shall be used for the development of the recreation and sports of persons with disability.

Monday 27 February 2017

Disability Rights 18: Right to access public facilities

Electric supply.
Education services, for example schools and universities.
Football grounds.
Health care, hospitals and residential care homes.
Museums and art galleries.
Post offices and telecommunications.
Parks and recreation areas
Public banks.
Public broadcasting.
Public library.
Public transport.
Sports complexes.
Swimming baths.
Water supply.

If you are a PWD this means that you can expect that any service or facility that is open to the general public should be accessible.

A 2013 news report When the PWDs are Denied access to buildings notes that the PWDA has been successfully used by PWDs in Gulu to bring a legal action against to get access to the Centenary bank. The report continues:

Consequently, the Centenary bank ordered all its branches countrywide to put in place accessibility measures for its PWD customers.

When asked why there have not been similarly successful suits, Laura Kanushu Opori, the Executive Director, Legal Action For Persons with Disabilities Uganda, says most PWDs are not aware of their rights and therefore cannot claim them. She adds that those who know their rights are poor and afraid of the court processes because some believe that court is cumbersome and expensive.

When buildings are not accessible to the disabled, a PWD becomes more disabled.

This law is written like this in section 29 of the Persons With Disabilities Act 2006:

29.Access to public facilities

(1) Any person operating a service or public facility shall make the service or facility readily accessible to and usable by all persons including persons with disabilities.

(2) The provisions of subsection (1) shall not require a person or entity-

(a) to take any action that would alter or destroy any historical property, or

(b) to take any action that would result in fundamental alteration of the nature of the service or facility.

Sunday 26 February 2017

Disability Rights 17: Right to supportive social services

Section 28 of the PWDA says that PWDs have the right to social support services. These services include:

Supplying assistance devices that will aid mobility, access to specialist doctors and medical treatment, and personal assistance services.
Special training to improve functional limitations: For example training in the use of white canes for the blind, access to physiotherapists and occupational therapists.
Counseling, rehabilitation and orientation to improve self-image.
Care services for the children of PWDs.

Uganda is developing social care and support services all the time through its Expanding Social Protection (ESP) program. The 2013 paper DEVELOPING SOCIAL CARE AND SUPPORT SERVICES IN UGANDA: A Literature Review of International Experience in Implementing Social Care and Support Services: Considerations for the Ugandan Context discusses some of the themes of social care. The paper sums up the vision for social care in Uganda:

Social Care Services support communities, households, families, groups and individuals to promote resilience and reduce the vulnerability of children and adults allowing all to live to their full potential in their family and community and to fulfil their rights and aspirations.

The Ministry of Gender, Labour & Social Development offers the following conclusion in its current discussion of the ESP Program:

Although a range of social protection instruments exist in Uganda, they have limited reach in terms of the numbers and types of people targeted. Provision of the core of many social protection systems -Direct Income Support- is very limited. The country also at the moment lacks a clear national vision for building a comprehensive social protection system as well as key instruments at national level such as Direct Income Support. Coordination of social protection issues in the country is limited; leading to potential gaps and duplications in coverage for the most vulnerable.

Uganda: For Women with Disabilities, Barriers and Abuse: After 20 years of displacement and war in northern Uganda, women with disabilities - physical, sensory, mental and intellectual - face an even more complex and grueling process of return and relocation than their neighbors. They experience stigma and sexual violence and are often denied access to health care and justice.

This law is written like this in section 28 of the Persons With Disabilities Act 2006:

28. Right to supportive services

Government shall provide supportive social services to persons with disabilities through-

(a) acquisition of assistance devices, medical specialty and assistance personal services;

(b) specialized training activities to improve functional limitations;

(c) counseling, rehabilitation and orientation to improve their self-image;

(d) child care services for the children of persons with disabilities.

Saturday 25 February 2017

Disability Rights 16: Right to support or additional services

Section 27 of the PWDA says that it is the duty of anyone running a service to provide support or additional services for PWDs. Support or additional services are more than sign language interpreters and braille documents. The list below has examples of support and additional services, also known as auxiliary aids and services (see National Disability Navigator Resource Collaborative: Auxiliary Aids and Services):

qualified interpreters
note takers
screen readers
Computer Aided Real-Time Transcription (CART)
written materials
telephone handset amplifiers
assistive listening devices
hearing aid compatible telephones
text telephones
open or closed captioning
video interpreting services
email
text messaging
qualified readers
taped texts
audio recordings
Braille materials
large print materials
material in electronic formats

If you are a PWD, you are entitled to support or additional services from a service provider if you will benefit from them. If you have a brain injury for instance you may need someone to explain what is going on more slowly or in a simplified language. If you are blind and you cannot read braille you may ask for an audio recording.

Uganda Sign Language Interpreter.

This law is written like this in section 27 of the Persons With Disabilities Act 2006:

27. Provision of auxiliary aid or services

It shall be the duty of the provider of a service to provide auxiliary aid or service where it enables or facilitates persons with disabilities to make use of a service.

Friday 24 February 2017

Disability Rights 15:The right to access buildings and facilities

Section 26 of the PWDA says that a building or facility must be accessible to all PWDs. If the building or facility is not accessible because of design it is the responsibility of the provider to give an alternative method to make the building or facility accessible.

If you are a PWD, providing access means giving dignity and equality to everyone. Dignity and equality are the cornerstones of the PWDA and they are everyone's right. Failure to provide access to a building or facility is against the law and against human rights.

It is the duty of the provider to offer alternative access for PWDs.
Unfortunately, most of the buildings in the country do not have ramps even when the law says they should.

This law is written like this in section 26 of the Persons With Disabilities Act 2006:

26. Inaccessible physical features

(1) Where a physical feature such as one arising from the design or construction of a building or the access to premises makes it impossible for persons with disabilities to use that facility, it shall be the duty of the provider of the facility to make adjustments or to provide an alternative method of making the facility available to persons with disabilities.

(2) The provisions of subsection (1) shall not require a provider of services to do any act, which would fundamentally alter the nature of the service provided, the trade, profession or business.

Thursday 23 February 2017

Disability Rights 14: Access to goods, services and facilities

Section 25 of the PWDA says that providers of goods, services and facilities should make their buildings accessible to PWDs. It is illegal to discriminate against PWDs on the grounds of their disability. It is illegal to refuse to provide goods and services to PWDs on the grounds of their disability.

Any building that is for use by the general public should be accessible to all PWDs. These are listed in the Second Schedule (see below) of the PWDA. These buildings include anywhere that provides the following:

A place the general public can visit.
Communication facilities.
Information services.
Accommodation.
Insurance and financial services.
Facilities for entertainment, recreation or refreshment.
Facilities provided by employment agencies or training institutions.
Services of trade.

If you are a PWD this means that shops, hotels, banks, cinemas, post offices and other places that provide goods and services to the general public should be accessible to everyone. It also means that shopping centers, sports grounds, swimming pools and other facilities that are open to the public should be accessible to PWDs.

This is what accessibility means:
Sofia from Uganda comments about accessibility in Japan.

This law is written like this in section 25 of the Persons With Disabilities Act 2006:

25. Discrimination relating to goods, facilities and services

(1) A person shall not, provide goods or services, or make facilities available with a view, to discriminate against another person on the ground of that person's disability by -

(a) refusing to provide to a person with a disability any service which he or she provides to other members of the public;

(b) deliberately making it impossible or unreasonably difficult for persons with disabilities to make use of the service or facility.

(2) The provisions of this section shall apply but shall not be limited to the services indicated in the Second Schedule.

(3) The provisions of subsection (1) shall not apply to any action -

(a) necessary to protect the health or safety of any person including that of a person with a disability;

(b) where a person with a disability is incapable of entering into an enforceable agreement or of giving an informed consent.

SECOND SCHEDULE

SERVICES PROVIDED TO PUBLIC

1. Access to and use of any place which members of the public are permitted to enter;

2. Access to and use of means of communication;

3. Access to and use of information services;

4. Accommodation in a hotel, boarding house or other similar establishment;

5. Facilities by way of banking or insurance or for grants, loans, creditor finance;

6. Facilities for entertainment, recreation or refreshment;

7. Facilities provided by employment agencies or training institutions;

8. Services of any profession or trade, or any local or other public authority; and

9. Other services.

Wednesday 22 February 2017

Kamwesigye Jullian part 2

Kamwesigye Jullian continues talking about her life and work for Disability Support Uganda and the successful Abilities 256 talent search.

Kamwesigye Jullian part 1

Kamwesigye Jullian speaks about her work for Disability Support Uganda. She says Disability Support Uganda is the first organization of its kind in Uganda and east Africa.

About her work she says: "It begins with me" and "Disability is human diversity, it is a possibility."

Kamwesigye Jullian is helping to organize the successful Abilities 256 talent search.

Disability Rights 13: The rights of road users

By traffic signals operated by a push button.
By traffic lights with audible signals.
Using alarm bells to signal traffic is approaching.

Section 24 of the PWDA states that no person should be denied a driving permit because of their disability.

Section 23 of the PWDA focuses on crossing roads and negotiating intersections. PWDs require safe roads with their own space, for instance clearly marked spacious pavements or sidewalks, ramps instead of curbs as well as safe places to cross.

Everyone has the right to use the road. Everyone has the right to be safe.

Living Life: Disabled Cab Driver

This law is written like this in section 23 and 24 of the Persons With Disabilities Act 2006:

23. Protection of visually impaired road users

It shall be the duty of the Government to make public roads and highways accessible to persons with disabilities including-

(a) equipping pedestrian crossings with traffic control signals controlled by a pedestrian push-button system;

(b) providing pedestrian traffic lights with clearly audible signals;

(c) use of alarms or bells to signal approaching traffic, among others.

24. Denial of driving permit

No person with disabilities shall be denied a driving permit by reason of his or her disability.

Tuesday 21 February 2017

Disability Rights 12: Right to access public transport

Section 22 of the PWDA says that anyone providing transport services must provide transport for disadvantaged persons. It then defines disadvantaged persons as:

People using mobility devices: Besides PWDs using crutches or wheelchairs this would include a person with a leg or arm in a plaster cast.
People using sensory devices: Devices like white canes or hearing aids.
People who need assistance or support with communication: People like the intellectually handicapped.
People who need assistance climbing steps or carrying heavy loads: This would include mothers nursing babies.

If you are a PWD and you have a wheelchair this means that it is the responsibility of the person providing the transport service to take you as a passenger. If they refuse to carry you they are breaking the law.

This section of the law, like all the other sections of this law is about offering dignity and support to some of the most vulnerable members of society.

Disability results from the interaction between a person’s impairment and obstacles such as physical barriers and prevailing attitudes that prevent them from fully participating in societal engagements.

This law is written like this in section 22 of the Persons With Disabilities Act 2006:

22. Access to public transport facilities

(1) Any person providing public transport services shall provide access to transport-disadvantaged persons.

(2) For purposes of sub-section (1) "transport disadvantaged persons" include persons—

(a) using mobility devices such as crutches or calipers, or wheelchairs;

(b) using sensory devices such as white canes, low vision devices or hearing aids;

(c) who need assistance such as those using sign language or other support in communication;

(d) having difficulty in negotiating steps, climbing stairs or walking long distances including persons having health problems, or those carrying heavy loads.

Monday 20 February 2017

Disability Rights 11: Right to access information

In addition to the human rights laws in the Constitution of Uganda there are several other rights granted to persons with disabilities (PWDs). These rights are given by law in the Persons With Disabilities Act 2006 (PWDA) which is modeled on the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Whether you are a PWD or not, these laws apply to you.

Section 21 of the PWDA states that it is the duty of Government departments to inform PWDs how they can access information that will benefit them. Information should be available in accessible forms like sign language and braille. It will be the responsibility of persons who own TV stations to present at least 1 major news cast with signing every day. Telephone companies should provide telephones for the hearing impaired.

Every citizen is entitled to access information held by the government (see Know Your Rights 22: The right to information). The information that the government holds is available to you by law under The Access to Information Act 2005. If you are a PWD, the Act says that:

Requests for information should be in writing but PWDs that are unable to write can request information orally.
If a person is unable to read, hear or view the information because of their disability the officer receiving the request must take reasonable steps to make the document available.
If a document is not available in the correct format for the PWD the department must supply a copy in a reasonable amount of time unless the copy is outrageously expensive compared to the information required.
A PWD can request the information in an alternative format at no extra cost.

Victor Locoro (above) of the Uganda: The Braille production unit which produces small amounts of Braille for "primary and secondary schools; ministries of education, science, technology and sports; as well as civil society organisations."

This law is written like this in section 21 of the Persons With Disabilities Act 2006:

21. Access to information

(1) It shall be the duty of the responsible Government authority 'to promote the rights of persons with disabilities to access information

(a) the development and use of sign language, tactile, sign language interpreters, in all public institutions and at public functions

(b) brailing of public information, such as Government documents, government newspapers and other publication.

(2) Any person who owns a—

(a) a television station shall provide sign language inset or subtitles in at least one major news cast program each day and in all special programs of national significance;

(b) a telephone company, shall provide special telephone devices for the hearing-impaired.

Sunday 19 February 2017

Disability Rights 10: The right to access

Sections 19 and 20 of the PWDA discuss the right to access all public buildings in Uganda. Section 19 says that it is the responsibility of all departments of public and private institutions to ensure there are suitable exits for PWDs and accessible toilets that follow design standards.

Section 20 states that any building constructed for public use should be accessible to PWDs. It provides details about the design of lifts, ramps, staircases and latrines. If it is not possible to install a ramp or an elevator, a platform lift should be available.

Everyone has the right to access public buildings. Access means being able to take part in all activities in the community without being disadvantaged. It means you are a respected and valued member of society. It means inclusion.

Uganda has its own accessibility standards. You can see a presentation by Ugandan accesibility campaigner Apollo Mukasa who helped to write the book ACCESSIBILITY STANDARDS: A practical guide to create a barrier-free physical environment in Uganda. For a summary of the standards see Uganda makes accessibility standards mandatory.

How a wheelchair user gets from the wheelchair to a toilet-seat.

This law is written like this in sections 19 and 20 of the Persons With Disabilities Act 2006:

19. Access to premises

It shall be the responsibility of all organs in a public or private institution to provide—

(a) suitable exits for persons with disabilities;

(b) universal standards or designs of public toilets.

20. Duty to provide access to buildings

Any person, who constructs, a building to which the public is invited, shall ensure that persons with disabilities have access through Provision of—

(a) accessible and easy-to-find building entrances, connected by accessible pathways to accessible indoor or outdoor parking areas, local public transit stops and accessible elevators;

(b) safe and accessible urinal, bathrooms for the diverse disabilities;

(c) safe and well-dimensioned staircases for the comfort of persons with mobility problems;

(d) ramps wherever stairs obstruct the free passage of pedestrians, mainly wheel chair users and people with mobility problems;

(e) adequate railing around hazardous areas, stairs, ramps, accessible roofs, mezzanines, galleries, balconies and raised platforms;

(f) well-dimensioned elevators,('in the case of multi-storied buildings) that persons with disabilities can use conveniently.

(2) An accessible elevator should-

(i) serve all floors normally reached by the public;

(ii) have embossed numerals on the floor selector buttons to be easily identifiable by touch;

(iii) signal arrival at each floor to alert sightless and hearing impaired passengers simultaneously

(3) Where it is difficult or unfeasible to install a ramp or an elevator to an existing building, the owner of the building shall provide platform lifts to provide accessibility

Saturday 18 February 2017

Disability Rights 9: Rights at work

Section 14 says an employer is not allowed to subject a PWD to a medical examination of their disability unless all employees are required to have a health examination.
Section 15 says an employer should not discriminate against an employee that opposes discrimination or testifies against an employer.
Section 16 says that no PWD should be put at a disadvantage because of problems accessing work areas.
Section 17 says that if an employer employs more than 9 PWDs they are entitled to a tax reduction of 15% on all taxes paid.
Section 18 says that an employee's contract is void if they are required to do anything that is against the PWDA.

Not only is it illegal to discriminate against PWDs, if your work contract asks you to do anything to discriminate against a PWD it is void.

If you are a PWD this means that any business employing 10 or more employees is entitled to a 15% tax reduction on all taxes paid.

Employment is about what you can do, not what you can't do.

Mobility Appliances by Disabled Women Entrepreneurs (MADE) is a non-profit manufacturing organization, established with the primary objective of providing means of mobility to persons with disabilites.

This law is written like this in sections 14 to 18 of the Persons With Disabilities Act 2006:

14. Discriminative medical examination

(1) An employer shall not conduct any test or examination to establish whether an applicant is a person with a disability or as to the nature or severity of the person's disability.

(2) The provisions of sub-section (1) shall not prevent an employer from making pre-employment inquiries into the ability of an applicant to perform job related functions.

(3) An employer may require medical examination after an offer of employment if—

(a) all newly appointed employees are subject to such examination;

(b) the examination is required for the health programme available in the employment.

15.Discrimination against employees

(1) An employer shall not discriminate against any employee on ground that the employee—

(a) opposes acts or practices discriminating against persons with disabilities; or

(b) testified, assisted or participated in an investigation, proceedings or hearing of a case against discrimination of a person with a disability.

16. Access to work premises

It shall be the duty of the employer to ensure that the physical features of the premises occupied by an employee do not place an employee with a disability at a disadvantage.

17. Tax reduction

Private employers who employ ten or more persons with disabilities either as regular employees, apprentice or learner on full time basis shall be entitled to tax deduction of fifteen percent of all pay able tax upon proof to the Uganda Revenue Authority.

18 Void contracts

Any contract of employment or other agreement is void if the contract--

(a) requires a person to do anything prohibited under this Act;

(b) excludes or limits the operation of any provision of this Act; or

(c) prevents any person from lodging a complaint under section 41 of this Act.

Friday 17 February 2017

Disability Rights 8: The right to work

Section 13 of the Act details the obligations of employers and the Minister of Labour, stating that PWDs have the right to work like any other citizen. The Minister of Labour has responsibilities to PWDs determining quotas for the number of employees to be employed and at the end of each financial year reporting back on the status of the employment of PWDs in the country. In addition employers have obligations, they must:

Report the number of PWDs they employ by June each year.
Advertise jobs for PWDs where appropriate.
Provide access for PWDs that they employ.

Despite this law employers are failing to employ PWDs. This extract from a February 2016 article, Gov't told to enact law on PWDs employment paints an all too familiar picture:

One of the PWDs, Nish Zebu, a journalism graduate with a diploma, said she completed studies two years ago but employment opportunities have not come her way, owing to her condition.

''Because of discrimination from able-bodied people especially the employers, we end up on streets begging yet we can compete with the able-bodied when given the chance'' Zebu said.

Ongoing partnerships with disability advocacy organizations have resulted in media campaigns promoting the rights of PWDs to access employment... National and local governments have carried out reforms to increase access to employment for PWDs.

This law is written like this in sections 12 and 13 of the Persons With Disabilities Act 2006:

12. Prohibition of discrimination in employment

(1) A person shall not discriminate against a qualified person on ground of that person's disability in regard to any job application procedures, hiring, promotion, employee compensation, job training, and other terms, conditions, and privileges of employment.

(2) For purposes of sub section (1), the following shall constitute acts of discrimination—

(a) limiting, segregating or classifying a job applicant with disabilities in such a manner that adversely affects his or her work opportunities:

(b) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out persons with disabilities;

(c) utilizing standards, criteria, or methods of administration showing the effect of discrimination on the basis of disability or perpetuating the discrimination of others who are subject to common administrative control;

(d) providing less payment, remuneration or fringe benefits, to a qualified employee with disabilities, than the amount paid to a non-disabled performing the same work;

(e) favoring a non disabled employee over a qualified employee with disabilities with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter’s disability;

(f) re-assigning or transferring a qualified employee with disabilities from a job or position he or she can perform to one which he or she cannot perform because of his or her disability;

(g) dismissing or terminating the services of a qualified employee with disabilities on ground of his or her disability unless the employer can prove that he or she affects the satisfactory performance of the work to the prejudice of the business and that the employer tried to provide reasonable accommodation for persons with disabilities and received no better results;

(h) failing to select or administer in the most effective manner, employment tests which accurately reflect the skills, and aptitude of an applicant or employee with disabilities, rather than the impaired sensory, manual or speaking skills of such applicant or employee: if any; and

(i) excluding persons with disabilities from membership in labour unions or similar organizations.

13. Employment of persons with disability

(1) Persons with disabilities have a right to practice their professions and to carry on any lawful occupation, trade or business of their choice.

(2) The Government shall encourage all government and private sectors to promote the right to empowerment of persons with disabilities, including those who acquire disability during the course of their employment, to work on an equal basis with others and to earn a living by work through a quota system of employment.

(3) The Minister responsible for labor shall, in consultation with the employers’ organisations, determine the quota of persons with disabilities work force for employers, and shall by statutory Instrument publish the agreed quota.

(4) Each employer shall—

(a) where appropriate in any job advertisement, indicate that persons with disabilities would be considered;

(b) be required to carry out appropriate modifications in their work premises to facilitate the employment of persons with disabilities;

(c) claim tax exemption on any costs incurred as a result of the modifications carried out under paragraph(b); and

(d) each year by the end of the month of June, submit to the Minister, returns of employment of persons with disabilities.

(5) The Minister shall, at the end of each financial year, report to Parliament the status of employment of persons with disabilities in the country.

Thursday 16 February 2017

Disability Rights 7: The right to rehabilitation

To regain functional ability and enhance social and economic participation.
By promoting research into new technology for more effective rehabilitation.
Establishing clinical departments in hospitals to research clinical practice and technical guidance in rehabilitation.
Providing technical training for personnel involved in rehabilitation and training all those involved in rehabilitation in current techniques and information.
Ensuring that medical and educational institutions offer relevant rehabilitation training.

Section 11 of the PWDA says that the government will develop the skills and potential of PWDs to enable them to compete favorably in work.

If you are a citizen that becomes disabled this means that the government will take all possible measures to help you to return to a productive working life.

What is rehabilitation?
This video shows the work of a stroke rehabilitation centre.
Health focus: Number of stroke patient in Uganda on the rise

These laws are written in sections 10 and 11 of the Persons With Disabilities Act 2006:

10. Measures of rehabilitation

The Government shall—

(a) adopt measures of rehabilitation to help persons with disability regain functional ability to enhance participation in social and economic life;

(b) promote the research, exploration and application of new rehabilitation technology so as to provide more effective rehabilitation service for persons with disabilities;

(c) establish medical rehabilitation departments or sections in hospitals, special institutions of rehabilitation and carry out clinical practice and training, scientific research, personnel training and work of technical guidance in the field of rehabilitation;

(d) provide various forms of technical training for personnel engaged in rehabilitation work. Popularize knowledge of rehabilitation among persons with disabilities, their family members, relevant staff and volunteers and teach them methods of rehabilitation;

(e) ensure that. Medical institutions and other relevant Educational institutes offer curricula and specialties on rehabilitation.

11. Vocational rehabilitation and employment

The Government shall take vocational rehabilitation measures to develop the skills and potentials of persons with disabilities to enable them compete favorably for available productive and remunerative employment opportunities in the labour market.

Wednesday 15 February 2017

Disability Rights 6: Prevention of disability

Section 9 of the PWDA says that the government will promote the prevention of disability by promoting:

A healthy environment: For example, a clean water supply and good sanitation.
Healthy prophylaxis: That is using condoms or abstinence to prevent sexually transmitted infections.
Healthy working conditions: For example wearing masks in dusty environments or spray painting in a well ventilated area.
Improvement of medical systems for the detection of disability in children and the elderly: Like providing education to parents and regular check ups and immunization for children under 2 years. For the elderly, education on the signs of stroke and heart attack.
Road safety: For instance, wearing crash helmets on bicycles and motorbikes, safety belts in cars and lorries and following road safety rules.
Land mine clearance: Land mines are still found and are an ever present a danger.
Enforcement of activities and services that may prevent disability: For instance, a midwifery program for pregnant women and adding folic acid to bread to prevent spina bifida.

Many disabilities are preventable, if you are a PWD it does not mean that your children need to be disabled.

Uganda Health Sector Development Plan 2015/16-2019/20: The goal of this (5 year) plan is to accelerate movement towards Universal Health Coverage (UHC) with essential health and related services needed for promotion of a healthy and productive life.

This law is written in section 9 of the Persons With Disabilities Act 2006 in the following way:

9. Prevention of disability

The Government shall promote the prevention of disabilities through—

a) health and environmental education in schools and communities for restriction of the risk factors connected with the way of life and the environment;

(b) health prophylactics;

(c) enforcement of healthy and safe labour conditions;

(d) the introduction of a system of early identification of disabilities and intervention or strengthening of existing systems to minimize disabilities among children and the elderly;

(e) the strengthening and implementation of road safety policies to minimize road accidents;

(f) the strengthening of programmes for land-mine clearance where mines exist to protect persons from these mines which cause disabilities;

(g) the enforcement of all activities and services that may help to prevent disabilities in people.

Tuesday 14 February 2017

Disability Rights 5: The right to special health services

Reproductive services for women with disabilities (WWDs).
Enforcing user friendly materials for PWDs visiting hospitals.
Encourage population based public health programs relevant to PWDs.

If you are a PWD and particularly WWD then these 3 health services are important for you. Each service is important for the reasons are described below.

1, if you are a WWD, your health workers should have educated you about the risks of sexually transmitted diseases (STDs) for the following reasons (see The Disability and HIV / AIDS by the National Union of Disabled Persons in Uganda:

More than 1 in 3 PWDs (38% women and 35% men) have reported an STD at some time.
There is a high correlation between the incidence of HIV/AIDS and STDs.
WWDs are more likely to be victims of sexual abuse.

2, supplying user friendly material for PWDs visiting hospital is more than supplying brailled information. It means having appropriate equipment such as lower beds, handrails around the hospital for the blind and accessible toilets for WWDs.

3, Doctor Etheldreda Nakimuli-Mpungu is working on an important population based public health program using group therapy to treat people with depression and HIV/AIDS. (For more information see the video Rolling back depression in Uganda).

Dr. Nakimuli teaching Gulu health workers about emotional self-care.

This law is written in section 8 of the Persons With Disabilities Act 2006:

8. Special health services

The Government shall promote special health services required by persons with disabilities including—

(a) providing access to reproductive health services which are relevant to women with disabilities;
(b) enforcing user friendly hospital materials, for use by persons with disabilities visiting hospitals:
(c) encouraging population based public health programmes relevant to persons with disabilities.

Monday 13 February 2017

Disability Rights 4: The right to health

In addition to the human rights laws in the Constitution of Uganda there are several other rights granted to persons with disabilities (PWDs). These rights are given by law, in the Persons With Disabilities Act 2006 (PWDA) which is modeled on the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Whether you are a PWD or not, these laws apply to you.

Section 7 of the PWDA says PWDs have the same rights as other members of the public in whatever health services they are using. Sign language interpreters will be available in medical institutions and sign language will be included in the curriculum of medical personnel. All drugs will be labelled in braille. All health materials and equipment that are required for your disability are tax free.

If you are a person with a mental health problem you are entitled to be treated with dignity and respect by the health professionals that work with you.

If you are a PWD, then any equipment or materials you need for your disability, like a wheelchair, crutches, walking frame or medications, are tax free.

From the Conclusion to the 2014 report Perceptions and experiences of access to public healthcare by people with disabilities and older people in Uganda: "Uganda must fulfil its international obligations and take progressive measures to meet the right to health for all its peoples, but especially allocate its limited resources to proactively support its most marginalized citizens."

This law is written in section 7 of the Persons With Disabilities Act 2006:

7. Health

(1) Persons with disabilities shall enjoy the same rights with other members of the public in all health institutions including general medical care.

(2) The purchase, importation, transfer or gift of health materials or equipment relating to disabilities shall be exempted from tax, duties, surcharges or levies.

(3) The Government shall ensure that—

(a) sign language is introduced into the curriculum for medical personnel;
(b) interpreters are included in hospital organizational structure;
(c) labels on drugs are pre-brailed.

Sunday 12 February 2017

Disability Rights 3: The right to education

Section 5 of the PWDA says that the government of Uganda is committed to encouraging inclusive education for all PWDs and it will formulate policies and programs at all levels of education focusing particularly on rural schools. Teachers currently teaching will be given full training in special needs, in addition more special needs teachers will be trained. Importantly the government is committed to spending not less than 10% of its annual expenditure on the educational needs of PWDs.

Section 6 of the PWDA prohibits discrimination against all PWDs by the educational service.

This law is important for PWDs because the government has pledged to spend at least 10% of its annual education budget on PWDs. However, the 2016-17 education budget has been reduced, the special needs budget now stands at a paltry 0.23% of the total budget (see Beware of Statistics).

“Education is the most powerful gift which you can give the excluded child in Uganda to change their world.”

These laws are written in sections 5 and 6 of the Persons With Disabilities Act 2006:

5. Education

Government shall, promote the educational development of persons with disabilities through—

(a) Encouragement of inclusive education;
(b) The formulation and design of educational policies and Programs that promote the special needs and requirements of persons with disabilities;
(c) The formulation of policies that give children with disabilities access to relevant education at all levels paying particular attention to the requirements of the girl child and children in rural areas;
(d) the establishment of special schools and units, where inclusive education is not possible, with curricula designed for different disability conditions;
(e) the inclusion of a module on teaching children with special needs in the curricula of teacher training courses;
(f) the provision of adequate training for special teachers and in service training for current teachers in mainstream schools to cater for the educational development of persons with disabilities;
(g) the provision of learning instructional materials and assistive devises suitable for learners with special needs;
(h) the enforcement of recruitment and retention of special education teachers in all schools and institutions;
(i) structural and other adaptations of all educational institutions to the needs of persons with disabilities and promotion of specialized institutions that facilitate research and development of their education;
(j) the commitment of not less than 10% of all educational expenditure to the educational needs of persons with disabilities at all levels;
(k) the provision of assistive services during examinations including giving extra time suitable for students with special disability needs.
6. Prohibition of discrimination from educational services

(1) A person shall not discriminate a person with disability to deny him or her educational services on the ground of his or her disability.

(2) A person shall discriminate a person under sub section (1)—

(a) if he or she refuses or fails to accept an application for admission in an educational institute by a qualified person because of that person's disability.
(b) if the terms or conditions of admission to his or her educational institution excludes persons with disabilities;
(c) by denying or limiting access to any benefit or service provided by the educational institution to a student with a disability;
(d) by expelling a student because of his or her disability;
(e) by subjecting a student with disability to any other unfair treatment, relating to his or her disability.
(3) The provisions of this section shall not apply to a person denied admission to an educational institution established primarily for students who have a particular disability where that person does not have that particular disability.

Subscribe to: Posts ( Atom )