Disability Rights 18: Right to access public facilities

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 29 of the PWDA states that anyone running a public service or facility should ensure that it is accessible by all persons including PWDs. This means any service that is used by all members of the public should be accessible to everyone. Some examples of these services and facilities are:

• 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.