Disability Rights 3: The right to education

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 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.