Convention of Rights 6: Equality and non-discrimination

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) forms the foundation of disability rights laws in Uganda and is the model for the Persons With Disabilities Act (PWDA) 2006. The CRPD underlines and recognizes that persons with disabilities (PWDs) are entitled to all the human rights enunciated in the The Universal Declaration of Human Rights. If you are a PWD the rights in the CRPD are your rights, if you do not have a disability it is your duty to uphold and promote these rights.

Article 5 of the CRPD says that everyone is equal before the law. Discrimination on the basis of disability is prohibited and PWDs should be guaranteed equal and effective protection on all grounds of discrimination. Equality and non-discrimination should be promoted by providing access to buildings using measures like tactile signs, sign language interpreters, ramps and lifts. Interventions designed to accelerate the achievement of equality will not be considered to be discriminatory.

This Article says that failure to provide access to buildings or facilities is discriminatory. Being able to access buildings and facilities means that PWDs have an equal opportunity to take part in community and social life. Providing reasonable accommodation is a key to is the key to greater equality. 

Discrimination is a very important concept in the CRPD, it is of 2 types, either direct or indirect. For example, direct discrimination may occur when a person with a disability is perceived as being unable to do a job or study because of their disability. Indirect discrimination occurs when a policy or procedure disadvantages a PWD. 

This 2016 Human Rights Watch news post Submission to the Office of the UNHCR on Art. 5 of the CRPD gives examples of discrimination:

Discrimination, as well as a more general social stigma and physical inaccessibility, prevented women with disabilities in Northern Uganda from receiving necessary information, accessing health care and other government services, and participating fully in the community. For example, the limited access to sign language interpretation in public institutions such as hospitals and police stations, coupled with the lack of training of deaf people and their families in sign language in the more rural areas, results in barriers to government services and programs for deaf women. Announcing programs solely on the radio also excludes deaf women.

The CRPD does not allow any form of discrimination. Everyone should have an equal opportunity to take part in activities in the community.

Agnes with her son Sunday.
Life for Agnes and Sunday used to be very different. Sunday has cerebral palsy and when he was born Agnes was put under huge pressure to abandon him. Much of Agnes’ community thought he was cursed and believed his cerebral palsy was the result of witchcraft. Feeling desperate and alone, Agnes hid Sunday away inside his house for the first two years of his life.

This is written in Article 5 of the CRPD in the following way:

Article 5

Equality and non-discrimination

1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.