Disability Rights 25: Rights of the family

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 36 of the PWDA says PWDs have the right to a home and a family. PWDs also have the right to express their sexuality in a relationship. At the age of 18 years a PWD is free to marry a spouse of their own choice. Each person has equal rights in a marriage. You are also free to have any number of children in your family when you choose. A PWD has the right and duty to bring up their own children. A child with a disability has the right to be with their parents.

This section of the law is about three things:

1. Women's sexual and reproductive rights
2. The rights of children.
3. The rights of the family.

Taking each of these in turn:

1. If you are a woman with a disability you have the right to express your sexuality in a relationship. You have the right to marry after you are 18 years old. You are equal in marriage with your partner. You are free to choose when you get pregnant and have any number of children you want. You have the right and duty to bring up your children.

2. Children with disabilities have family rights too. Parents have duty to bring up their disabled child and a child with a disability has the right to be with their parents.

3. Above all you have the right to have a family, and with that right comes responsibilities. If you are a parent you have right to have children and a duty to bring up your children.

If you are a PWD all these rights are yours. You can express your sexuality in a relationship, you have the right to marry after you are 18 and you are equal to your partner, you can choose how and when you have children and you have the right to live in a family with your children.

Hellen Nakiriya, a nurse, explains to Susan Isabirye who is deaf, and speech impaired how a coil works. 

PWDs are often the victims of sexual abuse, if you are a woman with a disability you are more likely to be a victim of abuse. This 2015 newspaper article, Sexual and reproductive health rights for women with disabilities wanting, highlights some of the issues women with disabilities face:

The right to sexually associate freely means having choice to choose with whom and where to have sexual intercourse. But that is far from the reality Juliet Nanungwe, a resident of Kamuli Town Council experienced. The 39-year old mother of four is physically crippled. She uses a wheel chair. She is married with four children but relatives of her husband hurl insults at her. “They say I am a curse in their family because I am disabled,” she laments.

This law is written like this in section 36 of the Persons With Disabilities Act 2006:

36. Rights of the family.

(1) A person with disability has the right to a home and a family and shall be entitled—

(a) to experience his or her sexuality and to have sexual and other intimate relationship;

(b) at the age of eighteen years and above, to marry a spouse of his or her own choice and to found a family;

(c) to equal rights at and in marriage, during marriage and at its dissolution;

(d) to decide the number and spacing of his or her children; and

(e) to guardianship, trusteeship and adoption of children under the relevant laws.

(2) A person with disability has a right and duty to care for and bring up his or her child and shall not be separated from his or her child except in accordance with the law.

(3) A child with disability shall not be separated from his or her family or a person entitled to bring up that child except in accordance with the law.