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Convention of Rights 38: Postscript, advocacy

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) was signed and ratified by Uganda in 2008. It is important for ensuring human rights are observed. It is time the people of Uganda held their political representatives responsible for their obligations to this important international agreement (see Uganda: Why We Need to Hold Our Leaders Accountable).

Persons with disabilities (PWDs) suffer human rights abuse despite the existence of a legal and political framework of support. The 2016 National Union of Disabled People Uganda (NUDIPU) report UN challenges Uganda government on disability rights details the comments of Dr Uchenma Emelonye, a Country Representative of the United Nations office of the High Commissioner for Human Rights in Uganda. The report says:

The UN is concerned that although Uganda has very sound legal frameworks, their implementation remains a huge challenge. This is however not peculiar to Uganda, but nearly all African countries experience the same scenario.

“There are still challenges in the enjoyment of rights of PWDs in Uganda. The laws exist but implementation is still challenging,” Dr Emelonye said, adding that majority of PWDs in Uganda continue to suffer discrimination, exclusion, sexual violence against women and children, and experience serious challenges while accessing justice.

That most African countries don't honour their obligations is no defense. Uganda has some of the most progressive disability rights legislation in Africa and should continue leading the way. 

Why are disability rights important? Everyone is entitled to their human rights. Disability rights are human rights. The workbook Human Rights: Yes! describes human rights as:

Universal: Human rights apply to every person in the world, regardless of their race, colour, sex, ethnic or social origin, religion, language, nationality, age, sexual orientation, disability, or other status. They apply equally and without discrimination to each and every person. The only requirement for having human rights is to be human.

Inherent: Human rights are a natural part of who you are. The text of Article 1 of the Universal Declaration of Human Rights (UDHR) begins: “All human beings are born free and equal in dignity and rights.”

Inalienable: Human rights automatically belong to each human being. They do not need to be given to persons by their government or any other authority, nor can they be taken away. Nobody can tell you that you do not have these rights. Even if your rights are violated or you are prevented from claiming your human rights, you are still entitled to these rights.

These concepts are the foundation of the CRPD which serves to underline the human rights of PWDs. The rights in the CRPD are indivisible - all the rights must be taken together; interdependent - they can only be realized if they are all realized; and interrelated - they all effect each other. The workbook Human Rights: Yes! continues:

In simple terms, human rights all work together and we need them all. For example, a person’s ability to exercise the right to vote can be affected by the rights to education, freedom of opinion and information, or even an adequate standard of living. A government cannot pick and choose which rights it will uphold for the persons who live in that country. Each right is necessary and affects the others.

The message of the CRPD is clear, everyone is entitled to their human rights. Everyone can demand their human rights be protected, fulfilled and respected. 

When you advocate for human rights and use the human rights framework to support your work no one can say you are asking for special treatment or something you don't deserve. Everyone has a role to play to ensure the CRPD is implemented fully. The workbook Human Rights: Yes! continues:

The existence of human rights law does not make human rights a reality in people’s lives. Positive attitudes and good intentions are not enough either. Without individual efforts, a firm social and cultural commitment reinforced by group action, and strong implementation and enforcement by governments, human rights cannot be guaranteed.

Giving Voice to the Voiceless: Persons with Disabilities Advocacy in Africa.
IRI (International Republican Institute) has worked to advance the participation of persons with disabilities in Uganda for many years, initially focusing on supporting Ugandan civil society organizations to advocate for the implementation of the Persons with Disabilities Act of 2006. This advocacy in regions such as Iganga, Gulu, Masindi and Luwero, resulted in the construction of ramps to government buildings and schools, the provision of specialized health services at local hospitals, and increases in local budget allocations for services for disabled persons.

There is a great deal of work to be done and a need for advocacy. The report UN challenges Uganda government on disability rights concludes:

The CRPD committee therefore, recommends that Ugandan government reviews of the laws related to disability, establishes mechanisms of consulting PWDs and their organisations on budget allocations, incorporates the concept of reasonable accommodation in the legal systems, establishes measures to tackle discrimination against women with disabilities, increases awareness on the rights and dignity of PWDs, and raises awareness among members of parliament, executive and judiciary with the regard to the Convention on the rights of PWDs and ensure their support in implementation of the concluding observations in consultation with organisations of PWDs. 

(Note: These concluding observations can be found in the 2016 report the Committee on the Rights of PWDs: Concluding observations on the initial report of Uganda).

The CRPD provides a map for the future, a future where everyone is freely granted their rights. Human rights should not have to be requested, they are everyone's right. Under the terms of the CRPD the Ugandan government is accountable for implementing the rights in the Convention. It is time for the rights of PWDs to be acknowledged.

Convention of Rights 37: Postscript, human diversity and disability

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) has many important principles, the idea that disability is part of human diversity is of fundamental importance. Everyone should be aware of its importance to ensure every citizen gets their human rights.

That disability is fundamentally an aspect of human diversity is stated clearly in Article 3, d, in the General Principles of the CRPD. The principle is worded like this:

Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity.

In the social model of disability awareness of the barriers persons with disabilities (PWDs) face leads to a focus on the way society causes disability, the individual is lost. However with broad awareness of the barriers PWDs face in society it becomes easier to identify the human rights problems that need to be corrected. Addressing these problems the rights model of disability returns the focus to the human rights of PWDs.

That disability is a part of human diversity needs to be embraced. The workbook Human Rights: Yes! puts it like this:  

Disability as a natural part of human diversity: Everyone is different, whether that difference relates to colour, gender, ethnicity, size, shape, or other characteristics. A disability is no different. It may limit a person’s mobility or their ability to hear, see, taste, or smell. A psychosocial disability or intellectual disability may affect the way persons think, feel, or process information. Regardless of its characteristics, disability neither subtracts from nor adds to a person’s humanity, value, or rights. It is simply a feature of a person.

This principle is of importance to PWDs because when it is grasped the case for human rights is made clearly. The 2005 paper Disability as Diversity: A Difference with a Difference states the case clearly:

Disability is an inescapable element of human experience. Although it is rarely acknowledged as such, it is also a fundamental aspect of human diversity. It is so, first, in the sense that, world-wide, an enormous number of people are disabled. (The proportion of people who are disabled in different national populations varies significantly with economic development, health care, and other factors, of course, but in the United States, at least, people with disabilities make up the population’s largest minority.) Furthermore, because of the way this minority is constituted, it is arguably more heterogeneous than those of race, gender, class, and sexual orientation. Disabilities may affect one’s senses or one’s mobility; they may be static or progressive, congenital or acquired, formal (affecting the shape of the body) or functional, visible or invisible.

This principle is of fundamental importance to everyone, disabled and non disabled. Article 8, of the CRPD on Awareness Raising makes it clear that it is the duty of the state to educate everyone in this fundamental principle. It says, awareness raising measures should include things like maintaining awareness of the public through campaigns that are designed:

2, a, ii: To promote positive perceptions and greater social awareness towards persons with disabilities.

Disability as part of human diversity and humanity.

 The 2017 book The United Nations Convention on the Rights of Persons with Disabilities: A commentary describes the function of awareness raising that governments should be doing in the following way:

“Positive perceptions and greater social awareness” are key factors in helping people with disabilities lead fulfilling lives in a society that recognises their value and the richness of human diversity. However, mere “awareness” is not enough. Awareness should lead to “understanding” and “acceptance” in order to achieve an inclusive society, respectful of human diversity. In order to achieve this objective, awareness should not be linked to a “deficit model” of disability, i.e. implying that the person has a deficit that must be corrected but be linked instead to the recognition of the strengths, skills and inherent value of disabled people, and to the understanding that each individual is a subject with rights.

Disability is indeed a part of human diversity, it is of fundamental importance to everyone. Everyone should clearly understand that disability is a part of human diversity. Armed with this knowledge it becomes easier to acknowledge disability rights which are everyone's rights and especially the human rights of all PWDs.

Convention of Rights 36: Postscript, no right is isolated

One of the most important concepts contained in the United Nations Convention on the Rights of Persons With Disabilities (CRPD) is that none of the rights are isolated. The rights presented in the convention are all dependent on each other. In other words, all the human rights in the CRPD are indivisible, interdependent, and interrelated (see Preamble, (c)). Some of the Articles at the start of the Convention are fundamentally crosscutting and have an impact on other Articles. These Articles are sometimes called articles of general application. They are:

• Article 3, General principles
• Article 4, General obligations
• Article 5, Equality and non-discrimination
• Article 6, Women with disabilities
• Article 7, Children with disabilities
• Article 8, Awareness-raising
• Article 9, Accessibility

The workbook Human Rights: Yes! further illustrates the complex interactions of the rights in the CRPD. The examples presented here show how when an Article in the Convention not met it has a knock on effect causing other Articles not to be met; for example no access to education may mean that the right to health is not met because vital education was missed. Or an Article is not met because other interrelated rights have not been met; for example a school might be fully accessible for wheelchairs, but transport to school might not be accessible for wheelchairs meaning that the right to education is not being met. The few examples cited below will make this clear.

Article 9, The right to accessibility

Persons with disabilities have the right to education, but if a school or the school’s transportation system is not physically accessible, a student who uses a wheelchair may not be able to enjoy the right to education. If the school does not provide an accessible bus, then the student must find alternative transportation to get to school. Further, if the school has steps at the front entrance and there is no ramp or other way for the student to access the building, then the student may not even be able to enter the building. Even if the student can enter the building, he or she may still encounter inaccessible bathrooms or classrooms.

Lack of accessibility may prevent persons with disabilities from enjoying their right to participation in political and public life. For instance, persons who are blind may not be able to access voter information materials if they are not provided in alternative formats such as Braille or audio. If persons who are blind do not have access to voter information, they may not know when or where to register to vote, and even if they do show up, in many cases voter registration procedures may not be accessible. Additionally, many polling stations may not provide accessibility provisions, such as Tactile Ballot Guides or audio format, for persons who are blind to vote in secret. 

Article 17, Right to personal integrity

Forcible sterilization not only denies persons with disabilities the right to have children, but is also a violation of the right to respect for personal integrity and arguably constitutes a form of violence and abuse. 

Article 21, Freedom of expression

Lack of access to education can hamper the opportunities for persons with disabilities to acquire knowledge and learn skills that contribute to developing ideas and sharing those ideas with other people. Violations of the right to privacy may discourage persons with disabilities from expressing their ideas in letters or other forms that they feel may be subject to search or confiscation. Such concerns may be heightened for people who do not enjoy the right to live independently and in the community. These people often live in institutional settings where staff or others living there may not be sufficiently respecting their right to privacy.

Article 23, Respect for home and the family

Preventing persons with disabilities from living with their families constitutes a violation of the right to live independently and be included in the community, which recognizes that persons with disabilities have the same choices as others regarding where and with whom they live. 

Lack of access to an adequate standard of living, health care, and rehabilitation services can lead to malnutrition or general ill-health and can compromise the fertility of persons with disabilities. Violations of the rights to equal recognition before the law and also freedom of expression and opinion may deprive persons with disabilities of the opportunity to make, communicate, and act upon their own decisions related to their personal relationships. Similarly, lack of accessible information may deny persons with disabilities the opportunity to learn about sexual relations, family planning, availability of support services, or other information that they need to make informed personal decisions.

Article 24, The right to education

Education helps students develop meaningful skills that they will use in future employment. If children with disabilities do not enjoy the right to education, they may not have any skills that will help them exercise their right to work. The lack of work and financial support may impact other rights, such a one’s ability to live independently or the right to home and the family. Furthermore, education is important in helping members of society become informed about issues that impact them. When persons with disabilities cannot access their right to education, they may not be able to fully enjoy their right to participation in political and public life. There are many other examples of how the right to education is central for ensuring persons with disabilities can fully enjoy all of their human rights.

A school building may be accessible for a child who uses a wheelchair, but if no accessible transportation exists, the child may not be able to attend school. Furthermore, persons with disabilities who are denied the right to live independently and are forced to live in an institution may not have access to education. 

All the rights in the CRPD are indivisible, interdependent and interrelated.

An inaccessible transport system and inaccessible roads prevent this boy from getting an education.

Article 27, The right to work

A person with a disability who is unable to work and earn a fair wage may be unable to attain an adequate standard of living. This circumstance, in turn, may force that person to become dependent upon others, restricting choices and curtailing the ability to live independently in the community. In many cases, persons with disabilities who are unable to support themselves financially can become trapped in a cycle of poverty, unable to meet even their most basic needs for food, water, clothing, and shelter, or indeed raise a family as they would wish. In some countries, employment provides a means of accessing the health insurance needed to obtain health care services. Where persons with disabilities are unable to obtain employment in such countries, their access to health care services may also be restricted.

Perhaps the most far-reaching impact of the denial of the right to work is on a person’s sense of dignity and self-worth. In many societies, the ability to work is commonly viewed as one of the most important ways in which people can make their individual contributions to society, and those perceived as unable or unwilling to work may be viewed as less valuable members of that society, especially when their inability to earn a living causes them to become reliant on the support of the government or others. Thus, full enjoyment of the right to work can be of critical importance in the full inclusion of persons with disabilities as equal members of the societies in which they live, as well as in the self-image and sense of self-worth that persons with disabilities have.

These examples make it clear that all the human rights in the CRPD are indivisible, interdependent and interrelated. Failure to achieve a human right might not be because that right is not met, it might be because other human rights have not been met. The human rights enunciated in the CRPD have application throughout society, from the home to the community, from the individual to the State. No one is isolated.

Convention of Rights 35: Postscript, the Rights Model of disability

The social model of disability has been heavily criticized for many years (see Convention of Rights 34: Postscript, the Social Model of disability). Disability rights activists and persons with disabilities (PWDs) have been searching for an alternative model of disability. The United Nations Convention on the Rights of Persons With Disabilities (CRPD) is such an alternative that seeks to redress the failings of the social model of disability. This blog post gives a brief introduction to the rights model of disability.

The medical model of disability sees disability as something that belongs to the individual. It is not an issue for anyone other than the person affected. For instance, a person using a wheelchair cannot get into a building because of steps, the medical model suggests it is because the wheelchair, not the steps that are the problem. In contrast, the social model sees the steps as a disabling barrier (see The social and medical model of disability).

Many of the States that have signed up to the CRPD subscribe to the medical model of disability, this has 2 underlying assumptions that affect the rights of PWDs (see The United Nations Convention on the Rights of Persons with Disabilities: A commentary):

1. PWDs need shelter and welfare.
2. Disability can mean legal incapacity.

These assumptions lead to 2 problems:

The first assumption legitimizes the segregation of PWDs in special schools, sheltered workshops and living institutions.

The second assumption has led to mental health and guardianship laws that view PWDs as incapable of decision making.

The social model of disability (see Convention of Rights 34: Postscript, the Social Model of disability) was a way of understanding the nature of disability without the failings of the medical model. It was a powerful tool in moving away from the medical model. The social model however does not address the individual's experience of disability, it rather seeks to explain disability as a social construct consisting of discrimination and oppression with its focus placed more on society than the individual. 

The rights model of disability seeks to include the individual's experience of disability into the social model of disability. The following 6 arguments presented in the 2017 book The United Nations Convention on the Rights of Persons with Disabilities: A commentary describe the ways the rights model redresses criticisms of the social model:

First, whereas the social model merely explains disability, the human rights model encompasses values for disability policy that acknowledge the human dignity of disabled persons. Only the human rights model can explain why all persons with disabilities have a right to be legally recognized as a person before the law.

Second, while the social model approach to disability policy supports anti-discrimination policy and civil rights reforms, the human rights model is more comprehensive in that it encompasses both sets of human rights, civil and political, as well as economic, social, and cultural rights.

A third argument is as follows: whereas the social model of disability neglects the fact that disabled persons might have to deal with pain, deterioration of quality of life, and early death due to impairment and dependency, the human rights model of disability acknowledges these life circumstances and demands them to be considered when social justice theories are developed.

Fourth, the social model of disability neglects identity politics as a valuable component of disability policy, whereas the human rights model offers room for minority and cultural identification.

The fifth argument is that while the social model of disability is critical of prevention policy, the human rights model offers a basis for assessment when prevention policy can be claimed as human rights protection for disabled persons.

The sixth argument states: whereas the social model of disability can explain why two-thirds of the one billion disabled persons in the world live in relative poverty, the human rights model offers a roadmap for change.

Disability rights are moral rights.
Tied to a rope because she is disabled.
Lisa is tied to the tree during the day, as her parents go working. Her mother says she returns home at several periods to feed and clean her up.

The book The United Nations Convention on the Rights of Persons with Disabilities: A commentary concludes with the following observations:

The CRPD has further developed the social model into a human rights model of disability. The latter differs from the social model in at least six aspects. First, the human rights model ensures that no person with a disability is denied legal capacity. Second, it goes beyond non-discrimination rights and includes first and second generation human rights. Third, it acknowledges that impairment matters in the life of persons with disabilities. Fourth, it recognizes that identity is composed of different layers. Fifth, it provides a roadmap for non-discriminatory preventative health policy. Sixth, the human rights model proves a roadmap for disability inclusive development and humanitarian aid.

The Committee has embraced the term “human rights model” in its more recent concluding observations. Most of the States Parties’ reports, however, do not reflect a clear understanding of the human rights model of disability. While it has become unfashionable to rely on the medical model of disability, the paradigm shift to the human rights model has yet to be reflected in implementation.

The CRPD represents a significant development over the social model it disability. Through the rights model, the moral dimension of disability can be understood. Through the rights model of disability PWDs are able more clearly to know their rights and further understand how those rights can be achieved. The State and everyone in society becomes responsible for realizing the rights of PWDs.

Convention of Rights 34: Postscript, the Social Model of disability

The social model of disability has been around since the mid-1970's. It was a useful tool for changing the attitudes of people towards persons with disabilities (PWDs) because it provided a way to understand how disability operates in society. Since being described, the social model of disability has faced many criticisms (see The social model: a victim of criticism). This blog post will will detail those criticisms.

Firstly, what is The Social Model of Disability? Put simply, a person with an impairment (impairment is used instead of disability) meets a barrier to social inclusion, it is the barrier that creates the disability. This is an over simplification but it is a useful starting point to consider the social model of disability.

The 2015 article The social model: a victim of criticism discusses the social model of disability. The articles notes that after its description in the mid-1970's the social model of disability took on a life of its own, it became the big idea behind disability equality training. It also became the central focus for developing the consciousness of PWDs and helped to develop the disabled peoples’ movement. The social model of disability was a powerful tool for understanding the rights of PWDs:

Armed with the idea that we needed to identify and eradicate the disabling barriers we faced, the disabled people’s movement forced the media to change their images of us and transport providers to open up many of their services to us; public buildings became much more accessible and the legal system changed to make it illegal to discriminate against us.

The model was open to criticism which can be divided in 3 ways:

1. Embodiment: The experience of the PWD as they confront society.
2. Oppression: How the PWD is oppressed by society.
3. Inadequate theoretical basis: The theory is not developed enough and terms used need further development and discussion.

These criticisms are summed up in the 2014 article Exploring the critiques of the social model of disability: the transformative possibility of Arendt’s notion of power and they are listed here. The social model of disability:

• Does not engage with embodied experience and although separating the body from culture has meant political gains it has been at the cost of disabled people’s identities. This ‘gifts’ the body to medical interpretation.
• Focus is on physical impairment, and does not take difference into consideration; creating a hierarchy of impairment. This also ignores people with chronic illness and fluctuating impairments, delegitimising their status as disabled. Research may reify this position because it ignores impaired experience.
• Is essentialist because it ignores embodied experience, reifying the social; thereby limiting understandings of disability because personal experiences and social barriers remain undifferentiated.
• Engaging with the politics of disablement favours a materialist/Marxist worldview which means ignoring disabled people’s embodied experiences.
• Oppression is present in society but it takes different forms both explicit and implicit, but when and how these forms materialise is unclear. Oppression may also be transmitted by culture, but little is known of how oppression moderates the relationships between culture, language and socialisation.
• Oppression is a somewhat nebulous concept because it is not understood how attitudes become translated into actions, and if indeed this actually occurs.
• Oppression is poorly understood and therefore any further development of the social model is limited by the lack of conceptualisation.
• In concentrating entirely on oppression the social model of disability has become a straw man and is at risk of doing a disservice to disabled people.
• Disability is not an absolute dichotomy and there is a strong relationship between disability, social practices and impairment.
• Displays a priori thinking concerning oppression, applying it to all disabled people in defining disability as oppression.
• Using oppression in one form; the social, is a mistake because it reifies disability as the physical.
• The social model of disability needs to be further developed in order to fully explain disabled people’s experiences.
• The components of disability need to be further conceptualised in order to improve the explanatory power of the social model.

The 2004 paper The Social Model of Disability: A Philosophical Critique sums up the discussion:

As a concluding note I suggest that, despite its internal limits, the social model of disability nevertheless acts as a powerful and important corrective to our understanding of disability, to simplistic views on the experience of disability and, more importantly, to the oppressive nature of some social arrangements. This is the actual powerful core value of the model, its constant reminder to face issues of inclusion as fundamental moral issues.

From the above discussion it is clear that the social model is in need of improvement. The United Nations Convention on the Rights of Persons With Disabilities (CRPD) provides a new rights based model for the consideration of disability which will be considered in the next post.

Convention of Rights 33: Conclusion

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.

The CRPD is an important convention, based on The Universal Declaration of Human Rights it details the rights of all PWDs. When the Convention was ratified by the Ugandan State, the rights in the Convention were granted to all PWDs in Uganda meaning that PWDs in Uganda have the same human rights as everyone else. Furthermore, this Convention became the basis for disability laws like the PWDA and so the CRPD is of double relevance to PWDs. The rights granted in the Convention apply to everyone in Uganda, it is the legal duty of non disabled people to support the rights of PWDs.

The CRPD has many messages. Importantly the Convention maintains that disability is part of human diversity. Being disabled therefore does not make someone less of a human being. The rights granted in The Universal Declaration of Human Rights were for everyone. The CRPD therefore serves to underline the inclusion of all PWDs in human rights. Disability, after all, can happen to anyone at any time. Indeed, most people experience some form of disability due to illness or injury for periods of their lives. With this in mind the Convention was fashioned.

The CRPD is unique because it details the rights of PWDs and states exactly what each right means (see Embracing the new disability rightsparadigm: the importance of theConvention on the Rights of Personswith Disabilities). For the first time the rights of PWDs have been acknowledged and PWDs have a way to get their voice heard. Underpinning these ideas are several important concepts which bind the Convention together, three of the most important concepts are equality, non discrimination and removal of barriers.

Everyone has the right to be heard.
Deaf Link Uganda: Reporting back from week three of the Geneva marathon of Spring 2016.

Everyone is equal, it goes without saying that PWDs are all members of society and have an equal right to all the rights in the CRPD. For instance, PWDs have the right to be heard. Every PWD has a right to an opinion, and every PWD has a right to express their opinion. Consequently PWDs that require support to express their opinion are entitled as a right to that support. The Convention further recognizes that women have the same rights as men regardless of custom or culture, and children also have the right to an opinion and have the right be heard equally, on age appropriate basis. The intention of these rights is to remove stigma and prejudice and give the chance for PWDs to participate fully in society on an equal basis.

PWDs are often the poorest people in society, facing discrimination throughout their lives. The CRPD seeks to remove discrimination by highlighting the rights of PWDs. Discrimination can take many forms besides the stigma and prejudice of the the disability. The CRPD recognizes that discrimination is multilayered and that PWDs face multi discrimination. For instance they may face additional discrimination from their age, gender, culture or custom and/or ethnicity. The CRPD itself says that failure to grant any of the rights is discrimination. For instance, failing to listen to the needs of a child with a disability (CWD) because they are a child is age discrimination, CWDs have the right to be heard.

Barriers faced by PWDs are not limited to physical barriers like buildings that are inaccessible because of no ramps, lifts, braille or easy to read signs. Buildings, services and rights maybe inaccessible because of people's attitudes. It is no longer allowed to deny a person access to their rights on the basis of disability. The CRPD was put in place to remove barriers to accessing rights.

The page Why is the Convention on the Rights of Persons with Disabilities important? sums up the importance of the CRPD:

For the first time, a legally binding international instrument now exists to guarantee that States that have ratified the treaty will promote and protect the rights of people with disabilities. These States will next work on passing their own national civil rights legislation to improve the lives of people with disabilities.

The CRPD is relevant and important for everyone in the community. It means your voice can be heard. With the support of the CRPD you can demand your rights.

Convention of Rights 32: Statistics and data collection

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 31 of the CRPD says:

1, The State is responsible for collecting data to monitor and formulate policies based on the CRPD. Collecting and maintaining information shall:

a, comply with the law, ensure confidentiality and protect the privacy of PWDs.

b, comply with international norms to respect human rights and freedoms, and respect the ethics of collecting data.

2, the data shall be split up as far as possible into its components and be used to help assess the implementation of obligations under the CRPD to better identify barriers faced by PWDs in accessing their rights.

3, the State is responsible for telling people these statistics and ensuring they are accessible by PWDs and others.

This Article is about obtaining simple straightforward data that is not confusing so that it is possible to use and compare statistical data. There are no international standards for data collection. It is for the discretion of governments to decide what data is collected. However, data collected should be used to assess whether the CRPD is being implemented correctly. It should be noted that data collection and presentation is not a right. The 2017 book The United Nations Convention on the Rights of Persons with Disabilities: A commentary makes the following observation:

Article 31 may not be the most discussed provision in the available literature on the CRPD, but it has the potential of being one of the provisions that can have the most impact. One explanation for the ‘low profile’ of this provision is that it has a more instrumental rather than substantive character. Hence, at the negotiation sessions leading to adoption of the CRPD, the Israel Human Rights Centre for People with Disabilities, commenting on the proposal of a provision on data and statistics in the CRPD, observed that collection of data was ‘a tool in the promotion of rights, not a right in itself.’ For this, some have argued that Article 31 did not belong in a human rights treaty.

Nevertheless, the idea of an obligation to collect data was not foreign to the Ad Hoc Committee responsible for negotiating the draft treaty. Data collection has been recommended in Rule 13 of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, which specifies that ‘States assume the ultimate responsibility for the collection and dissemination of information on the living conditions of persons with disabilities and promote comprehensive research on all aspects, including obstacles that affect the lives of persons with disabilities.’ In General Assembly Resolution 58/132 of December 22, 2003, para. 8, the importance of improving data and statistics covering persons with disabilities was also stressed. Likewise, the call for collecting data has been reiterated in connection with other UN conventions. To have a provision on data collection in the text of a human rights treaty is nevertheless a breakthrough.

The 2014 National Union of Disabled Persons of Uganda (NUDIPU) report Alternative Report to the UN Committee of Experts on the Implementation of the CRPD gives the following criticism of statistics collected by the Ugandan Government:

174. Current data is predominantly based on estimates and that captured by the Uganda Bureau of Statistics (UBOS) is too general and may be insufficient to guide planning processes. It is not disaggregated to gender, nature, age and extent of disability.

175. Refugees with disabilities are often hidden in refugee and displaced people’s camps, and are subsequently not identified in data collection or included in needs assessments. Consequently, mainstream assistance programs exclude them.

This blog has found that it is difficult to get accurate information on the number of PWDs in Uganda.

This graphic is from THE STATE OF THE WORLD’S CHILDREN 2013.

To collect statistical data on the number of PWDs in a population 6 core questions have been identified by the Washington Group (WG). These questions are enough to accurately record the number of PWDs in Uganda. In 2006, 20% of the population was assessed as having a disability using these 6 questions (see How is disability measured in Uganda?

The National Population and Housing Census 2014 – Main Report using only 4 of the core questions puts the number of PWDs at 12.5% of the population (see Estimate of the Numbers of Persons With Disabilities (PWDs) in Uganda).

The Uganda Demographic and Health Survey 2011 is said to be representative of the Ugandan population. In all 10,086 households were surveyed with 9,247 women age 15-49 and 2,573 men age 15-54. It estimates the number of PWDs in Uganda to be 19.2% of the population aged 5 years and over using the 6 questions identified by the WG (see Estimate of the Numbers of Persons With Disabilities (PWDs) in Uganda).

In summary, the 2006 census of all people in Uganda found the number of PWDs to be 20%. Since then only estimates or incomplete data have been used to record the number of PWDs. Sometimes the most recent data isn't the most accurate, statistics need to be examined carefully.

This is written in Article 31 of the CRPD in the following way:

Article 31

Statistics and data collection

1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall:

(a) Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities;

(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics.

2. The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights.

3. States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.

Convention of Rights 31: Right to culture and sport

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 30 of the CRPD says:

1, PWDs have the right to take part in cultural activities and measures will be taken to ensure PWDs:

a, have access to cultural materials in accessible formats.

b, have access to TV, films, theaters and other cultural activities in accessible formats.

c, have access to cultural performances and other services like theaters, museums, cinemas, libraries, tourist services and as far as possible enjoy national monuments and sites of cultural importance.

2, PWDs should be able to develop and use their creative, artistic and intellectual potential for their own benefit and the enrichment of society.

3, PWDs are ensured that the laws that protect intellectual property  rights are not unreasonable or a discriminatory barrier for PWDs to access cultural materials.

4, PWDs are entitled to recognition and support for their specific cultural and linguistic identity, including sign languages and deaf culture.

5, PWDs should be enabled to participate on an equal basis in recreational, sporting and leisure activities. Measures will be taken to:

a, encourage participation in mainstream sporting activities at all levels.

b, ensure PWDs have the opportunity to organize, develop and participate in disability specific sports and recreation activities, and to encourage instruction, training and resources.

c, ensure PWDs have access to sports, recreation and tourist venues.

d, ensure children with disabilities have the same access as other children to play, recreation, leisure and sports activities including activities in school.

e, PWDs have access to services from those who organize recreational, tourism, leisure and sporting activities.

Being able to take part in sport, recreation and cultural activities is an important part of inclusion in any community. PWDs are often denied the right to take part and more often children with disabilities (CWDs) are denied the right to play. Discrimination takes many forms, for instance people in wheelchairs are denied access to movies and theaters because their wheelchair are said to be fire hazards. Hotels and tourist activities have barriers and buses are not equipped for wheelchairs (see Human Rights: Yes!).

The rights in the CRPD are all linked together, no right is separate or independent. This can be seen clearly, for instance, where legal and policy barriers cause exclusion when schools and universities do not have inclusion policies for PWDs in sport and recreation activities. Or when information announcing cultural events is not available in an accessible format. Community participation is also an important tool for social mobilization in community public health campaigns. Inaccessible sports facilities prevent the inclusion of PWDs in sports programs which are a valuable way of promoting peace and social inclusion (see Human Rights: Yes!).

Sport is a valuable tool for CWDs to gain self respect and confidence says the 2017 report Building an inclusive community through disability sport. The report continues, describing the success of the project:

At the end of the three-year project 587 disabled children had participated in sport and benefited from the additional peer support. Evaluations found that 95% of these children showed increased confidence; at least 78% had an increased awareness of their rights and how to defend themselves; all children showed increased levels of independence and empowerment and about 50% shared stories of advocacy actions; and, crucially, all of these children made new friends with able bodied children with 70% feeling more included in community activities. We also saw children enrolling in school for the first time and parents became much more aware of the abilities of their children.

The following comment from the report shows the importance of sport and leisure activities to CWDs:

14-year-old Vincent was one of the children that we worked with: “I didn’t know disabled sports existed. Now I realise I am capable of taking part in sport, I have potential. I’ve learned to respect myself. I have made friends with other disabled children. I see the coaches as role models; they have taught me that disability does not mean inability."

This 2016 news article, First Ugandan Paralympic Medal Winner Returns Home a Winner, about David Emong's silver in the 1500 meters in the Paralympics in Rio shows the importance of sport to everyone in Uganda. Emong is quoted as saying: 

“I really worked very hard to pave a way for other upcoming athletes that are coming behind me. And I really thank those who have prayed for me. I thank the Uganda National Council of Sports for supporting me. And other members who have been giving me support... my dream now is to bring the gold medal for my country.”

If you are a PWD it is your right to take part in the cultural life of your community. Sport can bring a whole nation together recognizing achievement.

This video provides an insight in deaf culture in Uganda:

An important aim of this right is to ensure the recognition of deaf culture. Deaf Link Uganda (DLU) works to:

promote the welfare of deaf and hard of hearing people in Uganda. We operate projects in urban, semi-urban and rural areas providing intervention services that enable deaf and hard of hearing individuals realise and utilise their potentials to become self-reliant citizens capable of contributing to community and national development. Deaf Link Uganda is committed to overcoming all forms of barriers through supporting inclusive societies that recognise and celebrate deaf people’s diversity.

This is written in Article 30 of the CRPD in the following way:

Article 30

Participation in cultural life, recreation, leisure and sport 

1. States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities:

(a) Enjoy access to cultural materials in accessible formats;

(b) Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats;

(c) Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.

2. States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society.

3. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.

4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.

5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures:

(a) To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels;

(b) To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;

(c) To ensure that persons with disabilities have access to sporting, recreational and tourism venues;

(d) To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;

(e) To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.

Convention of Rights 30: Right to take part in political life

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 29 of the CRPD says PWDs have a right to a political life, the State undertakes:

a, to ensure PWDs can take part in public and political life either through freely chosen representatives or having the opportunity to vote or be elected by:

i, ensuring voting is accessible and easy to use.

ii, ensuring PWDs have a right to a secret vote without intimidation, they can stand for office and perform all public functions at any level of government using assistive technologies as appropriate.

iii, PWDs are guaranteed the right to freely express themselves as electors and can nominate a person of their choice to assist with voting.

b, to promote an environment where PWDs can participate fully in public affairs and encourage participation, including:

i, participating in non-government organizations and associations concerned with the public and political life of the country and in activities of political parties.

ii, forming or joining PWDs organizations to represent PWDs at international, national, regional and local levels.

PWDs are often excluded from discussions that affect their lives. Their absence from these discussions reinforces barriers to participating fully in society. The workbook Human Rights: Yes! says this article guarantees the following rights to PWDs:

• To vote in elections on a non-discriminatory basis.
• To access an effective, impartial, and non-discriminatory procedure for the registration of voters.
• To have equal and effective access to voting procedures and facilities in order to exercise their right to vote, including the provision of reasonable accommodation.
• To cast their ballot in secret.
• To have assistance in order to exercise their right to vote or to stand for election as a candidate for public office.
• To participate in the conduct of public administration, including the administration of political parties and civil society.
• To participate in the work of international organizations, including serving as a representative of government in international organizations.
• To form and join disabled people’s organizations (DPOs) at all levels.

The right to vote is of fundamental importance in every democracy and PWDs have the right to vote freely and equally with everyone else. It the right of PWDs to vote without facing barriers to access. Obstacles to voting include things like inaccessible polling places which often have environmental barriers like lack of parking, narrow doorways, stairs, or no easy to read signs (see The United Nations Convention on the Rights of Persons with Disabilities: A commentary). Other barriers are often present, like inaccessible information on public meetings, political parties and voting procedures; or inaccessible voting technologies because there is no paper ballot; or other obstacles like small voting booths. Failure to provide any of these facilities, means that PWDs are being denied the right to vote.

The 2014 paper Sucessful Inclusion of PWDs in Democratic Governance, Structures and Processes - Case of Uganda discusses the history of democratic institutions in Uganda. It focuses on the history of PWDs political representation and in particular what inclusion in the democratic process means. It presents the following lessons on inclusion of PWDs in democratic processes. It says the:

• Disability movement is a key pillar in the success of inclusion. Sustained mobilisation, lobbying and advocacy to create the awareness and the conviction that persons with disabilities can contribute to the development of our society is of the backbone of the inclusion crusade...
• It is quite evident that if the potentials of PWDs are harnessed to the fullest by providing opportunities to them enables them to participate fully in all matters concerning development in the social, economic and political aspects.
• In order to promote an effective inclusion of PWDs it is imperative of any group, organisation or Government to advocate for formulation of appropriate legislations and support its implementation...
• Without increased commitment and political will to implement a rights based agenda to disability issues, it is unlikely that sufficient human and natural resources will be made available for disability service provision. The political climate of the day goes a long way in influencing the growth and sustaining of the disability agenda...
• Representation of PWDs cannot be complete if it does not fall under the political structures right from the top to the bottom...
• Affirmative action goes a long way in effecting inclusion. This applies more in promotion of gender inclusiveness especially women with disabilities...
• Access to education at all levels is essential for PWDs. It has been variously said that the easiest and the most systematic way of keeping a people marginalised and denied all opportunities is by denying them education...
• Financial resources can play pivotal role in implementing the policies and making PWD actively participate in governance issues. This can be achieved through budgeting processes and creation of special ministries to deal with disability issues...
• Enactment of laws that promote inclusion is of prime importance in the process of inclusion. However for many countries that may get inspired by the achievements recorded in Uganda should be able to appreciate that it is one thing to enact laws and another one to ensure they are implemented and Uganda has performed excellently in this regard.
• The leadership of organisations of PWDs should also make an effort to study, internalize the laws and advocate for their implementation at all levels of societal organization. The major reason why most laws are not implemented is because the people and the state machinery are not aware of them.

If you are a PWD, you have the right to vote and you have the right to take part in the political process.

Uganda’s reserved elected seats for persons with disabilities.
Uganda’s Constitution of 1995 rules that the State shall ensure fair representation of marginalized groups – including persons with disabilities – on all government bodies. As a result, legislators have passed several acts to increase the representation of persons with disabilities in the public sphere. Parliament has reserved five seats for Members who represent persons with disabilities; and every village, parish, sub-county, and district council has to include at least one man and one woman with a disability. Uganda’s 47,000 representatives with disabilities are easily the largest group of politicians with disabilities in the world.

This is written in Article 29 of the CRPD in the following way:

Article 29

Participation in political and public life

States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake:

(a) To ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:

(i) Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;

(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;

(iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;

(b) To promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:

(i) Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;

(ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.

Convention of Rights 29: Right to an adequate standard of living

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 28 of the CRPD says 1, PWDs have the right to an adequate standard of living for themselves and their family. That includes food, clothing and housing, and to the continuous improvement of living conditions.

2, PWDs have the right to social protection through the following measures:

a, equal access for PWDs to clean water, and appropriate devices and other assistance for disability needs.

b, Ensuring access by PWDs more particularly women and girls with disabilities and the elderly with disabilities to social protection and poverty reduction programs.

c, For PWDs living in poverty access to State assistance with disability related expenses, including training, counselling, financial assistance and respite care.

d, PWDs should have access to public housing.

e, PWDs should have equal access to retirement benefits and programs.

The right to an adequate standard of living is a fundamental right for all PWDs. The Universal Declaration of Human Rights says:

Everyone has the right to a standard of living adequate for the health and well being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Without this right, other rights cannot be accessed. For instance, a PWD who cannot find work to earn money might not be able to attain an adequate standard of living; or a PWD living independently might need support to achieve an adequate standard of living; or not having an adequate standard of living may require a PWD to live in institutional care to get water, food or shelter (see Human Rights: Yes!).

The 2016 report Implementation of the UN Convention on the Rights of Persons with Disabilities in Uganda offers the following examples of how this right is not met. In these cases discrimination on the basis of age leads to missing out on the right to an adequate standard of living:

141. The Uganda Constitution’ Objectives and State Principles on standards of living and social protection are focused mainly on the aged. E.G., Objective VII addresses the protection of the aged where the State undertakes to make reasonable provision for their welfare and maintenance. Objective XIV mentions pension and retirement benefits which apply to the aged whilst there is no provision for PWDs. The Government of Uganda has yet to develop any form of social assistance for PWDs. PWDs are further excluded from the law on housing which aims to provide housing accommodation for citizens of Uganda at an economical cost. Such assistance would greatly improve the standard of living and social protection of PWDs.

142. Although programmes exist to improve the standard of living in the community, the select criteria used generally discriminate against PWDs. One such criterion is for beneficiaries to work in groups. Due to the perception that PWDs are incapable of working, few groups can recruit them.

Members of Parliament (MP's) are actively engaged in establishing universal social welfare as this 2017 report MPs in Uganda make case for universal social protection programme shows:

Parliaments have a key role in advancing the social protection agenda and encouraging the progressive realization of the rights to social security and an adequate standard of living.

An example of the active engagement of legislative bodies in setting the social protection agenda was a recent event organized by the Uganda Parliamentary Forum on Social Protection, held in Kampala on January 16th 2017. The session focused on making the economic case for social protection and building an inclusive national social security system. In Uganda, in recent years, the Expanding Social Protection Programme (ESP) – funded by DFID and Irish Aid – has been engaging with Parliament to build support for Uganda’s pilot Senior Citizen’s Grant (SCG), a universal social pension for those over-65 years.

If you are a PWD you are entitled to an adequate standard of living.

All you need to Know: Expanding Social Protection Programme Phase I (ESP1).
The purpose of the ESP1 Programme was to embed social protection into Uganda’s national planning and budgeting processes. Critical to this embedment is funding by the Government of Uganda to the extension and and roll out of the Senior Citizens Grants beyond the initial 15 districts. The objectives of the pilot were twofold: First, to provide lessons from which the government could take decisions to build and expand social protection in the country. The second was to build systems to support the development of the social protection framework for Uganda.

This is written in Article 28 of the CRPD in the following way:

Article 28

Adequate standard of living and social protection

1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.

2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:

(a) To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs;

(b) To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes;

(c) To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability related expenses, including adequate training, counselling, financial assistance and respite care;

(d) To ensure access by persons with disabilities to public housing programmes;

(e) To ensure equal access by persons with disabilities to retirement benefits and programmes.