DiSU

Wednesday, 1 March 2017

Disability Rights 20: Discriminatory advertising

Section 31 of the PWDA says it is illegal to place an advertisement that contradicts this Act.

What is discriminatory advertising? The following examples from employment interviews illustrate the point very clearly.

In this first example from a 2014 Ugandan paper Challenges in the Promotion and Protection of the Rights of PWDs, information is omitted from an advertisement:

Government jobs adverts attest to the reluctance to employ PWDs and reflect disability insensitivity, because they lack statements such as ‘Qualified PWDS are encouraged to apply’ and instead promote sentiments such as ‘Previous work experience and ability to drive,’ so to say –qualities most PWDS do not have.

In this next case education services are not allowed to discriminate against PWDs by law. This experience is from a 2016 paper My story, my rights: how individual stories of people with disabilities can contribute to knowledge development for UNCRPD monitoring:

‘Negative attitudes of others’ was once again considered the most significant barrier to work and employment by persons with disabilities in Uganda, in the stories that related to this theme. Storytellers said that they are often perceived as ‘incapable of doing a job’, as the following story quotes reveal:

- One day I went to search for a job… It was about teaching. When I got there, people told me that they could not give me a job because of my disability...

Finally, this job was advertised as open to PWDs, but the interviewee faced discrimination during his interview. This comes from a 2012 newspaper article Patrick Obure: Physically impaired, but an able painter:

“I was once shortlisted and when I came for the interview, the way the head of the panel asked me questions suggested the job wasn’t for people of disabilities. I was asked to leave. I was harassed. Yet in the advert they had indicated they had equal opportunities.”

If you are a person with a disability you should understand that failure to state that a job is open to PWDs in an advert is discriminatory because information is missed out. Missing out information is just as discriminatory as advertising a job as open to PWDs and discriminating in the interview. Both are against the law.

Discriminatory advertising shouldn't prevent anyone from getting a job.

This law is written like this in section 31 of the Persons With Disabilities Act 2006:

31. Advertisements implying discrimination

(1) No person shall, publish, display, circulate cause or permit to be published, circulated or displayed, an advertisement or notice that indicates, or could reasonably be understood to indicate, an intention to do an act that is unlawful under the provisions of this Act.

(2) For the purposes of subsection (1),"advertisement "includes all forms of publicity-

(a) in newspapers, television or radio;

(b) by display of notices, signs, labels, show cards or goods;

(c) by circulation of samples, catalogues pricelists, leaflets, handbills or any other form of circular;

(d) by exhibition of pictures, models, photographs, films or any other form of exhibition.

Tuesday, 28 February 2017

Disability Rights 19: Right to sports and recreation

Section 30 of the PWDA states that PWDs have the right to take part in sports, leisure and recreation activities. This section of the PWDA further adds that it is the duty of the appropriate government organ, the Ministry of Education and Sports, to promote this right. This section of the law guarantees PWDs the rights to:

Compete in National and international events.
Organize and participate in events, and receive training, instruction and resources like other participants.
Access sporting and recreation venues.
Access the services of organisations responsible for all sports.

It also says that PWDs shall not be prevented from taking part in any sport or recreational activity on the grounds of their disability. And importantly, at least 10% of all funds allocated to sporting activities are available for the development of sports for the disabled.

It is important to understand that at least 10% of all the annual sports budget should be used for PWDs. According the the 2017 Budget (see Uganda Budget Information), Physical Education and Sports receives 1.35% (6.95 billion shillings) of the Ministry of Education, Science, Technology and Sport's annual budget. It is unclear how much of that budget is allocated to sports for PWDs.

If you are a PWD you are entitled to enjoy sports, recreation and leisure activities just like any other citizen of Uganda.

British wheelchair basketball player Ade Adepitan meets stars of the Ugandan national wheelchair team.

This law is written like this in section 30 of the Persons With Disabilities Act 2006:

30.Sports and recreational activities

(1) It shall be the duty of the appropriate Government organ to promote the right of persons with disabilities to participate in recreational, leisure and sporting activities and shall take appropriate measures to enable persons with disability-

(a) to participate in mainstream sporting activities at regional, national and international levels;

(b) to organize and participate in sporting activities receiving necessary instructions, training and resources that are available to other participants.

(c) have access to sporting and recreational venues;

(d) have access to the services of the organizations responsible for specific sporting activities.

(2) A person shall not exclude any person from a sporting activity or recreational activity in which he or she can participate on ground of his or her disability.

(3) The provisions of subsection (2) shall not apply to-

(a) a person who is incapable of performing the required sporting activity;

(b) a person conducting sporting activities for persons who have a particular disability and that person does not have that disability.

(4) At least 10% percent of all funds committed to sports and recreational activities shall be used for the development of the recreation and sports of persons with disability.

Monday, 27 February 2017

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.

Sunday, 26 February 2017

Disability Rights 17: Right to supportive social services

Section 28 of the PWDA says that PWDs have the right to social support services. These services include:

Supplying assistance devices that will aid mobility, access to specialist doctors and medical treatment, and personal assistance services.
Special training to improve functional limitations: For example training in the use of white canes for the blind, access to physiotherapists and occupational therapists.
Counseling, rehabilitation and orientation to improve self-image.
Care services for the children of PWDs.

Uganda is developing social care and support services all the time through its Expanding Social Protection (ESP) program. The 2013 paper DEVELOPING SOCIAL CARE AND SUPPORT SERVICES IN UGANDA: A Literature Review of International Experience in Implementing Social Care and Support Services: Considerations for the Ugandan Context discusses some of the themes of social care. The paper sums up the vision for social care in Uganda:

Social Care Services support communities, households, families, groups and individuals to promote resilience and reduce the vulnerability of children and adults allowing all to live to their full potential in their family and community and to fulfil their rights and aspirations.

The Ministry of Gender, Labour & Social Development offers the following conclusion in its current discussion of the ESP Program:

Although a range of social protection instruments exist in Uganda, they have limited reach in terms of the numbers and types of people targeted. Provision of the core of many social protection systems -Direct Income Support- is very limited. The country also at the moment lacks a clear national vision for building a comprehensive social protection system as well as key instruments at national level such as Direct Income Support. Coordination of social protection issues in the country is limited; leading to potential gaps and duplications in coverage for the most vulnerable.

Uganda: For Women with Disabilities, Barriers and Abuse: After 20 years of displacement and war in northern Uganda, women with disabilities - physical, sensory, mental and intellectual - face an even more complex and grueling process of return and relocation than their neighbors. They experience stigma and sexual violence and are often denied access to health care and justice.

This law is written like this in section 28 of the Persons With Disabilities Act 2006:

28. Right to supportive services

Government shall provide supportive social services to persons with disabilities through-

(a) acquisition of assistance devices, medical specialty and assistance personal services;

(b) specialized training activities to improve functional limitations;

(c) counseling, rehabilitation and orientation to improve their self-image;

(d) child care services for the children of persons with disabilities.

Saturday, 25 February 2017

Disability Rights 16: Right to support or additional services

Section 27 of the PWDA says that it is the duty of anyone running a service to provide support or additional services for PWDs. Support or additional services are more than sign language interpreters and braille documents. The list below has examples of support and additional services, also known as auxiliary aids and services (see National Disability Navigator Resource Collaborative: Auxiliary Aids and Services):

qualified interpreters
note takers
screen readers
Computer Aided Real-Time Transcription (CART)
written materials
telephone handset amplifiers
assistive listening devices
hearing aid compatible telephones
text telephones
open or closed captioning
video interpreting services
email
text messaging
qualified readers
taped texts
audio recordings
Braille materials
large print materials
material in electronic formats

If you are a PWD, you are entitled to support or additional services from a service provider if you will benefit from them. If you have a brain injury for instance you may need someone to explain what is going on more slowly or in a simplified language. If you are blind and you cannot read braille you may ask for an audio recording.

Uganda Sign Language Interpreter.

This law is written like this in section 27 of the Persons With Disabilities Act 2006:

27. Provision of auxiliary aid or services

It shall be the duty of the provider of a service to provide auxiliary aid or service where it enables or facilitates persons with disabilities to make use of a service.

Friday, 24 February 2017

Disability Rights 15:The right to access buildings and facilities

Section 26 of the PWDA says that a building or facility must be accessible to all PWDs. If the building or facility is not accessible because of design it is the responsibility of the provider to give an alternative method to make the building or facility accessible.

If you are a PWD, providing access means giving dignity and equality to everyone. Dignity and equality are the cornerstones of the PWDA and they are everyone's right. Failure to provide access to a building or facility is against the law and against human rights.

It is the duty of the provider to offer alternative access for PWDs.
Unfortunately, most of the buildings in the country do not have ramps even when the law says they should.

This law is written like this in section 26 of the Persons With Disabilities Act 2006:

26. Inaccessible physical features

(1) Where a physical feature such as one arising from the design or construction of a building or the access to premises makes it impossible for persons with disabilities to use that facility, it shall be the duty of the provider of the facility to make adjustments or to provide an alternative method of making the facility available to persons with disabilities.

(2) The provisions of subsection (1) shall not require a provider of services to do any act, which would fundamentally alter the nature of the service provided, the trade, profession or business.

Thursday, 23 February 2017

Disability Rights 14: Access to goods, services and facilities

Section 25 of the PWDA says that providers of goods, services and facilities should make their buildings accessible to PWDs. It is illegal to discriminate against PWDs on the grounds of their disability. It is illegal to refuse to provide goods and services to PWDs on the grounds of their disability.

Any building that is for use by the general public should be accessible to all PWDs. These are listed in the Second Schedule (see below) of the PWDA. These buildings include anywhere that provides the following:

A place the general public can visit.
Communication facilities.
Information services.
Accommodation.
Insurance and financial services.
Facilities for entertainment, recreation or refreshment.
Facilities provided by employment agencies or training institutions.
Services of trade.

If you are a PWD this means that shops, hotels, banks, cinemas, post offices and other places that provide goods and services to the general public should be accessible to everyone. It also means that shopping centers, sports grounds, swimming pools and other facilities that are open to the public should be accessible to PWDs.

This is what accessibility means:
Sofia from Uganda comments about accessibility in Japan.

This law is written like this in section 25 of the Persons With Disabilities Act 2006:

25. Discrimination relating to goods, facilities and services

(1) A person shall not, provide goods or services, or make facilities available with a view, to discriminate against another person on the ground of that person's disability by -

(a) refusing to provide to a person with a disability any service which he or she provides to other members of the public;

(b) deliberately making it impossible or unreasonably difficult for persons with disabilities to make use of the service or facility.

(2) The provisions of this section shall apply but shall not be limited to the services indicated in the Second Schedule.

(3) The provisions of subsection (1) shall not apply to any action -

(a) necessary to protect the health or safety of any person including that of a person with a disability;

(b) where a person with a disability is incapable of entering into an enforceable agreement or of giving an informed consent.

SECOND SCHEDULE

SERVICES PROVIDED TO PUBLIC

1. Access to and use of any place which members of the public are permitted to enter;

2. Access to and use of means of communication;

3. Access to and use of information services;

4. Accommodation in a hotel, boarding house or other similar establishment;

5. Facilities by way of banking or insurance or for grants, loans, creditor finance;

6. Facilities for entertainment, recreation or refreshment;

7. Facilities provided by employment agencies or training institutions;

8. Services of any profession or trade, or any local or other public authority; and

9. Other services.

Wednesday, 22 February 2017

Kamwesigye Jullian part 2

Kamwesigye Jullian continues talking about her life and work for Disability Support Uganda and the successful Abilities 256 talent search.

Kamwesigye Jullian part 1

Kamwesigye Jullian speaks about her work for Disability Support Uganda. She says Disability Support Uganda is the first organization of its kind in Uganda and east Africa.

About her work she says: "It begins with me" and "Disability is human diversity, it is a possibility."

Kamwesigye Jullian is helping to organize the successful Abilities 256 talent search.

Disability Rights 13: The rights of road users

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 23 of the PWDA says it is the duty of the Government to make public roads accessible to PWDs. This will be done in 3 ways:

By traffic signals operated by a push button.
By traffic lights with audible signals.
Using alarm bells to signal traffic is approaching.

Section 24 of the PWDA states that no person should be denied a driving permit because of their disability.

Section 23 of the PWDA focuses on crossing roads and negotiating intersections. PWDs require safe roads with their own space, for instance clearly marked spacious pavements or sidewalks, ramps instead of curbs as well as safe places to cross.

Everyone has the right to use the road. Everyone has the right to be safe.

Living Life: Disabled Cab Driver

This law is written like this in section 23 and 24 of the Persons With Disabilities Act 2006:

23. Protection of visually impaired road users

It shall be the duty of the Government to make public roads and highways accessible to persons with disabilities including-

(a) equipping pedestrian crossings with traffic control signals controlled by a pedestrian push-button system;

(b) providing pedestrian traffic lights with clearly audible signals;

(c) use of alarms or bells to signal approaching traffic, among others.

24. Denial of driving permit

No person with disabilities shall be denied a driving permit by reason of his or her disability.

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