ACCESS TO UNIVERSITY BY LEARNERS WITH PHYSICAL DISABILITIES: COMBATING

BARRIERS
All persons with disabilities have the right to full and equal enjoyment of human
rights and fundamental freedoms that the International Human Rights (IHR) legal
framework lays out yet the situation on the ground remains precarious. Learners
in Universities encounter numerous barriers such as those admitted to University
experience serious difficulties accessing the physical environment thus many are
unable ti integrate fully into the university environment.
The Corpus law requires education providers to respect and promote the right of
access to university education by all persons including LWDs (Learners With
Disabilities).
Institutions must provide all necessary tools to ensure LWDs may continue their
educational journey uninterrupted. Kenya as a case study, this article reviews the
situation in select universities throughout the country. It emphasizes two arenas:
the admission process and the learning environment.
The article is divided into three sections.
1. METHODOLOGY
The authors explains the methods which they to obtain data. They carried out
fieldwork and interviewed on LWD in four universities in Nairobi. Two public
universities(UON, KU) and 2 private universities(Daystar, USIU).
A. Creating a level playing field.
In Kenya, several pieces of legislation regulate the right of education. The
Constitution, Article 43 declares “every person” has the “right to education.” It has
a specific framework that guarantees the rights of LWDs. Article 54(1) of the
Constitution elaborates the rights and fundamental freedoms to LWDs. According
to this article, LWDs are entitled:
 to be treated with dignity and respect and to be addressed and referred to
in a manner that is not demeaning
 to access educational institutions and facilities for persons with disabilities
that are integrated into society to the extent compatible with the interests
of the person;
  to reasonable access to all places,
 to use Sign language, Braille or other appropriate means of communication
 to access materials and devices to overcome constraints arising from the
person’s disability.

Article 2 of the UDHR states that everyone is entitled to all the rights and
freedoms set forth in this declaration, without any distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status. The UN committee on Economic, Social,
and Cultural rights defined disability based discrimination to include any
distinction, exclusion, restriction or preference or denial of reasonable
accommodation based on disability. The Persons with Disabilities Act (PDA)
guarantees the rights of LWDs to education in Section 18 reads that;

 No person or learning institution shall deny admission to a [LWD] to any

course or study by reason only of such disability, if the person has ability to
acquire substantial learning in that course.
 Learning institutions shall take into account the special needs of [LWDs]
with respect to the entry requirements, pass marks, curriculum,
examinations, auxiliary services, use of school facilities, class schedules,
physical educational requirements and other similar considerations.

2. COMBATING THE BARRIERS.

1. Resources mobilization and utilization. Ensure that budgetary, technical, and

personal resources are available.

2. Advocacy on the entitlements and obligations of LWDs. A lot is needed in the

area of awareness. Most people treat me like someone who always needs help
and assistance, even when this is not the case. People should remove prejudice
and safeguard to right of LWDs to be treated with dignity.

3. Adherence to the reasonable Accommodation Rule. The PDA in section 18(2)

contains an obligation of reasonable accommodation to all learners. Learning
facilities are required to:
 Take into account the special needs of persons with disabilities with respect
to the entry requirements, pass marks, curriculum, examinations, auxiliary
services, use of school facilities, class schedules, physical education
requirements, and other similar considerations.

3.Conclusion
Universities have an obligation to ensure the norm of inclusive education is
enjoyed by LWDs at all times.