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WALLAGA UNIVERSITY

SCHOOL OF LAW

INDIVIDUAL ASSIGNMENT OF
HUMAN RIGHT LAW

TITLE . RIGHTS OF PERSONS WITH DISABILITIES

PREPARED BY
HINSERMU MOHAMMEDNUR
YEAR .2024
ID.NO . 1304760

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Table of Contents pag
1. Introduction..............................................................1
2. Definition of Disability ..........................................2
3. Reason for Disabilities...........................................2
4. People with disabilities.........................................2
A. Disabilities of women........................................2
B. Disabilities of children ......................................2
5. International HR for PWD ......................................3
6. Development of HR for Disable Persons................4
7. UN Convention on Right of persons with
disabilities ..................................................................7
8. Critically Analyzing the Convention on Rights of
PWDs.............................................................................7
A. Special Obligations.............................................10
B. Guiding Principles of CRPD.................................11
C. Implementation and monitoring .......................12
9. African Charter on rights of persons with
disabilities ..................................................................12
10. Rights of Persons with Disabilities in Ethiopia..14
11 Conclusion...............................................................15

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1. Introduction:

Disabled people are the largest growing minority in the world, yet until very recently they have
been invisible under international human rights law. 1 Disabled people face discrimination and
obstacles that constrain them daily from participating in society on an equal footing with others. 2
Under all international treaties, PWDs have the right to exercise their civil, political, social ,
economic and cultural rights on an equal basis with others. 3 The full participation of disabled
people benefits society because their individual efforts improve all aspects of life and this is an
integrated component of the well-being of individuals and society and develop for everyone in a
society-with or without disabilities.4 We should equally be reminded of the famous saying
“disability is not inability” a disabled person can be more intelligent than a person who is not
disabled. There are numerous international and national HR laws which protect the rights of
persons with disability. In this decision we have focus on international conventions on the Rights
of Persons with Disabilities,Ethiopian and African Disability Protocol 5

2. Definition of Disability:

The CRPD does not contain a detailed disability definition but does provide that:

1
Lucy Series, ‘The development of disability rights under international law: from charity to human rights’, [2015]
30 (10) Disability & Society<https://www.tandfonline.com/doi/full/10.1080/09687599.2015.1066975> accessed 15
June 2020.
2
‘Human rights of persons with disabilities’
<https://www.ohchr.org/EN/Issues/Disability/Pages/DisabilityIndex.aspx> accessed 16 June 2020.
3
‘Human Rights of Persons with Disabilities’, <
https://www.un.org/esa/socdev/enable/rights/humanrights.htm>accessed 15 June 2020.
4
ibid.
5
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa,
adopted on 29 January 2018 https://au.int/en/treaties/protocol-african-charter-human-and-peoples-rights-rights-
persons-disabilitiesafrica (accessed 3 September 2019

3
Persons with disabilities include those with long-term physical, mental, intellectual or sensory
impairments which may impede their full and effective participation in society on an equal
footing with others in interaction with different barriers.6

3. Reason of disabilities:

Disability is often the product of war and inhumane treatment. The Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment should be used to ensure that
effective state action is taken for people with disabilities as a result of inhumane treatment and to
encourage prevention.7

4. People with disabilities:

A. Disabilities of women:

Research has shown that the impacts of disability on women are particularly serious. Disabled
women face discrimination on two grounds8:

i. gender and
ii. disability.

They often have less access to essential services such as health care, education and vocational
rehabilitation.9

B. Disabilities of children:

Children with disability experience discrimination in different spheres of life. In Moore v.


British Columbia (Education), 2012 SCC 61, the Court considered whether the absence of
intense remedial instruction mandated at a public school by a child with severe learning
disabilities amounted to discrimination.10 In this decision, the Supreme Court reiterated the
6
‘Rights of People with Disabilities’, Australian Government Attorney General’s
Department<https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-
scrutiny/public-sector-guidance-sheets/rights-people-disability>accessed 16 June 2020.
7
‘Human Rights of Persons with Disabilities’, <
https://www.un.org/esa/socdev/enable/rights/humanrights.htm>accessed 15 June 2020.
8
ibid.
9
ibid.
10
Steven J. Hoffman and et al, ‘Is the UN Convention on the Rights of Persons with Disabilities Impacting Mental
Health Laws and Policies in High-Income Countries? A Case Study of Implementation in Canada’, [2016] 16 BMA
International Health and Human Rights<https://bmcinthealthhumrights.biomedcentral.com/articles/10.1186/s12914-
016-0103-1> accessed 17 June 2020.

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notion that comparing the needs of children solely with those of other special needs students
would risk perpetuating the exclusion and marginalization of disabled students. Instead, the
Court ruled that the child would eventually be deprived the full value of the basic right of public
education without access to such special education services.11

However, the CRC is an example of a human rights instrument. 12 It deals specifically and in
general with the rights of disabled children.13 Also relevant for children with disabilities is the
Optional Protocol to the CRC on the involvement of children in armed conflict and on the sale of
children, child prostitution and child pornography.14

5. International Human Rights for Persons with Disabilities:

The international human rights instruments discuss the PWDs in general as well as in
particular.15 There are quite a variety of different international human rights instruments which
will help promoting the human rights of disabled people.16 Examples of such instruments are: the
CEDAW; the CAT and the CRC.17

Since the rights of PWDs inherently entail civil and political rights, as well as economic, social
and cultural rights, the disability framework offers a powerful argument for treating existing
human rights provisions as equally indivisible.18 Because a capacity framework values each
person as its own end, it can be combined with a disability framework to offer a normative
human rights theory that allows individuals to thrive more fully.19

6. Development of Human Rights for Disable Persons:

People with disabilities are not expressly protected against discrimination in the post-war human
rights instruments that make up the International Bill of Rights or the European Convention on
11
ibid.
12
‘Human Rights of Persons with Disabilities’, <
https://www.un.org/esa/socdev/enable/rights/humanrights.htm>accessed 15 June 2020.
13
The Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990)
UNGA Res 44/25 (CRC) art 2.
14
‘Human Rights of Persons with Disabilities’, <
https://www.un.org/esa/socdev/enable/rights/humanrights.htm>accessed 15 June 2020.
15
ibid.
16
ibid.
17
ibid.
18
Michael Ashley Stein, ‘Disability Human Rights’ [2007] 95 California Law review<
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=900014>accessed 16 June 2020.
19
ibid.

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Human Rights (Council of Europe 1950).20 The ECHR only made its first ever finding of
discrimination against people with disabilities in 2009 in Glor v Switzerland (2009).21 This case
illustrates the difficulty in the prosecution of psychologically disordered offenders in judicial
proceedings.22

Importantly, every human being has equal and inalienable claims to dignity and freedom
necessarily equals respect and treatment for PWDs. 23 UDHR has a set of non-discrimination
grounds which contain race, sex, national or social origin and religion, but it mentions 'or other
status' at the end of that list. 24 Likewise, ICCPR and ICESCR covenants proscribe discrimination
on the grounds set out above.25

Ironically, none of the equality clauses of abovementioned three instruments declare PWDs as a
‘protected category’.26 The protection guaranteed by other human rights treaties, and founded in
the UDHR should apply to everyone.27 However, people with disabilities remained largely
'invisible,' often side-lined in the debate on rights and unable to enjoy the full spectrum of human
rights.28

However, throughout the development of international human rights law, the rights of PWDs
have been addressed more generally. 29 The principle of the right to equality, addressed
throughout the normative standards laid down by the international instruments of human rights,
is the basis of the rights of PWDs.30

IHRL had acknowledged the significance of the consolidation of PWDs into society in the last
three decades. However, The UN system had tried to tackle this visibility issue in two ways. 31

20
Lucy Series (n 1).
21
Lucy Series (n 1).
22
Clare Connelly and Nicola Hodelet, ‘Glor v. Switzerland: Article 14 ECHR, Disability and Non-Discrimination’,
[2010] 14 Edinburgh L. Rev.<10.3366/E136498090900105X>accessed 15 June 2010.
23

24
Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 (III) (UDHR) art 2.
25
Abdullah Al Faruque, International Human Rights Law: Protection Mechanism and Contemporary Issues (1 st edn,
New Warsi Book Corporation, 2012)259.
26
ibid 260.
27
‘Human rights of persons with disabilities’
<https://www.ohchr.org/EN/Issues/Disability/Pages/DisabilityIndex.aspx> accessed 16 June 2020.
28
ibid.
29
‘Human Rights of Persons with Disabilities’, <
https://www.un.org/esa/socdev/enable/rights/humanrights.htm>accessed 15 June 2020.
30
ibid.
31
Faruque (n 24)260.

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Firstly, by attempting to interpret and apply the established major human rights instruments to
PWDs and, secondly, by designing a series of policy and programmatic documents that respond
to the needs of PWDs.32

In 1971, in the Declaration on the Rights of Mentally Retarted Persons, UN adopted its first IHR
instruments specifically addressing the rights of PWDs, which is a medical model rather than a
human rights model.33

In 1975 the Declaration of the Rights of PWD reiterated, for the first time under IL, the right of
PWDs to have the same civil and political rights as other citizens. 34 In 1982, the UN adopted the
World Program of Action on PWDs which set as one of its objectives ‘the equalization of
opportunities’35 for PWDs.36

In 1991, the GA adopted the principles of mental illness protection and mental health care
improvement (principles).37 The Principles establish standards for mental health care and
procedural safeguards to protect people with mental illness from human rights abuses in mental
health facilities.38

In 1993 The Standards on Equalization of PWDs were adopted to promote a view of equal rights
protection for PWDs rather than a social welfare approach. 39 The principles of equal rights are
described in the Standards Rules which imply:

……that the needs of each and every individual are equally important, that those needs must lay
the foundation for the plotting of societies and that all resources must be implemented in such a
manner as to ensure equal opportunities for participation for every individual.40

In 1994 the ESCR Commimttee assumed responsibility for the monitoring of disability issues
within its competence.41 ESCR Committee in its General Comment No. 5 stated that although
32
ibid.
33
ibid.
34
ibid.
35
Equalization of opportunities means The procedure by which the general system of society like the physical and
cultural environment, housing and transportation, social and health services, opportunities for education and work,
cultural and social life, including sports and recreational facilities, is given access to all.
36
Faruque (n 24) 260.
37
ibid.
38
ibid.
39
ibid 261.
40
ibid.
41
ibid.

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the ICESCR did not specifically refer to Article 2(2) of the PWD, it demanded that the
freedoms ... be practiced without any kind of prejudice, 'or other position,' or on the basis of
particular grounds.42

This general statement follows the human rights approach by implying that PWDs require anti-
discrimination legislation. For the purposes of the covenant, 'disability-based discrimination' may
be defined as including any distinction, restriction or preference or denial of ‘reasonable
accommodation’43 for disability resulting in the annulment or impairment of ESCR recognition.44

In order to further realize the rights of PWDs, contemporary international law has recognized
increasingly the need for all states to incorporate human rights standards into their national
legislation.45 Although the means chosen to promote the full realization of the economic, social
and cultural rights of disabled persons that vary among countries, there is no country exempted
from the need for improved policies and laws for disabled persons.46

There has been a radical change in approach in recent years, internationally, to close the security
gap and ensure that people with disabilities experience the same level of equality, freedoms and
dignity as anyone else.47

7. UN Convention on the Rights of Persons with Disabilities:

The UN Convention on the Rights of Persons with Disabilities (CRPD) (UN 2006) has been
developed in response to concerns that existing human rights instruments 'have yet to have a
significant impact on improving the disable person's lives,' and a commitment of disabled people
and their political organizations to 'enforce a legally binding international convention on the
rights of all PWDs to full participation and equality in society'.48

42
ibid.
43
Reasonable accommodation indicates a general recognition of the fundamental equality of PWDs as human
beings. It was defined as the provision or modification of devices or facilities, or the modification of practices or
procedures with a view to matching a particular person with an articular program or activity.
44
Faruque (n 24)262.
45
‘Human Rights of Persons with Disabilities’, <
https://www.un.org/esa/socdev/enable/rights/humanrights.htm>accessed 15 June 2020.
46
ibid.
47
‘Human rights of persons with disabilities’
<https://www.ohchr.org/EN/Issues/Disability/Pages/DisabilityIndex.aspx> accessed 16 June 2020.
48
ibid.

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The adoption of the CRPD 2006 is the first inclusive and binding treaty on the rights of PWDs. 49
It recognizes the right to equality, integrity, autonomy, full participation of people with
disabilities, as well as the right to live in the community, and the right to support decision taking
and inclusive education.50 Before the CRPD, only minimal rights had been provided under
international law for people with disabilities.51

8. Critically Analyzing the Convention on Rights of People with


Disabilities:

PWDs are often denied opportunities to work, go to school, and participate fully in society-which
creates barriers to their well-being and prosperity.52 The CRPD is important because it is a tool to
ensure disabled people have access to the same rights and opportunities as everyone else.53

CRPD has been one of the most promptly endorsed instruments of human rights in history, with
broad support from all ethnic parties.54 The purpose of UNCRPD is to promote, protect and
ensure that all PWDs have full and equal enjoyment of all human rights and fundamental
freedoms, and to promote respect for their inherent dignity.55

The mechanism by which this Convention has been formulated varies from that followed by
other human rights instruments.56 Additionally, the CRPD has established a dynamic process that
will influence the implementation and interpretation of the Convention. 57 However, a more
realistic view of the implications of the CRPD for Mental Health law should be taken than the
view taken by the UN Monitoring Committee in its 2014 General Comment on Equal

49
Arlene S. Kanter, The Development of Disability Rights Under International Law
From Charity to Human Rights (1st edn, Routledge Press 2015).
50
ibid.
51
ibid.
52
‘Why is the Convention on the Rights of Persons with Disabilities
important?’<https://www.who.int/news-room/q-a-detail/why-is-the-convention-on-the-rights-of-persons-with-
disabilities-important>accessed 16 June 2020.
53
ibid.
54
‘UNCRPD: Summary, Important Points, PDF and Infographic’<https://wecapable.com/uncrpd-summary-
important-points-pdf-infographic/> accessed 16 June 2020.
55
Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly (adopted 24
January 2007) A/RES/61/106 (CRPD) art 1.
56
Amita Dhanda, ‘Legal Capacity in the Disability Rights Convention: Stranglehold of the Past or Lodestar for the
Future’, [2006] 34 Syracuse J. Int'l L. & Com.<
https://heinonline.org/HOL/LandingPage?handle=hein.journals/sjilc34&div=17&id=&page=>accessed 15 June
2020.
57
Dhanda (n 6).

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Recognition Before the Law. Such a more practical view does not preclude the law from
depending on the definition of mental capacity.58

Importantly, the Convention is a human rights treaty designed by international community


representatives to change the way disabled people are viewed and treated in their societies. 59
Instead of treating disability as a matter of medicine, charity or dependence, the Convention
challenges people around the world to understand disability as a human rights issue. 60 In addition
to, the Convention covers many areas where obstacles may arise, such as physical access to
buildings, roads and transportation, and access to information through both written and electronic
communications.61 The Convention also seeks to eliminate stigma and prejudice, which are also
reasons why disabled people are excluded from education , jobs, health and other services.62

However, the Treaty does not authorize or prohibit compulsory intervention. 63 Conversely, the
reference to equal treatment sets the standard for what is lawful. 64 Arlene Kanter argues that by
including both new applications and entirely new approaches to the enforcement of the human
rights treaty, the CRPD is important not only for people with disabilities but also for the general
development of international human rights, by offering new human rights protections to all
people.65 However, the CRPD specifically applies human rights to the PWDs66

Additionally, people with mental illness may be subject to the UNCRPD, depending on terms
such as 'impairment,' 'long-term' and the capacity of the word 'includes' in characterizing PWDs

58
John Dawson, ‘A realistic approach to assessing mental health laws' compliance with the UNCRPD’, [2015] 40
International Journal of Law and Psychiatry< https://doi.org/10.1016/j.ijlp.2015.04.003> accessed 15 June 2020.
59
‘Why is the Convention on the Rights of Persons with Disabilities
important?’<https://www.who.int/news-room/q-a-detail/why-is-the-convention-on-the-rights-of-persons-with-
disabilities-important>accessed 16 June 2020.
60
‘Why is the Convention on the Rights of Persons with Disabilities
important?’<https://www.who.int/news-room/q-a-detail/why-is-the-convention-on-the-rights-of-persons-with-
disabilities-important>accessed 16 June 2020.
61
ibid.
62
ibid.
63
Anna Nilsson, ‘Objective and Reasonable? Scrutinising Compulsory Mental Health Interventions from a Non-
discrimination Perspective’, [2014] 14(3) Human Rights Law Reviewhttps://doi.org/10.1093/hrlr/ngu022 accessed
15 June 2020.
64
Nilsson (n 9).
65
Kanter (n 25).
66
‘Rights of People with Disabilities’, Australian Government Attorney General’s
Department<https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-
scrutiny/public-sector-guidance-sheets/rights-people-disability>accessed 16 June 2020.

10
in the Convention.67 Under the CRPD the scope, if any, for involuntary treatment is particularly
challenging.68 Additionally, CRPD raises significant challenges for a non-discriminatory
rationale for compulsory treatment.69

Moreover, the CRPD combines and broadens established international law on the rights of
disabled persons. As the UN Public Information Department notes, "CRPD creates no 'new
rights' or 'entitlements.' However, what the convention does is communicate existing rights in a
way that addresses the needs and circumstances of disabled persons.70

A. Special Obligations:

Article 10 to 30 0f CRPD specify specific human rights and fundamental freedoms. 71 In some
cases there are new applications of civil and political rights in this convention from article 10 to
23 and 29. For instance, right to life and survival in emergencies.72

Article 13 substantially extends the traditional right to equality before the law to a positive
obligation to guarantee access to justice. Article 16 expands the conventional right to avoid
torture or barbaric, inhuman or degrading treatment from all kinds of violence and misconduct. 73
It deals with non-interference with both physical as well as mind. 74 The right of liberty is
established with the right of PWDs to live in the community being a part of it.75

The rights mentioned in article 24 to 28 and 30 of CRPD emphasis on inclusion and participation
of PWDs in the existing education system and labor market where they will get the support to
enjoy these rights.76 This Convention extends the existing right to health, education, work to the

67
George Szmukler and et al, ‘Mental health law and the UN Convention on the rights of persons with disabilities’,
[2014] 37 (3) International Journal of Law and Psychiatry<
https://www.sciencedirect.com/science/article/pii/S016025271300126X>accessed 15 June 2020.
68
Szmukler (n 11).
69
Szmukler (n 11).
70
‘Introduction to disability and human rights’ Health and Human Rights Resource Guide<
https://www.hhrguide.org/2014/03/21/disability-and-human-rights/>accessed 16 June 2020.
71
Faruque (n 22)266.
72
Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly (adopted 24
January 2007) A/RES/61/106 (CRPD) art 11.
73
Faruque (n 22)266.
74
Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly (adopted 24
January 2007) A/RES/61/106 (CRPD) art 17.
75
Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly (adopted 24
January 2007) A/RES/61/106 (CRPD) art 19.
76
Faruque (n 22)266.

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right to habilitation and rehabilitation. 77 ‘Right to adequate standard of living’ 78, ‘right to
participate in cultural life’79 etc. are also available under this convention.

The overall aim of these articles together is to encourage States to adopt a 'twin-track' approach
to the ESCR meeting of PWDs involving, firstly, the integration of disability-sensitive steps into
the standard delivery of services and secondly, ensuring the appropriate specialized resources
and special initiatives are delivered in a way the encourages the integration and involvement of
PWDs in the general population.80

Apart from the above, CRPD introduced completely new human rights, including social and
collective rights, for example, awareness raising, social protection, poverty reduction, right to
research and development etc.81

B . Guiding Principles of CRPD

There are basically rights guiding principles of CRPD and these are:

I. Respect and integrity,

ii. Non-discrimination,

III. Respect for difference and acceptance of PWDs as human diversity.

Iv. Equal opportunity,

V. Accessibility,

VI. Equality between men and women,

VII. Full participation and inclusion in society,

VIII. Respect for rights of child with disability for preserving their identity.

77
Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly (adopted 24
January 2007) A/RES/61/106 (CRPD) art 26.
78
Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly (adopted 24
January 2007) A/RES/61/106 (CRPD) art 28.
79
Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly (adopted 24
January 2007) A/RES/61/106 (CRPD) art 30.
80
Faruque (n 22)267.
81
ibid.

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C . Implementation and monitoring:

Article 31 to 40 of CRPD set out arrangements for implementations and monitoring of the
convention in both national and international level. The Optional Protocol to the Convention is
empowered to receive complaints of violation of the rights stated in CRPD and to establish an
inquiry procedure to this violation.82

9. African Charter on rights of persons with disabilities

The Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with
Disabilities in Africa (African Disability Protocol) was adopted by the African Union (AU) on
29 January 201883. The primary purpose of this instrument is to ‘promote, protect and ensure the
full and equal enjoyment of all human and people’s rights by all persons with disabilities’ on the
African continent.84 The Protocol is thus potentially an important step forward in the
achievement of equal rights by persons with disabilities in Africa.

Although not yet in operation, the African Disability Protocol stands alongside the United
Nations Convention on the Rights of Persons with Disabilities (CRPD) 85 in setting out human-
rights standards in respect of persons with disabilities in the African region. While there are clear
differences in emphasis between the two instruments, several commonalities may also be noted.
One of these areas of overlap is the inclusion of the right to an adequate standard of living, set
out in article 28 of the CRPD and article 20 of the African Disability Protocol respectively. Both
of these documents guarantee the recognition of this right and require of states parties to take
positive steps towards its realisation.

At the time of writing, five countries (Angola, Burundi, Kenya, Mali and Rwanda) have signed
the Protocol and none have ratified it. 86 The Protocol will only acquire legal effect once 15 AU
82
Faruque (n 22)268.
83
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Persons with Disabilities in Africa, adopted on 29 January 2018 https://au.int/en/
treaties/protocol-african-charter-human-and-peoples-rights-rights-persons-disabilitiesafrica (accessed 3
September 2019). The Protocol was adopted in terms of art 66 of the African Charter on Human and Peoples’
Rights (African Charter), which allows for the
acceptance of additional protocols to supplement its provisions.
84
Art 2 African Disability Protocol
85
GA Res A/RES/61/06, adopted on 13 December 2006, entered into force on 3 May
2008.
86
African Union ‘Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Persons with Disabilities in Africa – Status list’ https://au.int/en/treaties/

13
member states have ratified it, which means that the Protocol is not yet binding on any of the 54
member states.87 However, this instrument is complementary to the CRPD, which has been
signed and ratified by the majority of AU member states. 88 The CRPD is also expressly referred
to in the Preamble of the African Disability Protocol as an instrument that confirms the rights of
persons with disabilities. The lack of ratification to date of the Protocol should thus not
necessarily be seen as an absence of commitment to the rights confirmed therein; although the
reasons for the lack of ratification of the Protocol are unclear, the relatively short period since its
adoption must be borne in mind

10 . Rights of Persons with Disabilities in Ethiopia

Many member states have accepted these international legal instruments and committed to the
enforcement of the rights enshrined therein. As a member state, Ethiopia has accepted and
ratified the CRPD with its optional protocol via proclamation No. 676/2010. Consequently,
Ethiopia is taking measures to enhance the protection of the rights of PWDs. As part of this
effort, Ethiopia has been enacting various domestic laws. Separate legislation deals with
particular rights, such as the right to employment.The FDRE constitution provides the right to
employment to every citizen. When the CRPD is read in conjunction with Article 41 (5) of the
constitution, it becomes clearer that PWDs are entitled to this right89.

In addition to this, much legislation has been enacted regarding PWDs’ right to employment. To
show this, it is sufficient to look at the two currently applicable laws in the area. These are the
Federal Civil Servants Proclamation No. 515/2007and the Right to Employment of Persons with
Disabilities Proclamation No. 568/200890. The Civil Servants Proclamation provides not only
recognition of this right but also gives priority to employment of PWDs so long as the person
who applies for the vacancy meets the minimum requirements set for the job 91.Despite the fact

protocol-african-charter-human-and-peoples-rights-rights-persons-disabilities-africa
(accessed 3 September 2019
87
Article 38(1) African Disability Protoco
88
United Nations ‘Convention on the Rights of Persons with Disabilities’ https://
treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4
&clang=_en (accessed 3 September 2019)
89
Constitution of the Federal Democratic Republic of Ethiopia, 8 December 1994, Art 41(5)
90
Employment Right Proclamation No. 568/2008,
91
Federal Civil Servants Proclamation No. 515/2007.

14
that the minimum requirement standard is not elucidated, the provision strongly encourages
employers to give priority to applicants with disabilities.

The proclamation No. 568/2008 gives particular emphasis to the implementation and protection
of this right to employment, because it has been noted that many people are not convinced of
PWDs’ capacity to work. This view was reflected in earlier laws on PWDs’ right to employment

The new proclamation provides not only equal employment opportunities but also an
enforcement mechanism. Various entities are responsible for the implementation of this right,
while administrative responsibility has been shared by a council of ministers from the Ministry
of Civil Service, the Ministry of Labour and Social Affairs and other governmental and non-
governmental organizations, including the Association of Persons with Disabilities92

11. Conclusion:

CRPD while avoiding an explicit definition, understands 'disability' primarily as the result of
interactions between individually situated impairments and societally created barriers 93.
However, the Convention reinforces existing universal human rights as well as specifies
particular rights. There are several themes throughout the convention, for example the right of
PWDs to dignity, to exercise legal capacity, to live in the community etc. In the first place, group
inclusiveness, is a core factor and secondly, the mindset changes and the stereotyping is
removed. Accessibility is third.94

While it is a welcome articulation of the rights of persons with disabilities, a thorough analysis of
the text reveals some insufficiencies and difficulties, particularly when viewed in the light of the
mentally ill95. The position of human subject in human rights can be liberated through CRPD and
hence, CRPD can guide to rethink the current and future prospects of human rights and its

92
See supra note 17, Art9.
93
Jan Grue, ‘Inclusive Marginalisation? A Critical Analysis of the Concept of Disability, Its Framings and Their
Implications in the United Nations Convention on the Rights of Persons with Disabilities’, [2019] 37(1) Nordic
Journal of Human Rights < https://www.tandfonline.com/doi/abs/10.1080/18918131.2019.1589165> accessed 17
June 2020.

94
Faruque (n 22) 271.
95
Sergio Ramos Pozón, ‘The convention on the rights of persons with disabilities and mental health law: A critical
review’, [2016] 10(4) Science Direct<https://www.sciencedirect.com/science/article/pii/S1875067216300335>
accessed 17 June 2020.

15
concepts96. the African Disability Protocol has been drafted with the unique socio-economic and
other challenges present in Africa in mind. This is evident in the unique details added to the
African Disability Protocol that are lacking in the CRPD. the enforcement mechanisms provided
for in the African Disability Protocolremain only theoretical at this stage, since there has been no
ratification of the instrument to date97. Ethiopia has accepted and ratified the CRPD with its

optional protocol via proclamation No. 676/2010. Consequently, Ethiopia is taking measures to
enhance the protection of the rights of PWDs. As part of this effort, Ethiopia has been enacting
various domestic laws

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Discrimination’, [2010] 14 Edinburgh L. Rev.<10.3366/E136498090900105X>

Dhanda A, ‘Legal Capacity in the Disability Rights Convention: Stranglehold of the Past or
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GA Res A/RES/61/06, adopted on 13 December 2006, entered into force on 3 May 2008

16
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of Persons with Disabilities’ [2008] Human Rights Law Review.
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Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Persons with Disabilities in Africa, adopted on 29 January 2018
https://au.int/en/treaties/protocol-african charter-human-and-peoples-
rights-rights-persons disabilities africa (accessed 3 September 2019).
The Protocol was adopted in terms of art 66 of the African Charter on
Human and Peoples’ Rights (African Charter), which allows for
theacceptance of additional protocols to supplement its provisions

Congratulation of Federal Democratic Republic of Ethiopia.

17

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