While there are guidelines in place to support people with disabilities, these do not have a legal standing; thus there is a call for a Disability Act
The documentary Crip Cramp, available on Netflix, tells the true story of how a summer camp for teenagers with physical and mental disabilities laid the groundwork for a civil rights victory. It is a beautiful story and a wonderful movie well worth watching. It was nominated for an Academy award in 2020.
The end result of the work of disability activists over many years was the Americans with Disabilities Act (1990), which is a piece of legislation that gives power and human rights for all people with disabilities in the United States. Civil society knows the power of this Act.
Some background to the disability rights documents developed in South Africa: The Integrated National Disability Strategy (INDS) was developed in 1997 through a collaboration of Disabled People South Africa (DPSA) and the South Africa Federal Council on Disability.
Thereafter, the government ratified the United Nations (UN) Convention on the Rights of Persons with Disabilities (2007) and, finally, we have the White Paper on the Rights of Persons with Disabilities (WPRPD) which was ratified in December 2015.
The vision of the WPRPD is the “creation of a free and just society inclusive of all persons with disabilities as equal citizens”. It commits duty bearers to realising the rights of persons with disabilities by:
- Accelerating implementation of existing legislation that advocates equality for persons with disabilities.
- Taking calculated action to ensure that their rights as equal persons are upheld.
- Removing discriminatory barriers to access and participation.
- Ensuring that universal design informs access and participation in the planning, budgeting and service delivery value chain of all programmes.
- Recognising the right to self- representation.
- Acknowledging that not all persons with disabilities are alike, and that personal circumstances such as gender, age, sexuality, religious and cultural backgrounds, geographical location, requires different responses.
- Embedding the obligations contained in the UN Convention on the Rights of Persons with Disabilities in legislation, policy and service delivery.
For this to all happen, it is the unanimous view of the disability sector that a Disability Act must be promulgated. The UN Convention and the WPRPD are but instruments influencing policy and legislation and have no legal status or standing.
We, as people with disabilities, must ensure that our focus now is channelled towards a Disability Act and nothing less.
President Ramaphosa has committed to this taking place, but we must ensure that it happens. It might be a five-year process, so, let’s set our sights to ensure we keep to this timeline and not a day longer.
