Access to work for disabled persons in South Africa: A rights critique


Book Description

Assumptions of inability and the perceived costs of employing disabled persons are two of the primary reasons why it has been impossible or difficult for many capable disabled persons to access work and to continue working. This book considers the South African legal framework that seeks to promote such access and critiques it with particular reference to the intersections of the rights to equality and access to social security. One of the primary arguments is the need for a more active conception of social security in which access to work for disabled persons is recognised as an integral component of promoting both social security and substantive equality.




Access to Work for Disabled Persons in South Africa: A Rights Critique


Book Description

Assumptions of inability and the perceived costs of employing disabled persons are two of the primary reasons why it has been impossible or difficult for many capable disabled persons to access work and to continue working. This book considers the South African legal framework that seeks to promote such access and critiques it with particular reference to the intersections of the rights to equality and access to social security. One of the primary arguments is the need for a more active conception of social security in which access to work for disabled persons is recognised as an integral component of promoting both social security and substantive equality.




Disability and Social Change


Book Description

This powerful volume represents the broadest engagement with disability issues in South Africa yet. Themes include theoretical approaches to, and representations of, disability; governmental and civil society responses to disability issues; aspects of education as these pertain to the oppression/liberation of disabled people; social security for disabled people; the complex politics permeating service provision relationships; and a consideration of disability in relation to human spaces - physical, economic and philosophical. Firmly located within the social model of disability, this collection resonates powerfully with contemporary thinking and research in the disability field and sets a new benchmark for cutting-edge debates in a transforming South Africa.




The Glass Ceiling and Persons with Disabilities


Book Description

"Initially prepared for the Glass Ceiling Commission, US Department of Labor"--Page iii




Exploring the link between poverty and human rights in Africa


Book Description

About the publication This book addresses poverty, one of the important issues confronting Africa, from a multi-disciplinary approach. With contributions from eminent scholars from diverse backgrounds, the book explores poverty from a human rights perspective. Its central message is that poverty is not necessarily a failure on the part of an individual, but rather caused by the actions or inactions of governments, which are often exacerbated by structural inequalities in many African societies. This in turn requires a more pragmatic approach grounded in respect for human rights. Exploring the link between poverty and human rights in Africa will be useful to researchers, policymakers, students, activists and others interested in addressing poverty. Table of Contents PREFACE viii ACKNOWLEDGMENTS x CONTRIBUTORS xi 1. General introduction to poverty and human rights in Africa Ebenezer Durojaye & Gladys Mirugi-Mukundi 1 Introduction 2 Understanding poverty 3 Nexus between poverty and human rights 4 Significance of this book 4.1 The relevance 5 Overview of the book 5.1 Section I: Trends and incidence of poverty in Africa 5.2 Section II: Poverty and socio-economic rights 5.3 Section III: Poverty and vulnerable groups 5.4 Section IV: Poverty and access to justice 2. Integrating a human rights approach to food security in national plans and budgets: The South African National Development Plan Julian May 1 Introduction 2 Human rights and food security 3 Development planning and human rights 4 The components of budgeting for human rights 4.1 Diagnostic analysis 4.2 Identifying interventions and budget prioritisation 4.3 Estimating the financial costs of achieving food security 4.5 Estimating social and economic benefits 5 Public expenditure management for food security 5.1 Fiscal and monetary policy 5.2 Multi-year budgeting 6 Conclusion 3. Is South Africa winning the war on poverty and inequality? What do the available statistics tell us? Emmanuel Sekyere, Steven Gordon, Gary Pienaar & Narnia Bohler-Muller 1 Introduction 1.1 Income inequality in South Africa 2 Poverty and human development trends in South Africa 2.1 South African Social Attitudes Survey: Perceptions of poverty 2.2 Human development 3 Access to services 4 Addressing social inequality in South Africa 4.1 Addressing income inequality in South Africa 4.2 Addressing human development challenges 4.3 Addressing service delivery 5 Conclusion and summary of findings 4. Who really ‘state-captured’ South Africa? Revealing silences in poverty, inequality and structurally-corrupt capitalism Patrick Bond 1 Introduction 2 Inequality, the state and its ‘capture’ 3 The political economy of the capitalist state 4 World Bank inequality denialism 5 The fight between hostile brothers: The ‘Zuptas’ and ‘White Monopoly Capital’ 6 Social resistances 5. Poverty, women and the human right to water for growing food Ngcimezile Mbano-Mweso 1 Introduction 2 The human right to water 2.1 Recognition in international law 2.2 Definition and content: Is there a right to water for growing food? 2.3 Normative content of the human right to water for growing food 3 Conclusion 6. The link between environmental pollution and poverty in Africa Olubayo Oluduro 1 Introduction 2 Legal framework for the protection of the environment in Africa 3 Nature of environmental pollution in Africa 3.1 Environmental pollution in Africa: Case studies of some countries 4 Nexus between pollution and poverty 4.1 Environmental pollution leads to diversion of labour 4.2 Increased burden of disease in poor countries 4.3 Problem of food security 4.4 Right to safe drinking water 5 Protecting the environment to fight poverty and achieve the Sustainable Development Goals 6 Recommendations 6.1 Political commitment 6.2 Promotion of education and information sharing 6.3 Eliminating poverty 7 Conclusion 138 7. Alleviating poverty through retirement reforms Kitty Malherbe 1 Introduction 2 Poverty among older persons 3 Current social security provision for older persons 4 Arguments for the reform of the current retirement income system 5 Proposed retirement reforms 5.1 Comprehensive social security and retirement reform process 5.2 Reforms proposed by National Treasury 6 Constitutional principles guiding reforms 6.1 Coordinated approach 6.2 Inclusivity 6.3 Progressive realisation 6.4 Governance and accountability 6.5 Availability of resources 6.6 ‘Lifespan’ view to addressing poverty 7 Potential impact of social security and retirement income reforms 8. Disability, poverty and human rights in Africa: Opportunities for poverty reduction from the UN Convention on the Rights of Persons with Disabilities Enoch M Chilemba 1 Introduction 2 Poverty, disability and human rights link in Africa 2.1 Persons with disabilities in Africa: Among the poorest of the poor 2.2 Poverty, disability and human rights linkage 3 Utilising the opportunities from CRPD in countering obstacles relating to disability and poverty in Africa 3.1 Fostering equality and non-discrimination to reduce poverty 3.2 Fostering inclusive education to eradicate poverty 3.3 Enhancing employment in the open labour market to eradicate poverty 3.4 Ensuring social protection to reduce poverty 4 Conclusion 188 9.The co-existence of gender inequality and poverty Nomthandazo Ntlama 1 Introduction 2 SADC’s transformative vision in eliminating gender inequalities and poverty 2.1 Reducing poverty and eliminating gender inequality: A mammoth task 2.2 Towards a transformative region: Advancing the principles of the community of nations 3 Conclusion 10. The potential of the African human rights system in addressing poverty Bright Nkrumah 1 Introduction 2 Norm creation and norm enforcement: Issues and implications 2.1 Normative framework for addressing poverty 2.2 African Charter on Human and Peoples’ Rights 2.3 Little angels: African Charter on the Rights and Welfare of the Child 2.4 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 3 Other instruments relating to poverty 3.1 AU Convention on Preventing and Combating Corruption (Anti-Corruption Convention) 3.2 Declaration on Employment and Poverty Alleviation in Africa 3.4 Comprehensive African Agriculture Development Programme 4 Institutional frameworks for addressing poverty 4.1 African Commission on Human and Peoples’ Rights 4.2 African Committee of Experts on the Rights and Welfare of the Child 4.3 African Court on Human and Peoples’ Rights 4.4 Need for complementarity: The road not taken 5 Other related mechanisms 5.1 New Partnership for Africa’s Development 5.2 African Peer Review Mechanism 6 International best practice dealing with poverty 7 Concluding reflections 11. Realising access to justice for the poor: Lessons from working with rural communities Victoria Balogun 1 Introduction 2 What is access to justice for the poor? 3 How are non-profit organisations such as the Centre for Community Justice and Development promoting access to justice in South Africa post-1994? 4 Are there any barriers to access to justice and do they have any implication(s) for the poor in poor communities? 5 The intersection between poverty and access to justice for poor communities 6 Access to justice, the role of legal aid offices and the commitment to serve the poor in poor communities 7 Equality and access to justice for the poor 8 Conclusion 12. The role of the South African Human Rights Commission in ensuring state accountability to address poverty Rachael Adams 1 Introduction 2 Poverty and human rights 2.1 International human rights law 2.2 Poverty and human rights in South Africa 2.3 Socio-economic rights 3 What do we mean by state accountability? 3.1 State accountability 4 South African Human Rights Commission 4.1 Mandate and functions 4.2 Reporting requirements 5 Structures of accountability 5.1 Complaints 5.2 Reporting 6 Inequality and intersectional discrimination 6.1 Interdependence of rights and the role of government 7 Conclusion: The role of the South African Human Rights Commission




The Legal Protection of Refugees with Disabilities


Book Description

This ground-breaking book focuses on the ‘forgotten refugees’, detailing people with disabilities who have crossed borders in search of protection from disaster or human conflict. The authors explore the intersection between one of the oldest international human rights treaties, the 1951 Convention relating to the Status of Refugees, with one of the newest: the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on fieldwork in six countries hosting refugees in a variety of contexts – Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey – the book examines how the CRPD is (or should) be changing the way that governments and aid agencies engage with and accommodate persons with disabilities in situations of displacement. The timeliness of the book is underscored by the adoption in mid-2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action adopted at the World Humanitarian Summit.




Research Handbook on International Law and Social Rights


Book Description

This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.




African Disability Rights Yearbook Volume 2 2014


Book Description

African Disability Rights Yearbook Volume 2 2014 Edited by Charles Ngwena, Ilze Grobbelaar‐du Plessis, Helene Combrinck and Serges Djoyou Kamga 2014 ISSN: 2311-8970 Pages: 327 Print version: Available Electronic version: Free PDF available About the publication The 2014 issue of the African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments. The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa. The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria. The Yearbook is an open access online publication, see www.adry.up.ac.za About the editors: Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa. Ilze Grobbelaar‐du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria. Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape. Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA). Table of Contents EDITORIAL SECTION A: ARTICLES The right to inclusive education in Botswana: Present challenges and future prospects Obonye Jonas The Basic Education Act of 2013: Why it is one step forward and two steps back for children with disabilities in Kenya William Aseka and Arlene S Kanter Too little, too late? The CRPD as a standard to evaluate South African legislation and policies for early childhood development Sue Philpott Everybody counts: The right to vote of persons with psychosocial disabilities in South Africa Heléne Combrinck Termination of pregnancy of persons with mental disabilities on medical advice: A case study of South Africa Ashwanee Budoo and Rajendra Parsad Gunputh Economic discourses of disability in Africa: An overview of lay and legislative narratives Shimelis Tsegaye Tesemma SECTION B: COUNTRY REPORTS Botswana Thuto Hlalele, Romola Adeola, Adebayo Okeowo, Daba Bacha Muleta and Lucius Batty Njiti Egypt Lila Meadows, Nadia Adib Bamieh and Janet E Lord Kenya Elizabeth Kamundia Malawi Enoch MacDonnell Chilemba Mauritius Ashwanee Budoo and Roopanand Amar Mahadew Uganda Louis O Oyaro Zambia Natasha Banda and Likando Kalaluka Zimbabwe Esau Mandipa and Gift Manyatera SECTION C: REGIONAL DEVELOPMENTS Developments regarding disability rights during 2013: The African Charter and African Commission on Human and Peoples’ Rights Heléne Combrinck and Lawrence M Mute Baby steps: Developments at the African Committee of Experts on the Rights and Welfare of the Child (2013-2014) Lorenzo Wakefield Disability rights in the sub-regional economic communities during 2013 Lucyline Nkatha Murungi




Disability and Development - HC 947


Book Description

Disabled people in developing countries are the poorest of the poor: if we are serious about tackling extreme poverty, our development work has to target them. So while it's good the UK government has brought disability on to the agenda for global development goals (1) - DfID must now lead by example and make effort to ensure the needs of disabled people become a clear and sustained priority going forward within its own development programmes. Despite enormous global advances in education and health since the turn of the millennium, disabled people continue to be excluded from the most basic of services. The Committee calls for DfID to: produce a disability strategy; appoint a larger team responsible for disability; and strengthen reporting processes; show much more ambition in its work with disabled people by targeting them and their needs explicitly; give disabled people a central role in its work; and promote attention to the needs of disabled people including making it an explicit requirement that funding reaches disabled people, especially in disaster and conflict situations where they are amongst the most at risk




World Report on Disability


Book Description

The World Report on Disability suggests more than a billion people totally experience disability. They generally have poorer health, lower education and fewer economic opportunities and higher rates of poverty than people without disabilities. This report provides the best available evidence about what works to overcome barriers to better care and services.




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