- THE CONVENTIONON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD)
The CRPD refers to the United Nations Convention on the Rights of Persons with Disabilities. The CRPD is an international human rights convention which sets out the fundamental human rights of people with disability. It has an explicit, social development dimension.
Our Country Kenya, ratified the convention on 5th May, 2008. Article 2(6) of the Constitution of Kenya (2010), States that “any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution”.
Since Kenya has ratified the CRPD, it forms part of the Kenyan Constitution.
There are eight guiding principles that underlie the Convention and each one of its specific articles:
- Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons
- Full and effective participation and inclusion in society
- Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
- Equality of opportunity
- Equality between men and women
- Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities
To get more information on the Convention on the rights of Persons with Disabilities check out the link below;
- ARTICLES IN THE CONSTITUTION OF KENYA, (2010) THAT PROTECT THE RIGHTS OF PERSONS WITH DISABILITIES
- Article 7 (b) promote the development and use of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to Persons with Disabilities.
- Article 20 (5) (b) obliges a court, tribunal or any other authority in applying any right under Article 43 to be guided by the principle that “in the allocation of resources the state shall give priority to the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances including the vulnerability of particular groups or individuals”.
- Article 21 (1) confers a fundamental duty on the state and every state organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. and address the needs of vulnerable groups within society including persons with disabilities.
- Article 21 (3) All State organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities, and members of particular ethnic, religious or cultural communities.
- Article 27(4) on non- discrimination prohibits direct or on indirect discrimination against any person on any ground including disability.
- Article 28 promotes respect and protection for human dignity of every person.
- Article 43 recognizes economic and social rights including; highest attainable standard of health, housing, Sanitation, freedom from hunger, clean and safe water, social security, education and emergency treatment.
- In article 54, the Constitution recognizes and specifically details rights of persons with disabilities with specific emphasis on the right to be treated with dignity, equal access to educational facilities, reasonable access to all places, and use of sign language, Braille or other communication. Furthermore, Article 54 entrenches the affirmative action principle to facilitate the progressive realization of at least 5 per cent of Persons with Disabilities in elective and appointive posts.
- Articles 97(1) (c) requires the 12 nominees to the national Assembly to include Persons with Disabilities.
- Article 98 (1) (d) requires 2 nominees to the Senate to be Persons with Disabilities.
- Article 177 (1) (c) specifically provides for nomination of Persons with Disabilities to County Assemblies.
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