"Freedom and Justice for all" is a phrase that can have a hollow ring for many members of the disability community in the United States. Jacqueline Vaughn Switzer gives us a comprehensive introduction to and overview of U.S. disability policy in all facets of society, including education, the workplace, and social integration. Disabled Rights provides an interdisciplinary approach to the history and politics of the disability rights movement and assesses the creation and implementation, successes and failures of the 1990 Americans with Disabilities Act (ADA) by federal, state and local governments. Disabled Rights explains how people with disabilities have been treated from a social, legal, and political perspective in the United States. With an objective and straightforward approach, Switzer identifies the programs and laws that have been enacted in the past fifty years and how they have affected the lives of people with disabilities. She raises questions about Congressional intent in passing the ADA, the evolution and fragmentation of the disability rights movement, and the current status of disabled people in the U.S. Illustrating the shift of disability issues from a medical focus to civil rights, the author clearly defines the contemporary role of persons with disabilities in American culture, and comprehensively outlines the public and private programs designed to integrate disabled persons into society. She covers the law's provisions as they apply to private organizations and businesses and concludes with the most up-to-date coverage of recent Supreme Court decisions-especially since the 2000-2002 terms-that have profoundly influenced the implementation of the ADA and other disability policies. For activists as well as scholars, students, and practitioners in public policy and public administration, Switzer has written a compassionate, yet powerful book that demands attention from everyone interested in the battle for disability rights and equality in the United States.

Recoge: 1. Human rights - 2. Anti-discrimination laws - 3. Achieving equality through law?

Disability rights advocates in the United Kingdom and the United States recently embraced new media technologies in unexpected and innovative ways. This book sheds light on this process of renewal and asks whether the digitalisation of disability rights advocacy can help re-configure political participation into a more inclusive experience for disabled Internet users, enhancing their stakes in democratic citizenship. Through the examination of social media content, Web link analysis, and interviews with leading figures in grassroots groups on both sides of the Atlantic, Filippo Trevisan reveals the profound impact that the Internet has had on disability advocacy in the wake of the austerity agenda that followed the 2008 global financial crisis. In Britain, a new, tech-savvy generation of young disabled self-advocates has emerged from this process. The role of social media platforms such as Facebook in helping politically inexperienced users make sense of complex policy changes through the use of personal stories is discussed also. In addition, this book explains why British disability advocates adopted more innovative and participatory strategies compared to their American counterparts when faced with similar policy crises. This book reviews the implications of this unexpected digital transformation for the structure of the disability rights movement, its leadership, and the opportunity for disabled citizens to participate fully in democratic politics vis-à-vis persisting Web access and accessibility barriers. An original perspective on the relationship between disability and the Internet, and an indispensable read for scholars wishing to contextualize and enrich their knowledge on digital disability rights campaigns vis-à-vis the broader ecology of policymaking.

The most basic of human rights, the right to life, is the focus of this book. 'Human rights' has increasingly come to be seen as a significant framework, both to aid understanding of the experiences of those who face oppression, and to underpin social, legal and political measures to counter it. Disabled People and the Right to Life uses this framework to explore how disabled people’s right to life is understood in different national contexts and the ways in which they are – or are not – afforded protection under the law, emphasizing the social, cultural and historical forces and circumstances which have promoted disabled people’s right to life or legitimated its violation. Written by an international panel of contributors including individuals holding public office, academics from the fields of law, social policy, disability studies and bioethics as well as practitioners and activists attempting to further disabled people’s human rights, this truly interdisciplinary book will be of interest to students and researchers of disability, law, social policy and human rights.

This book evaluates the national implementation of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in ASEAN. Working with country-specific research teams, the contributors compiled detailed case-studies of CRPD implementation in each country in ASEAN. This book presents a detailed overview of the problem, the relevant literature, and the conceptual framework, and then it explores the implementation of the CRPD in each of the ten countries in Southeast Asia. Details include the factors that influenced each country to ratify the CRPD, the focal point structure of implementation, the independent mechanism established to monitor the implementation, and the civil society organizations involved. This book also evaluates the implications of CRPD implementation for human rights and development in ASEAN, including the degree of institutionalized support for persons with disabilities, the development objectives of the CRPD against the strategic objectives of the ASEAN economic community and the broader ASEAN community, and the way these developments compare with those in other countries and regions. Working with country-specific research teams, the editors compiled detailed case-studies of CRPD implementation on each country in ASEAN. This book presents a detailed overview of the problem and the relevant literature. The contributors also offer conclusions on the research and national and ASEAN-level recommendations for moving forward.

The Disability Discrimination Bill (Cm. 6058-I/II/III, ISBN 010160582X published in December 2003) extends the Disability Discrimination Act 1995 to cover the functions of public bodies, imposing a positive duty to eliminate discrimination and harassment and to promote equality of opportunity for disabled people. This consultation paper seeks views on proposals for the guidance the Disability Rights Commission should issue to support the implementation of these changes, and on the possible use of regulatory powers. Issues discussed include: changing working cultures, the specific duties and range of public bodies covered, guidance to be issued to smaller bodies, content of guidance relating to procurement, how public authorities can promote equality in practice, gathering evidence and reporting progress, implementation of new duties, and costs and benefits of the proposals. Responses to the consultation should be received by 21 October 2004 and sent to: Sue Hammond, Disability Discrimination Bill Division, 6th floor, The Adelphi, London WC2N 6HT or emailed to: Consultation-disability@dwp.gsi.gov.uk

African Disability Rights Yearbook Volume 1 2013 Edited by Charles Ngwena, Ilze Grobbelaar‐du Plessis, Helene Combrinck and Serges Djoyou Kamga 2014 ISSN: 2311-8970 Pages: 385 Print version: Available Electronic version: Free PDF available About the publication The African Disability Rights Yearbook breaks new ground in 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. Preface This is the first issue of the African Disability Rights Yearbook (ADRY). Drawing inspiration from the European Yearbook on Disability Law, it is the first publication of its kind that focuses on Africa. It aims to bring into prominence an area traditionally neglected by both African governments and academics. Following in the wake of the adoption 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. The Yearbook, which is projected to appear annually, is set out in three sections. Section A contains academic articles: Section B consists of country-based research, charting recent developments on disability rights legislation, case law and policy developments in selected African states; and Section C deals with relevant developments in the African Union (AU) and African sub-regional organisations. The 2013 Yearbook aims to set out the situation as at 31 December 2012. The publication of the Yearbook in 2013 is a milestone in the engagement on the rights of persons with disabilities by the Centre for Human Rights, Faculty of Law, University of Pretoria, under whose auspices this publication was conceived and is being produced. It marks a highlight in the efforts taken by the Centre over the last few years to bring more academic attention to the rights of persons with disabilities in Africa. These efforts have only been possible with the support of the Open Society foundations, in particular, Open Society Initiative for Southern Africa (OSISA). Over the last years, OSISA has collaborated with the Centre for Human Rights, University of Pretoria, to strengthen the teaching and research in law faculties in the Southern Africa on disability rights. The collaboration consists of the following elements: (a) Efforts are made to assist in the building of capacity of law faculties in the region, through the attendance of the LLM (Human Rights and Democratisation in Africa) with a focus on disability rights by staff members from these law faculties, The staff members subsequently return to their faculties, institute and develop teaching on disability rights, and institutionalise faculty-based activities and ‘centres’ around disability rights. So far, the following faculties have participated: Universidade Eduardo Mondlane, Mozambique (Faculdade de Direito); the University of Botswana; the University of Malawi (Chancellor College, Faculty of Law); University of Namibia; Midlands State University, Zimbabwe (Faculty of Law); University of Zambia; and University of Dodoma (Tanzania); University of Namibia. These faculties/centres have the responsibility/mandate to research on disability rights; promote awareness and sensitise key stakeholders in the population about the rights of persons with disabilities and the existing legal framework; elaborate position papers and advocate for particular legal reforms; keep record of/identify and engage in litigation of selected cases pertaining to the violation of the rights of persons with disabilities; and provide legal advice to persons with disabilities. (b) The Centre presents a one-week intensive short course on disability rights to build capacity and to disseminate information on disability rights more broadly in Africa. This course is attended by participants from all over the continent. (c) Together, the participating faculties are developing a curriculum for the teaching of an undergraduate course on disability rights at law schools in the region. (d) Academic work on and awareness about disability rights is stimulated, in particular, through the publication of this Yearbook, an academic conference, and a first Southern African Disability Rights Moot Court Competition. This Yearbook is the accomplishment of many. It has been a project long in planning and preparation, and time consuming in execution. The publication is the endproduct of collaborations between the Centre and numerous partners, in particular (UWC). A very sincere and profound word of thanks goes to the following: The four editors: the convening editor, Prof Charles Ngwena, who joined the Centre for Human Rights last year; he worked with Dr Ilze Grobbelaar-Du Plessis (UP); Prof Helene Combrinck (UWC) and Dr Serges Djoyou Kamga (UNISA) as co-editors. It is only their dedication and devotion that has made this publication possible. Prof Ngwena was not only the convening editor, but also the editor in charge of Part A. He bore the brunt of the responsibility to keep the project going, and to inspire and lead all involved towards the ever-approaching deadline. Drs Grobbelaar-Du Plessis and Serges Djoyou Kamga took responsibility for Part B, and Prof Combrinck for Part C. They each sacrificed enormously in terms of time and energy, in order to get to this end product. Thanks to all contributors, and all reviewers of contributions, for dedicating themselves to this thankless task. Kate Painting acted as a most appreciated editorial assistant. She meticuoulsy followed up references, guaranteed consistency in style, and ensured felicitous language use. At the Centre, Thuto Moratuoa Hlalele, Yolanda Booyzen and Kevashinee Pillay also provided logistical and other support. The Yearbook is published by Pretoria University Law Press (PULP), based at the Faculty of Law, University of Pretoria. The patient and professional contribution of Lizette Hermann is much appreciated. We also thank the members of the advisory board, who agreed to assist with the policy direction, review of manuscripts and lending credibility and lustre to this Yearbook by associating themselves with this endeavour. The Yearbook is very fortunate to have representation from all corners of the globe, including individuals and institutions at the leading edge of disability rights research, training and teaching. Lastly, to the Open Society Foundation – and specifically OSISA – and its staff: Many thanks in particular to Louise Olivier, for her confidence, inspiration and consistent support, which took the Centre and me personally along an exciting and challenging new road; and to Louise Ehlers and Patricia Mwanyisa, who came on board later. Other Open Society staff also inspired and played important roles along the way. In line with the right of access to information and knowledge, this Yearbook is accessible freely as a free full downloadable document on the Centre’s website www.chr.up.ac.za On behalf of all those involved, and of the Centre, I wish to express the hope that this Yearbook will soon come to be regarded as an indispensable tool to understand and chart legislative and policy developments on disability rights in Africa, and that it will contribute to bridge the gap between the discourse of rights and its practical application and actual realisation. Frans Viljoen Director, Centre for Human Rights 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 PREFACE EDITORIAL SECTION A: ARTICLES 1. The right to primary education of children with disabilities in Malawi: A diagnosis of the conceptual approach and implementation Enoch MacDonnell Chilemba 2. Forgotten or included? Disabled children’s access to primary education in Cameroon Serges Djoyou Kamga 3. Choice, support and inclusion: Implementing article 19 of the CRPD in Kenya Elizabeth Kamundia 4. A critical analysis of the legal and institutional frameworks for the realisation of the rights of persons with disabilities in Zimbabwe Esau Mandipa 5. Prospects and practices for CRPD implementation in Africa Janet Lord and Michael Ashley Stein 6. ‘Nothing about CRPD monitoring without us’: A case study on the involvement of the disability movement in policy-making in Zambia Magdolna Birtha 7. Western Cape Forum For Intellectual Disability v Government of the Republic of South Africa: A case study of contradictions in inclusive education Charles Ngwena 8. Towards an effective litigation strategy of disability rights: The Zambian experience Likando Kalaluka SECTION B: COUNTRY REPORTS Cameroon Maître Christophe Tchudjo and Joseph Ombe Côte d’Ivoire Pierre Olivier Lobe Ghana Esther A Gyamfi Mozambique Emerson Casimiro Uassuzo Lopes Namibia Ruusa Ntinda Nigeria Ngozi C Umeh and Ramola Adeola Republique Democratique du Congo (RDC) Pierre Olivier Lobe South Africa Ilze Grobbelaar-du Plessis and Chazanne Grobler Tanzania Peter Josiah Shughuru SECTION C: REGIONAL DEVELOPMENTS Disability rights in the African regional human rights system during 2011 and 2012 Helene Combrinck Making progress: The African Committee of Experts on the Rights and Welfare of the Child and the rights of children with disabilities Lorenzo Wakefield Disability rights in the sub-regional economic communities during 2011 and 2012 Lucyline N Murungi, Aquinaldo Mandlate and Benedicta Armah

Government response to HL 257/HC 1074, session 2010-12 (ISBN 9780108475320)

About the publication 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 SECTION A: ARTICLES The Basic Education Act of 2013 as a tool for advancing early childhood development and education for children with disabilities in Kenya Mirriam Nthenge ‘Access to justice of children with disabilities in defilement cases; a myth or reality?’ Bernadette Malunga, Ngeyi Ruth Kanyongolo & Ngcimezile Mbano-Mweso The socio-economic rights of children with disabilities in South Africa: A comparison between the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of Persons with Disabilities Zita Hansungule & Trynie Boezaart ‘De-stigmatising psychosocial disabilities in South Africa’ Faraaz Mahomed & Michael Ashley Stein Mental illness, stigma and disability rights in Ghana Magnus Mfoafo-M’Carthy & Jeff Grischow Albinism in Africa: A proposed conceptual framework to understand and effectively address a continental crisis’ Mark P Mostert & Martha M Weich The identity question versus appropriateness of legal anti-discrimination measures: Endorsing the disability rights approach to albinism Abdallah Possi & Ally Possi SECTION B: COUNTRY REPORTS Djibouti Djibril Ismail Cher Madagascar Isambilo Rabearison-Andrianjara SECTION C: REGIONAL DEVELOPMENTS The right to the highest attainable standard of mental health in selected African countries: A commentary on how selected mental health laws fare against article 25 of the Convention on the Rights of Persons with Disabilities Elizabeth Kamundia Disability rights developments in the East African Community post-2012 Damalie Naggita-Musoke BOOK REVIEW Elizabeth Barnes Minority body: A theory of disability Charles Ngwena

The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.