PwD remain a largely marginalised group in South Africa. They are excluded in a variety of public spheres including education and employment, and continue to face physical barriers to equal access to public environments. In relation to employment, it is estimated that 80 % of PwD are unemployed in South Africa, increasing the prevalence of PwD living in poverty. Within the workplace, the Commission has received numerous complaints of victimization and retrenchment of PwD after disclosing their, or acquiring impairments at the workplace.

In relation to inclusive education, there remain significant barriers against students with disabilities to access mainstream schools, including discrimination in admissions to school, long distances, poor transportation, lack of teachers trained on inclusive education and in sign language, Braille and Easy-Read skills, lack of accessible curricula, and negative societal attitudes opposing attendance of children with disabilities to regular and inclusive schools. There is therefore a need for a shift toward more Inclusive practises in South Africa.

Beyond inclusivity, Persons and Children with Disabilities are particularly vulnerable to sexual abuse in our society.  Sadly, according to Statistics South Africans 2016/17 crime statistics, less than 15 percent of people accused of rape are taken to trial, and less than 5 percent of rapist who are tried are convicted.  Given the lack of reasonable accommodation in court processes, often cases of abuse of women and children with disabilities, particularly those who may be deaf or have intellectual impairments, are not heard, robbing victims of the opportunity to access justice. Furthermore, persons with albinism remain victims of harmful cultural practises that use their body parts for rituals, impacting on their right to life.

The United Nations Committee on the Rights of Persons with Disabilities (the Committee) recently published its Concluding Observations on the South African government’s initial report on its implementation of the CRPD since 2008. In relation to the issues highlighted above, the Committee recommended the following to government:

• Adopt, implement and oversee inclusive education as the guiding principle of the education system and develop a comprehensive plan to extend it throughout its territory;
• Adopt a strategy to increase the employment of persons with disabilities in the public and private sectors ensuring productive and decent work for everyone in accordance with the principle of equal pay for work of equal value;
• Adopt, as a matter of priority, measures to prevent and combat discrimination, violence and abuse against women and girls with disabilities and enact legislation and adopt effective strategies to that effect;
• Take all necessary measures to prevent the killings of persons with disabilities, particularly persons with albinism, and ensure their protection and that perpetrators are brought to justice and are given sanctions commensurate with the gravity of these crimes;
• Ensure a systematic training programme for judicial officials, law enforcement officials, including police and prison officials, on the right of all persons with disabilities to justice, including involving persons with disabilities as judicial officials.

As a National Human Rights Institution mandated by the Constitution to promote respect for, observance of, and protection of human rights for everyone, the Commission urges government to ensure that these decisive measures are implemented in order to put a stop to human rights violations against persons with disabilities in South Africa.  Furthermore, the Commission calls on the government to sign and ratify the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (the Protocol) which was adopted at the Assembly of African Union Heads of States and Governments held from 28-29 January 2018. The protocol has a great potential of increasing levels of inclusivity in laws, policies and budgets, by insuring increased accountability and closer oversight.

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Issued by the South African Human Rights Commission

Gail Smith – Spokesperson Tel: 060 988 3792 This email address is being protected from spambots. You need JavaScript enabled to view it.

Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.