DISABILITY RIGHTS: SALRH CALLS FOR INPUT ON UN CONVENTION DOMESTICATION

DISABILITY RIGHTS: SALRH CALLS FOR INPUT ON UN CONVENTION DOMESTICATION

• 01 October 2024
• Justice & Constitutional Development
• SA Legal Academy

The South Africa Law Reform Commission (SALRC) has released a discussion document and accompanying media statement on possibly domesticating the 2006 UN convention on the rights people with disabilities. Input is sought by 4 December 2024.

Informed by public comments on an issue paper released in December 2020, among other things the discussion document posits that domesticating the convention would ‘clarify and deepen’ efforts to facilitate the ‘full enjoyment of all rights’ by people with disabilities by:

• promoting their constitutional rights
• promoting the universally applicable values of equality, dignity and freedom, and
• prohibiting unfair discrimination.

This is noting that the legislation envisaged would apply ‘irrespective of age, gender, sex, origin, social class and race’.

Against that backdrop, the discussion document explores the merits of a comprehensive framework Act giving effect to the promotion of all fundamental human rights and protections. Given that the Promotion of Equality & Prevention of Unfair Discrimination Act, 2000, and the Employment Equity Act, 1998, both predate the UN convention, in the SALRC’s view a schedule to the proposed draft Bill would need to reflect the necessary amendments to both statutes.

• discussion document
• media statement
• UN convention
• 2020 issue paper

Published by SA Legal Academy Policy Watch

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