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Rights of People with Disability in Nigeria: Attitude and Commitment

Document Cited authorities 4 Cited in Related
Vincent
Date01 August 2016
Author
DOI10.3366/ajicl.2016.0163
Published date01 August 2016
Pages439-459
INTRODUCTION

The international and regional human rights systems remain one of the greatest achievements in the internationalisation of human rights and today the systems are important venues for the protection and promotion of human rights and in particular people with disability.1 Globally, there have been spirited efforts by people with disability to establish their legal rights as bona fide members of society. Before the 1970s, most legislation dealing with the challenges faced by such persons were more concerned with the provision of some form of social security or public assistance benefits. There was a change in the 1970s and 1980s centered on the rights of disabled people to the same protection under the law as enjoyed by the rest of the population.2 In advocating for their rights, people with disability have strived to establish that they be considered on the basis of individual merit, not on some stereotyped assumption about disability. They also advocated that society must make certain changes to enable them to participate more meaningfully in secular activities.

However, in the mid-1990s, the World Health Organisation (WHO) began a process of examining the International Classification of Impairments, Disabilities and Handicaps (ICIDH) and one Rachel Hurst represented Disabled People's International (DPI) in this review.3 At the end of the exercise, they produced a final document, the International Classification of Functioning (ICF), which takes a very strong approach to the social model of disability as against the medical model previously used.4

Instructively, law which formed the fundamental paradigm from which equality of opportunity can be established has not been so favourable to people with disability in Nigeria. Significantly the term human rights that pertain to rights individuals enjoy by virtue of being human irrespective of their status cannot be overemphasised. The rights are innate and are not acquired through achievement or qualification.5 Therefore, since human rights are a natural and integral part of all human beings by virtue of their humanity alone, they tend to be inalienable and universal in nature even against the disabled person. From this distinguishing characteristic it follows that we cannot discriminate between different able individuals with those with disabilities in respect of their human rights and neither functional impairment nor talent entitles any individual to any more or any fewer human rights than anyone else.6 This article examines the attitude of Nigeria to people with disability from the perspective of legislation, employment opportunities, housing rights, equal educational opportunities, equity in transportation, healthcare services and political rights. The article explores experiences from other jurisdictions on the protection of the rights of people with disability.

 CONSTITUTIONAL PROTECTION FOR THE RIGHTS OF PWD AND EXPERIENCE FROM OTHER JURISDICTIONS

As rightly observed law formed the essential framework for the protection, enforcement and promotion of equality of opportunity for the citizens inclusive of disabled people in any society. However, there appears to be little positive effort in the spectrum of legislation toward the protection of the rights of persons with disability (PWD) in Nigeria. A very important starting point when discussing fundamental rights is the Constitution, particularly the Nigerian Constitution, but a cursory exposition of the Bill of Rights in Chapter IV under the Constitution would reveal that there is no specific provision dedicated to the protection of the rights of PWD.7 In contrast, the chapter only guarantees the rights of citizens generally and without discrimination. This position is common in jurisdictions with written constitutions where a chapter is usually dedicated to the fundamental rights of citizens in general, both able and disabled, without discrimination. South Africa8 has a most comprehensive disability legislation and policy implementation, just like that of the UK.9 A germane example in the South Africa Constitution10 is the aspect which forbids unfair discrimination directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.11

It is the contention of the authors that there are constraints against the expected commitment of the Nigerian government to adopt the spirit and letters of the fundamental rights provisions in the constitutions for the enforcement of PWD rights. The constraint is manifest mostly in the sphere of governmental political and economic will to pursue with vigour policies for the achievement of the set objectives behind the laws. This failure constitutes a hindrance to the realisation of protection against neglect and enforceability by the PWD within the fundamental rights provision on the basis of their disability. This weakness still remains unchanged even since the inception of democracy in Nigeria in 1999 thus leaving the PWD to perpetual discriminatory treatment not only by government but also by the family and the community at large.12

The role and influence of international human rights has been more pronounce and influenced some countries to move a step ahead through the insertion of specific provisions in their constitutions directed at protecting the rights of PWD. This dynamism can be found in the Constitution of Ghana which, for instance, guarantees PWD the right to live with their families or foster parents and to participate in social, creative or recreational activities.13 It further forbids the subjection of disabled people to differential treatment in respect of residence other than that required by his or her condition or by the improvement which he or she may derive from the treatment. The law also forbids all forms of exploitation, either in the form of regulations or treatment which appears to be discriminatory, abusive or degrading in nature.14 Another country worth referencing is the Republic of Uganda which by its Constitution directs the legislature to take affirmative action to combat disability discrimination. It provides:

Persons with disabilities have a right to respect and human dignity, and the State and society shall take appropriate measures to ensure that they realise their full mental and physical potential; and Parliament shall enact laws appropriate for the protection of persons with disabilities.15

The Rwanda Constitution 2003, in its Article 11, provides that all Rwandans are born and remain free and equal in rights and duties. Discrimination on the basis of physical or mental disability or any other form of discrimination is prohibited and punishable by law. The constitutions of these countries demonstrate positive efforts by governments to provide equal opportunities to people with disability to enjoy rights similar to able persons. This type of synergy that focuses on the protection of PWD does not exist in Nigeria. Despite the fact that Nigeria is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the National Assembly has not deemed it fit to domesticate the convention. It may thus be argued that while policy and legislation are needed to ensure that international human rights standards are met for people with disabilities, government can firstly take initial action toward improving their lives and well-being

Notwithstanding, the concern for prevalent effects of stigmatisation on disabled people in society has, however, instilled the feeling for a change of attitude by a past military regime in Nigeria, consequent upon which the Nigerians with Disability Decree of 199316 was enacted. Apart from this military government's effort, the coming of civilian government in 1999 heralded several inconclusive attempts towards the promotion and protection of the rights of people with disabilities. This can be understood from several bills placed before the National Assembly for passage into law but are still pending today. This contradicts whatever the government commitment is to international human rights instruments. Some of the bills which are still pending before the National Assembly are:

 •the Discrimination against Persons with Disability (Prohibition Bill) (2008);

 •a Bill for an Act to prohibit all forms of discrimination against persons with disability, giving them equal opportunities in all aspects of life in society and related matters (2009);

 •a Bill for an Act to provide special facilities for the use of handicapped persons in public buildings;

 •a Bill for an Act to establish the National Social Security Board and vest with it the responsibility for the control and administration of benefits and assistance to enhance the welfare of citizens, especially disadvantaged persons, particularly children, women, the handicapped, the sick, the aged and the unemployed (2000);

 •the Mental Health Bill (2008); and

 •the Social Welfare Bill (2008).

 This is of concern because the human rights approach which implies legal reasoning and the task of finding authoritative principles that impose obligations on the state and some of its agencies toward fulfilling the PWD's demand for protection has not been taken advantage of in Nigeria. For instance, one constitutional authoritative principle states that human right to life is of equal value; each person is of infinite worth. Thus, to regard the life of a person with disability as being less equal or of less value than that of a someone without disability is a violation of this constitutional principle. In other words, the human rights approach demonstrates, among other things, the creation of legislation bestowing persons with disability and their organisations the mechanism to ensure that there is effective advocacy for their rights

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