DEVELOPMENTS REGARDING DISABILITY RIGHTS DURING 2013: THE AFRICAN CHARTER AND AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

Abstract

The historical picture of disability rights in the African regional human rights system can be described as one of ‘underutilised potential’.1 The foundational instrument, namely the African Charter on Human and Peoples’ Rights (the African Charter),2 contains a dedicated provision on the rights of persons with disabilities;3 although this article has been subjected to some criticism, it is noteworthy for its recognition of the principle that persons with disabilities are entitled to specific measures in accordance with their requirements. In recent years, a number of significant shifts towards inclusion of disability rights have become apparent,5 with disability rights gradually making their way into the major instruments of the system such as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Protocol).6 This subsection examines the work relating to disability rights of one institution in the African system during 2013, namely the African Commission on Human and Peoples’ Rights (African Commission). A specific aspect, the draft Protocol on the Rights of Persons with Disabilities, as recently completed by the Working Group on the Rights of Older Persons and People with Disabilities in Africa,7 is discussed below.