South Africa UN Convention of the Rights of People with Disabilities: Signed and ratified: December 2007.

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Presentation transcript:

South Africa UN Convention of the Rights of People with Disabilities: Signed and ratified: December 2007

Section 9 (3) of the Constitution provides that: “The state may not unfairly discriminate 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.” “The state may not unfairly discriminate 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.”

EEA – recognizing diversity The Employment Equity Act is the principal legislation for protecting and promoting constitutional values in the workplace. (Act 55 of 1998). The Employment Equity Act is the principal legislation for protecting and promoting constitutional values in the workplace. (Act 55 of 1998). Section 15 (2) (c) requires “affirmative action measures implemented by a designated employer to include reasonable accommodation for people with disabilities.” Section 15 (2) (c) requires “affirmative action measures implemented by a designated employer to include reasonable accommodation for people with disabilities.”

The Promotion of Equality and Prevention of Unfair Discrimination (PEPUDA) Section 9 of PEPUDA provides that: “subject to section 6[1], no person may unfairly discriminate against any person on the ground of disability, including Section 9 of PEPUDA provides that: “subject to section 6[1], no person may unfairly discriminate against any person on the ground of disability, including[1] denying or removing from any person who has a disability any supporting or enabling facility necessary for their functioning in society; denying or removing from any person who has a disability any supporting or enabling facility necessary for their functioning in society; contravening the code of good practice or regulations of the South African Bureau of Standards that govern environmental accessibility; contravening the code of good practice or regulations of the South African Bureau of Standards that govern environmental accessibility; Failing to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably accommodate the needs of such persons.” Failing to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably accommodate the needs of such persons.” [1] Section 6 of PEPUDA states: ‘Neither the State nor any person may unfairly discriminate against any person.’ [1] Section 6 of PEPUDA states: ‘Neither the State nor any person may unfairly discriminate against any person.’ [1]

The Labour Relations Act (LRA) Act The LRA explicitly mentions and protects the rights of persons with disabilities in the workplace. The LRA explicitly mentions and protects the rights of persons with disabilities in the workplace.

The Social Assistance Act (SAA) Act provides for the payment of social grants to people who are unable to care for themselves without such assistance. provides for the payment of social grants to people who are unable to care for themselves without such assistance.

The South African Schools Act (SASA) provides for the inclusive education of children with disabilities provides for the inclusive education of children with disabilities

Promotion of Access to Information Act (PAIA) Act The right of access to information in state hands is unqualified. The right of access to information in state hands is unqualified.

Promotion of Administrative Justice Act (PAJA) Act Section 33 provides that “everyone has the right to administrative action that is lawful, reasonable and procedurally fair and that everyone whose rights have been adversely affected by administration action has the right to be given written reasons.” Section 33 provides that “everyone has the right to administrative action that is lawful, reasonable and procedurally fair and that everyone whose rights have been adversely affected by administration action has the right to be given written reasons.”

Department of Labour Employment Equity Act 55 of 1998: Code of Good Practice: preparation, implementation and monitoring of Employment Equity plans The aim of the Code is to guide employers and employees on key aspects of promoting equal opportunities and fair treatment for people with disabilities as required by the Employment Equity Act (EEA). The aim of the Code is to guide employers and employees on key aspects of promoting equal opportunities and fair treatment for people with disabilities as required by the Employment Equity Act (EEA).

White Paper on the Integrated National Disability Strategy (1997) objectives of the INDS is to facilitate the integration of disability issues into government and developmental strategies, to develop an integrated management system for the coordination of disability planning, to develop capacity building strategies that would enhance government’s abilities and to develop programmes for public education and awareness. objectives of the INDS is to facilitate the integration of disability issues into government and developmental strategies, to develop an integrated management system for the coordination of disability planning, to develop capacity building strategies that would enhance government’s abilities and to develop programmes for public education and awareness. human rights approach to disability. human rights approach to disability.

Regulations for Electronic Communications Broadcasting and Postal Sectors to meet the needs of Persons with Disabilities. Regulations for Electronic Communications Broadcasting and Postal Sectors to meet the needs of Persons with Disabilities. White Paper 6 on National Transport Policy – promotes accessibility and accommodation White Paper 6 on National Transport Policy – promotes accessibility and accommodation