Constitution alone not enough to empower the disabled

NASCOH says one thing that is all-too evident, and that is undeniable the world over, is that people with disabilities suffer from a lack of access to the fundamental rights and freedoms that other people in society take for granted.

This deprivation or lack of access is, in fact, a very enduring form of disempowerment. The stigmatisation that people with disabilities are subjected to in society results in disempowerment . Similarly, the social exclusion that people with disabilities face at every turn in society is disempowerment. Marginalisation is disempowerment. The defining feature of people with disabilities, therefore, is disempowerment. Disempowerment can only be counteracted by empowerment. It is no wonder then that empowerment has become a buzzword for people with disabilities, especially with regard to the constitution. It is a multi-purpose term. Empowerment means empowering people with disabilities to have access to the fundamental rights and freedoms that other people take for granted.

The constitution is the supreme legislative and guiding document of the country that captures the countrys best intentions and it is therefore very important that the issue of empowerment is captured in the constitution as this will demonstrate the governments commitment to see that disability empowerment is implemented and achieved. The process towards the attainment of total inclusion of people with disabilities (PWDs) in the countrys processes does not start and end with the capturing of disability in the constitution it has to be reinforced by disability-specific laws deriving from the provisions of the constitution that give force to these provisions. It also needs to be reinforced by supportive disability friendly policies, such as a National Disability Policy. Zimbabwe currently does not have a National Disability Policy nor disability friendly legislation save for the Disabled Persons Act of 1992, which falls far short as it does not make any tangible provisions for PWDs.

The wording in a constitution often indicates the importance that the state attaches to that particular provision and the extent to which it is prepared to go in fulfilling it. In Zimbabwe, Amendment number 17, which provides for protection from discrimination on the grounds of race, sex, gender, marital status or physical disability of section 23 basically serves to criminalise discrimination on the grounds of disability. On the other hand, an analysis of the constitutions of countries across the world that have made headway in ensuring inclusive policies and accommodations for people with disabilities are more explicit in their provisions on disability.

What is lacking is a sound understanding of the bigger picture of the enormity, complexity and interconnectedness of disability issues and the need for a holistic, coherent and integrated approach to disability issues. This then results in little commitment to disability issues and consequently, little or no action is taken to advance disability. Commitment is of the essence in addressing disability issues. There is also need to adopt an appropriate approach to empowerment a judicious mix of a needs driven and policy driven approach.

Editors note: The National Association of Societies for the Care of the Handicapped (NASCOH) is the umbrella body for voluntary organisations of and for people with disabilities in Zimbabwe. It has 53 member organisations throughout the country.

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