Disability rights and HIV/AIDS in eastern and southern Africa. A review of international, regional and national commitments on disability rights in the context of HIV/AIDS in eastern and southern Africa
The United Nations (UN) estimates that approximately 10% of the world’s population is living with some form of disability, and that people with disabilities form the world’s largest minority. Despite this, the human rights of people with disabilities have historically been marginalized in international human rights instruments. Prior to the recent development of the Convention on the Rights and Persons with Disabilities (CRPD), the Convention on the Rights of the Child was the only binding international human rights treaty that specifically referred to disability, prohibiting discrimination against children with disabilities. This report reviews international, regional and national commitments relating to disability in 19 focus countries in Eastern and Southern Africa (ESA). The report aims to identify the extent to which domestication of these commitments protects people with disabilities in the context of HIV in ESA. Findings indicated that although the CRPD has only recently come into full force, and it is premature to assess the extent to which its provisions have been domesticated and implemented, it is clear that many African countries have, for some time, been concerned about the rights of people with disabilities. Definite indications of protection for the rights of people with disabilities, predating the CRPD, within law, policy and plans in ESA, including protection of key rights important for disability, HIV and AIDS. Identified key gaps and weaknesses include limited obligations to ensure the availability and accessibility of specialized goods, services and facilities, limited provision for access to information and communication, limited provision for access to justice, limited provisions for data collection, and finally, limited recognition of the gender dimensions of disability. Recommended areas of improvement include implantation by duty bearers, research and awareness raising as well as enforcement and accountability. It is critical that countries review their existing legislative and policy framework to ensure that it is consistent with the provisions of the CRPD and, furthermore, that they ensure that these rights are translated into meaningful rights and responses in relation to HIV and AIDS.
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