Exploration of Nigeria's discrimination against persons with disabilities (prohibition) act, 2018-a legal practitioner's perspective

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Date
2024-08-20
Authors
Okata, Ihenyerem
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Abstract

The Discrimination against Persons with Disabilities (Prohibition) Act, 2018 aims to protect, promote, and project the inclusion of persons with disabilities. These goals are similar to those contained in the earlier Nigerians with Disability Decree, 1993. The impact and dividends however, demonstrate ongoing struggle to realize the goals of the Act. The Act applies to the Federal Capital Territory, Abuja and will apply to the various States of the Federation by adoption or domestication by the various States through the States’ legislatures. Persons with disabilities and their allies rely on the law to change the status quo. However, disability rights violators may find excuses to escape responsibility and liability in the same law meant to protect persons with disabilities. The Act, which was enacted to prevent discrimination against persons with disabilities seems to be double edged - working to the advantage of persons with disabilities and at the same time leaving gaps that work against its objectives. Parties involved in disability rights violations deny liability for disability rights infractions against the victims of the violations over what they term the ‘ambiguous’ position and provisions of the Act, which include: the imprecise transitional provisions on the time frame to comply with the Act’s provisions; lack of adequate awareness (which seem to have been exacerbated by the removal of the Federal Ministry of Information as one of the participating member ministries in the Commission); confusing timelines or the enforcement of compliance with Notice to Comply used in cases where lack of access has been discovered; and different provisions in both the Act and the Decree (5% in the former and 10% in the latter) as to the employment percentage for persons with disabilities with respect to employment of persons with disabilities in public service. Issues such as these undermine the Act’s utility and ability to compel compliance with the complaints and demands of persons with disabilities founded on the Act and outline a clear road map for the enforcement of the Act. Consequently, it became imperative to undertake an exploration of the Act – the subject of this work, to espouse and address these nagging gaps. Doing so from the perspective of a legal practitioner, it is opined will contribute to achieving a smooth and efficient implement of the Act taking cognizance of the cultural milieu in which the Act is expected to be applied. An in-depth review of extant relevant literature and theories of disability was employed and the engagement of the legal strategy theory. It became evident that there were gaps in the Act that needed to be filled and that these gaps were both within and outside the Act. The conclusion drawn is that there should be an amendment of the existing Act and also the establishment of specialized Courts and legal clinic to ensure the realization of the objectives of the Act.

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Exploration of Discrimination against persons with disabilities act
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