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The rights of persons with disability – The Kenyan Constitution

The rights of persons with disability – The Kenyan Constitution

Rayhab Gachango by Rayhab Gachango
13 November 2014
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According to the constitution Part 3 – Specific application of rights the Disabled have in Clause 54 the following rights

54. (1) A person with any disability is entitled––

(a) to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;
(b) to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;
(c) to reasonable access to all places, public transport and information;
(d) to use Sign language, Braille or other appropriate means of communication; and
(e) to access materials and devices to overcome constraintsarising from the person’s disability.

(2) The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.

55. The State shall take measures, including affirmative action programmes, to ensure that the youth—Persons with disabilities,
Youth, Minorities and marginalised groups, Older members of society have

(a) access relevant education and training;
(b) Have opportunities to associate, be represented and participate in political, social, economic and other spheres of life;
(c) access employment; and
(d) are protected from harmful cultural practices and
exploitation.

56. The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups—

(a) participate and are represented in governance and other spheres of life;
(b) are provided special opportunities in educational and economic fields;
(c) are provided special opportunities for access to employment;
(d) develop their cultural values, languages and practices;and
(e) have reasonable access to water, health services and infrastructure.

Borrowed from the World Intellectual Property Organization Website article on the Kenyan Constitution.

We are not actually implementing the constitution when it comes to these issues. We need to push the government to implement the constitution when it comes to the rights of persons with disability.

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Rayhab Gachango

Rayhab Gachango

Potentash Founder. A creative writer. The Managing Editor at Potentash. Passionate about telling African stories and stories about the inclusion of minorities. Find me at [email protected]. “We're all stories, in the end.” ― Steven Moffat

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