A Critical Analysis of the Efficacy of the persons with disabilities ACT in promoting and protecting the welfare of persons with disabilities: a case of the physically handicapped

Abstract

Persons with disabilities, specifically the physically disabled constitutes the largest group of the population comprising 35.2 percent of persons with disabilities, with a larger part living in rural areas. They have been and continue to be marginalized as a result of prejudice and as such they are discriminated against and excluded from the mainstream society. In this regard they are usually poor and engage in menial jobs and low income generating businesses. Legislation on disability has been repealed and policies have been formulated to address disability issues, however, persons with disabilities continue to be marginalized. This therefore necessitates research into this area. Thus this essay pays attention to the Persons with Disabilities Act with the aim of determining its effectiveness in addressing matters of disability as well as whether it conforms to international values on disability especially with regards to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD). In this regard it examines different international instruments such as the instrument mentioned above. This paper also looks at the necessity of harmonizing different Acts of Parliament in a manner that can assist in improving the welfare of persons with disabilities. It underscores the fact that issues of disability are cross-cutting issues in which regard every government ministry has a role to play in addressing the interests of persons with disabilities, and this calls for concerted efforts by the different ministries to improve the welfare of persons with disabilities. Essentially, this means that it is necessary that different Acts of Parliament are harmonized in a manner that addresses issues of disability effectively. Thus it looks at whether and the extent to which different Acts of Parliament address disability issues and gives recommendations to that effect.