Editorial: Who’s Listening To The Cry Of Persons With Disabilities?

Eighteen years after the passage of the Disability Act, 2006 (Act 715), Persons with Disability (PWDs) have called for the speedy passage of the revised Act into law, to improve their living condition, according to a graphiconline.com story.

According to them, although the current law, which was passed by Parliament on June 23, 2006 and assented to by former President John Agyekum Kufuor on August 9, of the same year, had lifted the image of PWDs, it contained certain lapses that had been addressed in the re-enacted law.

The Chairman of the National Council for PWDs, Yaw Ofori-Debrah, said the enactment of Act 715 preceded the ratification of the United Nations Convention on the Rights of PWDs (UNCRP) in 2012 and, therefore, there were some gaps to be filled to align the domestic law with the Convention.

Mr Ofori-Debrah said it was in a bid to remedy those shortfalls that efforts were being made to re-enact the existing law to make it more relevant and responsive to current life demands of PWDs in the country. He stressed the need for government to expedite the process of passing the draft bill into law.

Again, Mr Ofori-Debrah cited the absence of a Legislative Instrument (L.I.) to give effect to provisions of the parent law and the lack of enforcement mechanisms to buttress the implementation of the law as the major reasons for the insignificant impact of the law on PWDs.

The disability community reminisces those two dates as critical historical milestones in the push for disability rights.

Mr Ofori-Debrah said the coming into effect of Act 715 had been the turning point in the lives of PWDs in the country. Notwithstanding the important role Act 715 played in the lives of PWDs, he called for the immediate passage of the revised Disability Act to resonate more with the current needs of PWDs.

Eighteen years ago, the Disability Act, 2006 (Act 715) was hailed as a breakthrough, a legal framework intended to protect the rights of PWDs and to enhance their quality of life. Its enactment signaled a national recognition of the need to eliminate discrimination against PWDs and to promote their inclusion in all aspects of society.

However, nearly two decades later, the disability community finds itself once again at a crossroads, calling for the swift passage of a revised version of the Act to address its numerous shortcomings and align it with international standards. The Act, as it stands, has proven inadequate in fully addressing the challenges faced by PWDs.

One of the major criticisms of the Act is the absence of a Legislative Instrument (L.I.) to operationalise its provisions. Without this crucial legal tool, the Act remains largely ineffective, with little enforcement to ensure compliance.

This has resulted in a situation where the rights of PWDs are recognised in theory but not fully protected in practice. Moreover, the lack of enforcement mechanisms has meant that many of the provisions of the Act have not been implemented, leaving PWDs vulnerable and their rights often neglected.

The call for the passage of the revised Disability Act is not just a matter of legal reform; it is a matter of social justice. The revised Act is designed to be more comprehensive and to address the specific needs and challenges that PWDs face in contemporary society. It seeks to remedy the shortfalls of the current law by incorporating provisions that reflect the evolving understanding of disability rights and by ensuring that PWDs have access to the same opportunities and protections as all other citizens.

The delay in passing the revised Disability Act is not just a legal oversight; it is a failure to prioritise the needs of a significant portion of our population. The disability community has waited long enough.

We urge the government to act swiftly and decisively. The 8th Parliament must rise to the occasion and pass the revised Disability Act before it dissoves. This is not just about fulfilling a legislative duty; it is about upholding the dignity and rights of PWDs, ensuring that they can live full, independent lives with the respect and equality they deserve.

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