Among the diverse citizenry that comprise Commonwealth countries are persons affected by disabilities and who remain vulnerable and under-represented. In light of the challenges of under-representation and the stigmatisation of persons with disabilities globally, the democratic principles of the Commonwealth of Nations have been placed under scrutiny. Thus the constitutionality and fairness of governmental policies and national legislation are criticised for their degree of reflection and representation of the social and political rights of persons with disabilities. This thesis will critically analyse the national legislative and policy frameworks affecting persons with disabilities in selected Commonwealth countries. Comparisons will be made between these selected countries, namely Canada, India, Kenya and South Africa. The Commonwealth and subscription to the United Nations’ Convention on the Rights of Persons with Disabilities will serve as a standardised platform for comparisons. Comparisons of the legislative prescriptions of the respective countries will be instrumental highlighting the challenges in the representation of the rights and freedoms of persons with disabilities globally and in improving and strengthening legislative prescription affecting persons with disabilities. The varying levels of development amongst countries and the lack of appropriate infrastructure continue to be detrimental to the effective representation of persons with disabilities and the ability of national governments to develop strong and effective legislative and policy frameworks remains compromised. It is thus essential that attention is directed to the challenges facing countries so that appropriate actions and remediation can improve the vulnerabilities linked to persons with disabilities. This study adopts a theoretical and case law approach. It firstly provides a conceptual framework for disability. The conceptual framework comprises the perspectives on disability that have justified the approaches to persons with disabilities. Theories and values and the international legal framework relevant to persons with disabilities will be provided. The theories and values provide a traditional framework and play an instrumental role in guiding actions toward the effective development of public policy and prescription of legislation. The selected countries will be analysed as separate cases. The countries will be analysed individually prior to the comparative component to acknowledge the strengths, weaknesses and challenges facing each country in relation to its own structure and level of development. The findings are based on themes which emerge from the analysis of the legislation and policies affecting persons with disabilities in the selected countries. The findings are presented in a comparative format owing to the comparative nature of the study. Recommendations that flow from the comparative analysis and findings are proposed in the final chapter. The adoption of the proposed recommendations can strengthen legislative prescriptions affecting persons with disabilities both nationally and internationally and improve the representation of the rights and freedom of persons with disabilities in the global context.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nmmu/vital:27670 |
| Date | January 2017 |
| Creators | Pillay, Sareesha |
| Publisher | Nelson Mandela Metropolitan University, Faculty of Arts |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis, Doctoral, PhD |
| Format | vi, 358 leaves, pdf |
| Rights | Nelson Mandela Metropolitan University |
Page generated in 0.0017 seconds