Not another technological acronym but an abbreviation for the Promotion of Equality and the Prevention of Unfair Discrimination Act (PEPUDA).
The act's preamble starts by touching on the need of eradication of social and economic inequalities as inflicted on by the previous regime. The reality is that although progress has been made, systemic inequalities and unfair Discrimination remains deeply embedded. The answer for this lies in the Constitution. This act is a direct result of Section 9 of the Constitution calling for the enactment of national legislation to prevent or prohibit unfair discrimination. South Africa also has international obligations by form of treaties and customary international law in the field of human rights. In 2007 the Convention of the Rights of Persons with Disabilities were formalized and signed by many countries including South Africa.
Section 6 of PEPUDA as referenced by section 9 states the following:
Prevention and general prohibition of unfair discrimination
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Neither the State nor any person may unfairly discriminate against any person.
The section that deals with discrimination on the grounds of disabilities is section 9:
Prohibition of unfair discrimination on ground of disability
9. Subject to section 6, no person may unfairly discriminate against any person on the
ground of disability, including—
(a) denying or removing from any person who has a disability, any supporting or
enabling facility necessary for their functioning in society;
(b) contravening the code of practice or regulations of the South African Bureau
of Standards that govern environmental accessibility;
(c) failing to eliminate obstacles that unfairly limit or restrict persons with
disabilities from enjoying equal opportunities or failing to take steps to
reasonably accommodate the needs of such persons.
The Convention on the Rights of Persons with Disabilities can be viewed here:
A few highlights of the Convention include :
Article 5 : Equality and non-discrimination, Article 9 : Accessibility, Article 13 : Access to justice, Article 14 : Liberty and security of person, Article 15 : Freedom from torture or cruel, inhuman or degrading treatment or punishment, Article 17 : Protecting the integrity of the person, Article 19 : Living independently and being included in the community, Article 20 : Personal mobility, Article 21 : Freedom of expression and opinion, and access to information.
Discrimination on grounds of disability is no issue to be taken lightly. In south Africa alone over two million persons are affected by disability. I am one of the few who have enough resources to make this section of the population's voice heard. When speaking about disability, it is my duty as one of the relatively privileged few to speak on behalf those who cannot. Those who are stashed away due to not having the means to mobility. Those that are not treated with dignity due to some obscure cultural practice.
I do not dispute the fact that most people are discriminated against more often than one might suspect. The fact of the matter is that persons with disabilities are effectively discriminated against on a daily basis to such an extent that their quality of life is negatively influenced. Despite all the legislation mentioned above, a person with a disability is not put on equal base, as prescribed by law, to those without disabilities.
This cause, the struggle against disability discrimination is a battle against ignorance and only through public platforms like this forum can a change for the better be achieved.
