Legal Framework Of People Living With Disabilities In Nigeria

INTRODUCTION

The term ‘disability’ is any condition of the body or mind (impairment) that makes it more difficult for the person with the condition to perform certain activities (activity limitation) and interact with the world around them (participation restrictions). Disabilities come in various forms, affecting one’s: vision, movement, thinking, remembering, learning, communicating, hearing, mental health and social relationships. A disabled person according to Oxford Dictionary of Law 6th Edition (2006) is a person who has a physical or mental impairment that has a substantial or long term effect on his abilities to carry out day-to-day activities.

In the present Nigerian society, persons with disabilities tend to experience hardship than the abled and healthy ones. Persons with Disabilities (PWDs) face difficulties accessing adequate health services, poor educational facilities on account of adequate learning facilities, persistent stigma, discrimination and barriers to accessing basic social services and economic opportunities.

However, it is very prevalent in Nigeria to see PWDs being pitied rather than being encouraged to have impact in the development of the country. The worst situational part of this is that PWDs are turned to beggars on major Nigerian streets. Nigerians ordinarily perceive disability as a charity and as a result of this, the social inclusion of PWDs in the country is jeopardized. For instance, the Nigerian media still address disability issues as a charity matter instead of something concerning public policy.

In the course of stigmatizing PWDs, records have shown that people isolate them in terms of social activities, avoid any relationship with them, downgrade, discriminate, blame and most likely targeted in crimes as they fall victims due to their vulnerability.

LEGAL FRAMEWORK FOR DISABILITY IN NIGERIA

It is incumbent and pertinent to lay the fact that the establishment and implementation of a legal framework should be grounded in the protection, safeguard, and guarantee of the rights of persons with disabilities. It is worthy of note that for PWDs to live a life free of stigmatization and other disability challenges, laws must be put in place to achieve such.

A good number of statutes have been enacted to ensure the prohibition of discrimination against persons with disabilities in different countries of the world e.g United Kingdom, United States of America, Nigeria and a large number of others.

The International Statutes include:

1. Equality Act, 2010 (applicable in the UK)
2. Disability Discrimination Act, 1995 (applicable in the UK)
3. Americans with Disabilities Act, 1990 (applicable in the USA)
4. United Nations Convention on the Rights of Persons with Disabilities, 2007 (applicable to member states)

Nigerian statutes prohibiting discrimination against PWDs include but not limited to:

1. The Constitution of the Federal Republic of Nigeria, 1999 (as altered)
2. Discrimination against Persons with Disabilities (Prohibition) Act, 2018
3. Nigerians with Disabilities Decree, 1993
4. Disability Protection Laws (States in Nigeria)
5. National Policy on Disability in Nigeria, 2017

It is important to note that the United Nations Convention on the Rights of Persons with Disabilities, 2007 has been domesticated by the Nigerian National Assembly by the virtue of Section 12 of the 1999 Constitution of Federal Republic of Nigeria (as altered).

Moreso, the Constitution of the Federal Republic of Nigeria 1999, as the grundnorm from which other laws derive validity therein makes provision for Fundamental Rights (Chapter IV) which all Nigerian citizens including PWDs are entitled to enjoy by virtue of being human. Although, the Constitution does not make direct provisions for the rights of PWDs, but can be inferred from its provision in Section 42 in which ‘Right to Freedom from Discrimination’ is entrenched.

Additionally, the main statute protecting the rights of persons with disabilities in Nigeria is the Discrimination against Persons with Disabilities (Prohibition) Act, 2018 providing for the full integration of persons with disabilities into the society and establishes the National Commission for Persons with Disabilities and vests the Commission with the responsibilities for their education, health care, social, economic and civil rights.

The Act which comprises 58 Sections makes some provisions which are as follows:

1. Non-discrimination of persons with disabilities. Any individual found contravening this provision is liable to a fine of N100,000 or a jail term of six months or both, while a body or corporation will be liable to a fine of N1,000,000.
2. Awareness programs for the promotion of the rights, respect, and dignity of persons with disabilities.
3. The Act gives PWDs the right to access the physical environment and buildings on an equal basis.
4. The Act prohibits discrimination against PWDs in public or road transportation. Transport service providers are to provide accessibility aids for such persons. The same should be done in seaports, airports, and train stations.
5. The liberty, right to education, health, first consideration in queues, accommodation, and in emergencies are well provided.
6. The Act makes provision for employment opportunities, political participation, and public life for PWDs.
7. Also, the Act establishes the National Commission for Persons with Disabilities as well as a Governing Council to conduct the affairs of the Commission, etc.

CHALLENGES IN THE IMPLEMENTATION OF NIGERIAN DISABILITY LAWS

Despite the enactment of several statutes for the prohibition of discrimination against PWDs, discrimination against such persons still persists.

People living with disabilities in Nigeria face numerous challenges, including:

1. Limited Accessibility: Public infrastructure, buildings, and transportation are often not designed to accommodate people with disabilities, making it difficult for them to move around independently.
2. Education: Access to quality education is a significant challenge. Many schools lack the resources and trained personnel to support students with disabilities, leading to exclusion from the education system.
3. Employment: Discrimination and stigmatization in the workplace make it challenging for people with disabilities to secure and maintain employment. This leads to financial insecurity and dependency on others.
4. Healthcare: Access to appropriate healthcare services and facilities can be limited. Many healthcare facilities are not equipped to handle the specific needs of people with disabilities.
5. Social Stigma: People with disabilities often face social stigma and discrimination, which can lead to isolation and low self-esteem. This hinders their full participation in society.
6. Lack of Legal Protections: Despite legislation aimed at protecting the rights of people with disabilities, enforcement is weak, and many face discrimination and human rights violations.
7. Poverty: Due to limited employment opportunities and social support, people with disabilities are more likely to live in poverty, exacerbating their challenges.
8. Inadequate Social Services: Limited access to support services such as counseling, assistive devices, and rehabilitation programs further impedes the well-being of individuals with disabilities.
9. Transportation: Public transportation systems rarely cater to people with disabilities, making it difficult for them to commute and participate in daily activities.
10. Communication Barriers: Accessibility to information and communication can be a challenge, as many public announcements, documents, and websites are not designed to be inclusive.

Efforts to address these challenges include advocacy for disability rights, increased awareness, and government policies promoting inclusivity. However, substantial progress is needed to ensure that people with disabilities in Nigeria can enjoy equal opportunities and full participation in society.

The discrimination against persons with disabilities is not confined to the job application stage. It carries over to the employment process itself. Here are a few examples of some persons with disabilities who shared their experiences at work. Their experiences show that, in many organisations, there is a moderately high degree of discrimination against people with disabilities.

1. I have not been promoted, whereas my colleagues who were employed about the same time have been receiving their promotions. I had to ask why; I was not given any reasonable answer for not promoting me. For conferences and seminars, I was told when I confronted my boss sometimes ago that it will cost them much sending people like me for a course. Again, I cannot access some of the offices in the work environment. Once, I tried climbing the one of our office complex I fell. Since then I have never tried it again.
2. Sometimes ago I was harassed by a colleague of mine in the office, who made a mockery of my walking stick. Another one casually called me a one-legged person; even when I reported the matter to my Head of department nothing was done about that… Similarly, when I went to the canteen to eat, while we were on queue I pleaded with a staff to allow me stand in front of him so I could be attended to fast since I would not be able to stand for so long. He retorted and asked if he was the cause of my challenge.

The following are the shortcomings/weaknesses in the laws:

1. Weak enforcement of the law: The laws which have been established to protect the rights of persons with disabilities and in their interest are not properly enforced and implemented.
2. Lack of political will by the government to ensure implementation and compliance.
   Inadequate policies and standards: Nigerian policy design does not most often consider the need of persons with disabilities.
3. Negative Attitudes: Beliefs and prejudices are the main barriers as people do not see disabled people beyond their disability.
4. Lack of data and information/Help Centre for Persons with Disabilities.
5. The Nigerian government has limited financial resources to implement the legal and policy measures for the protection of the rights of disabled persons. This has led to inadequate funding of disability programs and services.
6. Many Nigerians lack awareness and knowledge about disability issues, which leads to stigmatization and discrimination against persons with disabilities.

Notably, enforcement and compliance are significant barriers to successful implementation of the Nigerian Disability Act. Alongside these constraints, challenges like statistical and societal inhibitions have not been helpful.

CONCLUSION

By all means, the rights of persons with disabilities are meant to be safeguarded. Having enacted statutes to achieve such, the government of the day should create serious measures to reduce the rate at which PWDs are being discriminated in our present society by ensuring total compliance with the Nigerian Disability Act and other ratified disability laws, protecting disability rights as human rights, making awareness on disability, providing the necessary accessibility aids for PWDs, formulating and implementing policies to promote full participation for PWDs, etc.

In this light, the challenge confronting policy and law formulation to promote, protect and safeguard the rights of persons with disabilities needs to be viewed in a broader context beyond a single piece of legislation.

REFERENCES

1. Definition of Disability, https://www.ucl.ac.uk/child-health/about-us/equality-diversity-and-inclusion/focus-groups/disability-visibility-group/definitions (accessed on 20 September, 2023)
2. Social inclusion of persons with disabilities in Nigeria: Challenges and opportunities, https://blogs.worldbank.org/nasikiliza/social-inclusion-persons-disabilities-nigeria-challenges-and-opportunities (accessed on 20 September, 2023)
3. Lang, R. & Upah. L. Disability Scoping Study in Nigeria. Department For International Development, London. https://www.ucl.ac.uk/lc-ccr/downloads/scopingstudies/dfid_nigeriareport (accessed on 20 September, 2023)
4. Disability Statute and Amenability in Nigeria, https://www.eajournals.org/wp-content/uploads/Disability-Statute-and-Amenability-in-Nigeria.pdf (accessed on 20 September, 2023)
5. Preamble, Discrimination Against persons with Disabilities (Prohibition) Act, 2018
6. Disability Statute and Amenability in Nigeria, https://www.eajournals.org/wp-content/uploads/Disability-Statute-and-Amenability-in-Nigeria.pdf (accessed on 20 September, 2023)
7. Challenges Facing People with Disabilities and Possible Solutions in Tanzania, https://core.ac.uk/download/pdf/ HYPERLINK “https://core.ac.uk/download/pdf/234698127.pdf”234698127 HYPERLINK “https://core.ac.uk/download/pdf/234698127.pdf”.pdf (accessed on 21 September, 2023).

This Article Was Written By: Toheeb Abdulsamod Obasanjo a Third Year Law Student of The University of Ilorin, Kwara State, Nigeria & Ashimi Saoban Adedayo a Sophomore Law Student of The University of Ilorin, Kwara State, Nigeria.