by Oyegbami Blessed Anuoluwapo
Salaudeen Abdullahi Ayobami
ABSTRACT.
Among the Yoruba people, people with special needs are often referred to as ‘Akanda eyan; meaning someone that is unique, one of a kind and different from the usual. These people are considered special creations of God with divine purpose. There are people with certain conditions of the body or mind (impairment) that makes it more difficult for them do certain activities. There is a need for legal intervention to ensure that these people are not disadvantaged by these conditions and they are helped to fit into the society properly and have equal access to opportunities like other members of the society. This paper examines the available legal frameworks on special needs people.
INTRODUCTION
The Nigerian national assembly estimated in 2013 that there are over 20 million people living with disabilities in Nigeria. In a recent report published by the national commission for people with disabilities, people living with disabilities in Nigeria were estimated to be about 35.1 million. A research by the trade union congress reported that most workers with disabilities cannot access decent work. According to UNICEF, about 95% of children with disabilities in developing countries are out of school and 90% of them may never gain access to basic education in their lifetime. World Bank and WHO have projected that 80 to 90% of people with disabilities don’t gain access to basic needs of life especially basic education.
Position of the Law:
Section 41 of the constitution of the federal republic of Nigeria. (CFRN 1999) guarantees every Nigerian freedom from discrimination. Nigeria has had two major legislations aimed at improving the lives of people living with disabilities in Nigeria.
The Nigerians with disability decree is the first legislation on people living with disabilities in Nigeria. The Nigerians with disability decree was enacted in 1993 under the leadership of general babangida. The purpose of this Decree is to provide a clear and comprehensive legal protection and security for Nigerians with disability as well as establish standard for enforcement of the rights and privileges guaranteed under the decree and other laws applicable to the disabled in the Federal Republic of Nigeria. The act created the national commission for people with disabilities (NCPWD) and saddled it with the implementation of the framework.
The discrimination against persons with disabilities (prohibition) act was enacted in 2018 with the aim of building upon the 1993 decree the laws prohibits discrimination on the basis of disability and imposes sanctions including fines and prison sentences on those who contravene it. It also stipulates a five year transitional period for modifying public buildings, structures, and auto mobiles to make them accessible and usable for people with disabilities.
The act establishes the National commission for people living with disabilities. The commission has the mandate to coordinate and implement activities that guarantee full inclusions of persons with disabilities into the society.
Some notable provisions in the act include:
The act provides that all buildings should be built in ways that are accessible to people with special needs. Section 7(2) of the act prohibits government bodies, agencies or individuals responsible for the approval of building plans from approving plans that fail to provide such accessibility features.
Section 17 of the act entitles a person with disability to right to education free from discrimination. It also entitles a person with disability to free education up to secondary level and mandates the National Commission for Persons with Disabilities to provide educational assistive devices. Commendably, section 19 of the act provides for subsidized education for special education personnel.
The act criminalizes the use or involvement of a person with disability in begging or parading them in public with the intention of soliciting for alms in section 16. – Persons who violate this are liable on conviction to a fine of N100, 000, a term of 6 months imprisonment or both.
In section 21, the act mandates the Government to provide persons with disabilities free access to adequate health-care devoid of discrimination. It also entitles persons with mental disability to free medical and health services in all public institutions.
The act in section 28 guarantees a person with disability the right to work and earn a living in a work environment free from barriers to employment. Persons and companies who breach this provision are liable on conviction to nominal damages of a minimum of N250, 000 payable to the affected person (when an individual commits the offence) or N500, 000 (when a company commits the offence). Principal Officers of a company are also liable to pay N50, 000 damages to the affected person with disability.
Public institutions are mandated to have at least 5% of persons with disabilities in their employment.
The act provides that the government shall provide an enabling environment for people living with disabilities to participate in government and engage in public affairs in non-governmental organizations, associations and in the administration of political parties. People with disabilities are also encouraged to fully participate in politics and public life.
The act provides that a Person with Disability must obtain a Permanent Certificate of Disability from the National Commission for Persons with Disabilities. A temporary certificate of disability may be issued by a doctor with approval of the Commission if the doctor suspects disability in the course of treatment of a person who was not a person of disability before.
CONCLUSION AND RECOMMENDATION
The provisions of the act are commendable however like several other laws, the implementation of the law is nothing to write home about. The government should work hard on implementation and show example by ensuring that disabled people make up 7-9 percent of their workforce.
