CEU Electronic Theses and Dissertations, 2018
| Author | Phiri, Joel Msipu Massimo |
|---|---|
| Title | The Human Rights Protection Mechanisms in Place for Children with Intellectual Disabilities: A Comparative Analysis Of Zambia, Kenya, AND South Africa |
| Summary | Children with intellectual disabilities are one of the most marginalized groups in society. One of the reasons for this is that people lack the understanding of intellectual disability. Marginalization results into isolation, as a result, this leads to the denial of the enjoyment of human rights which other non-disabled persons get to enjoy. International human rights law recognizes that children with intellectual disabilities are human rights holders. The CRC was the first international human rights treaty to prohibit discrimination because of disability and it recognized the rights of children with disabilities. The CRPD is entirely dedicated to upholding the rights of persons with disabilities. Both conventions give children with intellectual disabilities the rights to education and health. Countries which have rectified these conventions give their consent to be bound by the provisions in both conventions. The right to education and health are important rights in the inclusion of children with disabilities into society. Education is vital as it helps to unlock other fundamental rights. It helps children with disabilities to climb the academic ladder and to contribute to the economy of a country. Inclusive education is an important element that each country should aspire to achieve because it helps to eliminate discrimination, and learners get to appreciate diversity. An adequate health system helps to prevent further disabilities, and it helps to ensure that children with disabilities grow to their fullest potential. Therefore, this study aims at exploring the protection mechanisms which are in place in Zambia, Kenya, and South Africa regarding the rights to education and health for children with intellectual disabilities. Protection mechanisms in this context implies the legislation in place in these countries, such as, the Constitution and other laws which specifically touch on education and health of children with disabilities. These laws will be analyzed if at all they meet the international human rights standards stipulated in the CRC and CRPD. Best practices will be explored, and recommendations will be given to Zambia. |
| Supervisor | Uitz, Renata |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2018/phiri_joel-msipu.pdf |
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