Perspectives and Legal Implications of Inclusive Access to the Environment for Children Living with Disabilities in Nigeria Under the Discrimination Against Persons with Disability (Prohibition) Act 2018

Emenike Olisa Mbanugo Esq

doi:10.7176/jlpg/85-15

Abstract

The enactment of the Discrimination against Persons with Disabilities (Prohibition) Act 2018 (DPDPA) is a watershed in the prolonged narrative on the protection of the rights of persons with disabilities in Nigeria. However, the provisions of the DPDPA, especially dealing with access to the environment or physical structures, fall short of global expectations, standards and international law and instruments. The strength and weaknesses of the Act therefore will be examined to ascertain if it has made adequate provisions for the protection or prohibition from discrimination for persons with disabilities especially children. The provisions of the law should be examined to establish its conformity with the enjoyment of human rights and fundamental freedoms guaranteed by the Universal Declaration of Human Rights, the Convention on the Rights of Persons with Disabilities, the Constitution of the Federal Republic of Nigeria, regional and international instruments to which Nigeria is a signatory and existing national and provincial laws. The focus of this paper is the provision on accessibility of physical structure [1] which prohibit the violation of the right of persons with disabilities to access public building, public transportation and ancillary matters. It will be examined to see whether these provisions can be said to assure access to the physical structure to children with disabilities on equal basis with other children and the general public and also whether they comply with the provisions of the Convention on the Right of Persons with Disabilities (CRPD) to which Nigeria is a signatory. One key question that agitates this paper is whether this law has established adequate mechanism and sufficient institutional framework that guarantees the application and implementation of this law. The National Building Code is a vital key to the effective implementation of the provisions of the DPDPA dealing with access to the environment and relevant provisions of the Code will be discussed. The object of this paper is to provoke a robust enforcement cum implementation of the law, highlighting areas that will require amendment, review or overhaul to bring it in closer alignment with global best practices, international standards and very importantly, the Convention on the Rights of Persons with Disabilities. This paper will attempt to analyse the legal implications of inclusive access on an equal basis and the feasibility of the provisions of the DPDPA aforesaid in comparison with the CRPD and the institutional infrastructure designed to achieve its basic goals. DOI : 10.7176/JLPG/85-15 Publication date :May 31 st 2019 [1] Discrimination Against Persons with Disability (Prohibition) Act 2018, Part II

Highlights

All human beings are born free and equal in dignity and rights.[2]
The effective implementation and enforcement of Chapter II of the Discrimination against Persons with Disabilities (Prohibition) Act 2018 lies in the grit and determination of the executive arm of government to lead in the provision of adequate and appropriate facilities for access to the environment and compelling other institutions to ensure safe access to public buildings and places for children with disabilities
It lies in the deployment of adequate mechanism in the oversight function of the legislative house to ensure compliance with the law. It lies in a disciplined and robust judiciary primed to respond to internationally acceptable democratic ethos in the enforcement of human rights in accordance with the Constitution, the Rules, domestic and international instruments and global best practices and principles

Summary

Introduction

All human beings are born free and equal in dignity and rights.[2]. It is the duty of all units of society – family, community, governments – to ensure that this universal principle is applied and sustained at all levels of relationship and in all affairs relevant to the administration of nation states. Endorsed the adoption of the 'Rent-to-Own' product by all tiers of Government to improve housing inclusion, growth and economic prosperity” There is no doubt that ensuring that buildings springing up in urban and rural settings are environmental friendly, expresses inclusion of all categories of persons bordering on functionality and grants access on an equal basis to persons with disabilities especially children will accord with the object of the DPDPA and the Convention on the Rights of Persons with Disabilities. In prohibiting discrimination against children and other persons with disability, it is crucial that the State views discrimination in the society with some measure of seriousness and a determination to enforce the law It can be seen from the DPDPA that any failure or neglect to comply with the provisions of the Act relating to access to the physical environment will attract imprisonment or the payment of fines and deserving cases to both fines and imprisonment. The use of wheel chairs on choked, narrow and cramped trains, vessels and aircraft without accessible aisles and spaces, toilet facilities and inadequate wheelchair passage and turning space present an immediate

Section 3

Findings

CONCLUSION