Abstract
BackgroundThe Namibian policies and legislative framework were reviewed to determine the extent to which the needs of persons with disabilities were met and aligned with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Further, the disability legislative framework of Namibia is compared with that of other southern African countries.MethodsWe conducted a retrospective analysis of policy and legal framework which addresses the needs and rights of persons with disabilities in Namibia from 1990 to 2016. A qualitative approach employing a case study design was used. Furthermore, a comparative analysis of the policies and legislation for alignment with the UNCRPD and how Namibia compares with other southern African countries is discussed.ResultsFour policies, one piece of legislation and one international instrument were identified as directly related to disability. Community-based rehabilitation was adopted as the main strategy for rehabilitation. Alignment of the policy and legal framework with the UNCRPD was found to be minimal. Furthermore, most of the legislation in southern Africa was formulated before the existence of the UNCRPD in 2006.ConclusionAlthough much progress has been made in meeting the needs of persons with disabilities, key implementation issues to be addressed include central coordination, overlapping strategies, disability models and gender differences. There is a need for the policy and legal framework of Namibia and other southern African countries to be more responsive to the human rights needs of persons with disabilities.Clinical implicationsThe study offers insights in reviewing disability policy and legal frameworks in southern Africa for influencing disability service delivery. Future studies can investigate the progress of implementation of disability policy and legal framework from the perspectives of implementers and recipients of services.
Highlights
The Namibian policies and legislative framework were reviewed to determine the extent to which the needs of persons with disabilities were met and aligned with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
The findings revealed that there is some alignment of the UNCRPD Articles with sections of the National Policy on Disability (NPD) with the exception of UNCRPD Articles (Right to life), (Risk and humanitarian emergencies), (Liberty and security of person), (Freedom from torture), 18 (Liberty of movement and nationality), 20 (Personal mobility), 22 (Freedom of expression and opinion; access to information), which are not reflected in either the NPD or the National Disability Council (NDC) Act
This review identified the community-based rehabilitation (CBR) programme as underpinning all policies and legislation as a key strategy for providing rehabilitation services in Namibia
Summary
The Namibian policies and legislative framework were reviewed to determine the extent to which the needs of persons with disabilities were met and aligned with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). In Namibia, this blueprint formed the basis for formulation of the National Policy on Disability (NPD) (Government Republic of Namibia 1997) This NPD policy paved the way for other inclusive policies, legislation and programmes for persons with disabilities. The UNCRPD and its Optional Protocol was adopted in 2006 and was opened for signature in 2007 It represents the first international comprehensive legally binding human rights treaty related to issues concerning persons with disabilities.
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