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09 May 2024 | Story Valentino Ndaba | Photo Supplied
Disability Conference 2024
Empowering change: Advocates and experts unite at the UFS Conference on Disability Rights to foster inclusion and equality for all.

The Faculty of Law at the University of the Free State (UFS) through its Free State Centre for Human Rights, in collaboration with the Centre for Universal Access and Disability Support (CUADS) and Counterpart International, recently hosted the International Conference on Disability Rights from 24-26 April 2024. This significant event not only convened experts and advocates but also marked the launch of the Disability Rights Unit within the Faculty of Law.

Themed “Embracing Inclusion and Equality: A Perspective on Disability Rights Transformation", the conference served as a platform for insightful discussions and presentations aimed at fostering a more inclusive society.

Prof Serges Kamga, Dean of the Faculty of Law, emphasised the importance of the newly established Disability Rights Unit, stating, “The Disability Rights Unit will pave the way for promotion and protection of disability rights in our society.”

Martie Miranda, Head of CUADS, echoed this sentiment, underscoring the crucial role of such initiatives in advancing disability rights. “While CUADS provides holistic student support to students with disabilities, the Disability Rights Unit will provide for leverage in terms of access as their fundamental human right to optimally participate equally to their peers.”

Lessons from Mozambican disability legislation

Felisberto Elija Nhanenge and Jytte Nhanenge from Mozambique shed light on community inclusion through an examination of Mozambican disability legislation. Despite strides in policy, challenges persist in ensuring full societal participation for people with disabilities. The presentation highlighted the systemic barriers hindering access to education, healthcare, transportation, and employment. Moreover, it drew attention to the underlying influence of Western paradigms, emphasising the need for a holistic worldview to address entrenched biases and promote inclusivity.

Barriers to inclusion: The case of “unsound mind” provisions

Dr Dianah Msipa from the University of Pretoria delved into the legal hurdles faced by individuals with intellectual and psychosocial disabilities due to “unsound mind” provisions in African legislation. These provisions, found in several countries, restrict fundamental rights such as voting, property ownership, and personal liberty based solely on disability. Dr Msipa highlighted the urgent need for African states to align with international standards, advocating for universal legal capacity to ensure the full inclusion of persons with disabilities.

Visibility of disability: Data collection challenges

Bianca van der Schyff, representing the National and Provincial Women's Representative for DeafBlind in South Africa, addressed the critical issue of data collection regarding dual sensory impairments. She stressed the inadequacies in existing legislation which fails to capture the unique challenges faced by DeafBlind individuals, particularly concerning domestic violence. Van der Schyff put emphasis on the necessity of specialised research and comprehensive data collection to inform targeted interventions and support services for this marginalised group.

Advocating for dual-sensory impairments

The presentation underscored the importance of advocacy and empowerment for DeafBlind individuals, urging for a nuanced understanding of their needs and rights within broader disability discourse. Advocacy organisations play a vital role in raising awareness and promoting inclusive support services, yet there remains a pressing need for greater recognition of the complexities inherent in dual-sensory impairments.

In conclusion, the UFS International Conference on Disability Rights served as a catalyst for dialogue and action, reaffirming the university’s commitment to fostering an inclusive society that upholds the rights and dignity of all individuals, regardless of ability, as stipulated in Vision 130 – the strategic intent of the UFS to reposition itself for its 130th anniversary in 2034. As discussions continue and initiatives take shape, the conference represents a pivotal step towards realising the transformative potential of disability rights advocacy.

News Archive

UFS law students sit in on exceptional case in the Supreme Court of Appeal
2011-09-21

 

At the Supreme Court of Appeal were, from left to right: Dr Beatri Kruger, lecturer in our Department of Criminal and Medical Law at the Faculty of Law; Adv. Ann Skelton, Amicus Curiae instructed by the Restorative Justice Centre; Ms Matsepo Soko, post-graduate student in Criminal Law; and Prof. Annette van der Merwe from the University of Pretoria.
Photo: Leonie Bolleurs

Fourth-year and master’s-degree students, from our Faculty of Law, had the privilege of attending the hearing of one of their prescribed cases in the module, Criminal Law, namely the State versus Tabethe, in the Supreme Court of Appeal. Apart from the fact that they could attend the hearing, the students were also addressed by experienced legal experts, Adv. Ann Skelton (amicus curiae, instructed by the Restorative Justice Centre) and Prof. Annette van der Merwe from the University of Pretoria, on the broad outlines of the case.

In this case, the accused was found guilty of raping his fifteen-year-old stepdaughter. The court imposed a sentence of ten years’ imprisonment, suspended in full, but with certain conditions. The conditions include 800 hours’ community service and stipulate that the accused has to follow a rehabilitation programme and that he has to give 80% of his income to the family in order to support the victim and her family.
 
This was the first rape case where, in following a restorative justice approach, exceptional conditions were imposed to address the interests of the victim who wants to proceed with her studies. The State appealed against the sentence.
 
Dr Beatri Kruger, lecturer in our Department of Criminal and Medical Law, who prescribed this case for the students, said, ‘The law students were indeed privileged to attend this auspicious and enriching occasion, which provided them with an insightful experience of how the law works in practice.’

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