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UFS International Conference on Disability Rights advances inclusion and equality

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

“To forgive is not an obligation. It’s a choice.” – Prof Minow during Reconciliation Lecture

2014-03-05

“To forgive is not an obligation. It’s a choice.” – Prof Minow during the Third Annual Reconciliation Lecture entitled Forgiveness, Law and Justice.
Photo: Johan Roux

No one could have anticipated the atmosphere in which Prof Martha Minow would visit the Bloemfontein Campus. And no one could have predicted how apt the timing of her message would be. As this formidable Dean of Harvard University’s Law School stepped behind the podium, a latent tension edged through the crowded audience.

“The issue of getting along after conflict is urgent.”

With these few words, Prof Minow exposed the essence of not only her lecture, but also the central concern of the entire university community.

As an expert on issues surrounding racial justice, Prof Minow has worked across the globe in post-conflict societies. How can we prevent atrocities from happening? she asked. Her answer was an honest, “I don’t know.” What she is certain of, on the other hand, is that the usual practice of either silence or retribution does not work. “I think that silence produces rage – understandably – and retribution produces the cycle of violence. Rather than ignoring what happens, rather than retribution, it would be good to reach for something more.” This is where reconciliation comes in.

Prof Minow put forward the idea that forgiveness should accompany reconciliation efforts. She defined forgiveness as a conscious, deliberate decision to forego rightful grounds of resentment towards those who have committed a wrong. “To forgive then, in this definition, is not an obligation. It’s a choice. And it’s held by the one who was harmed,” she explained.

Letting go of resentment cannot be forced – not even by the law. What the law can do, though, is either to encourage or discourage forgiveness. Prof Minow showed how the law can construct adversarial processes that render forgiveness less likely, when indeed its intention was the opposite. “Or, law can give people chances to meet together in spaces where they may apologise and they may forgive,” she continued. This point introduced some surprising revelations about our Truth and Reconciliation Commission (TRC).

Indeed, studies do report ambivalence, disappointment and mixed views about the TRC. Whatever our views are on its success, Prof Minow reported that people across the world wonder how South African did it. “It may not work entirely inside the country; outside the country it’s had a huge effect. It’s a touchstone for transitional justice.”

The TRC “seems to have coincided with, and maybe contributed to, the relatively peaceful political transition to democracy that is, frankly, an absolute miracle.” What came as a surprise to many is this: the fact that the TRC has affected transitional justice efforts in forty jurisdictions, including Rwanda, Sierra Leone, Cambodia and Liberia. It has even inspired the creation of a TRC in Greensborough, North Carolina, in the United States.

There are no blueprints for solving conflict, though. “But the possibility of something other than criminal trials, something other than war, something other than silence – that’s why the TRC, I think, has been such an exemplar to the world,” she commended.

Court decision cannot rebuild a society, though. Only individuals can forgive. Only individuals can start with purposeful, daily decisions to forgive and forge a common future. Forgiveness is rather like kindness, she suggested. It’s a resource without limits. It’s not scarce like water or money. It’s within our reach. But if it’s forced, it’s not forgiveness.

“It is good,” Prof Minow warned, “to be cautious about the use of law to deliberately shape or manipulate the feelings of any individual. But it is no less important to admit that law does affect human beings, not just in its results, but in its process.” And then we must take responsibility for how we use that law.

“A government can judge, but only people can forgive.” As Prof Minow’s words lingered, the air suddenly seemed a bit more buoyant.

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