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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

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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