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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

Twenty years of the constitution of South Africa – cause for celebration and reflection

2016-05-11

Description: Judge Azar Cachalia Tags: Judge Azar Cachalia

Judge Azar Cachalia

The University of the Free State’s Centre for Human Rights and the Faculty of Law held the celebration of the twentieth anniversary of the adoption of the South African Constitution on 11 May 2016 on the Bloemfontein Campus. Students and faculty members celebrated and reflected on not only the achievements of the constitution but also on perspectives regarding its relevance in modern society, and to what extent it has upheld the human rights of all citizens of South Africa.

The panel discussion started with a presentation on the pre-1996 perspective by Judge Azar Cachalia of the Supreme Court of Appeal. Judge Cachalia reflected on his role in the realisation and upholding of the constitution, from his days as a student activist, then as an attorney representing detainees during political turmoil, and currently as a judge: “My role as an attorney was to defend people arrested for public violence. My role as a judge today is to uphold the constitution.” He stressed the importance of the constitution today, and the responsibility institutions such as the police service have in upholding human rights. Judge Cachalia played a significant role in drafting the new Police Act around 1990, an Act which was to ensure that the offences perpetrated by the police during apartheid did not continue in the current democratic era. Further, he pointed out that societal turmoil has the potential to make society forget about the hard work that was put into structures upholding human rights. “Constitutions are drafted in moments of calm. It is a living document, and we hope it is not torn up when we go through social conflict, such as we are experiencing at present.”

Thobeka Dywili, a Law student at the UFS, presented her views from the new generation’s perspective. She relayed her experience as a student teaching human rights at schools in disadvantaged communities. She realised that, although the youth are quite aware of their basic human rights, after so many years of democracy, “women and children are still seen as previously disadvantaged when they should be equal”. She pointed out that, with the changing times, the constitution needs to be looked at with a new set of eyes, suggesting more robust youth engagement on topics that affect them, using technology to facilitate discussions. She said with the help of social media, it is possible for a simple discussion to become a revolution; #feesmustfall was a case in point.

Critical perspectives on the constitution were presented by Tsepo Madlingozi of University of Pretoria and University of London. In his view, the constitution has not affected policy to the extent that it should, with great disparities in our society and glaring issues, such as lack of housing for the majority of the poor. “Celebration of the constitution should be muted, as the constitution is based on a decolonisation approach, and does not directly address the needs of the poor. The Constitutional Court is not pro-poor.” He posed the question of whether twenty years on, the present government has crafted a new society successfully. “We have moved from apartheid to neo-apartheid, as black elites assimilate into the white world, and the two worlds that exist have not been able to stand together as a reflection of what the constitution stands for.”

Prof Caroline Nicholson, Dean of the Faculty of Law, encouraged more open discussions, saying such dialogues are exactly what was intended by the Centre for Human Rights. She emphasised the importance of exchanging ideas, of allowing people to speak freely, and of sharing perspectives on important issues such as the constitution and human rights.

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