Legislative Measures for Effective Implementation of CRPD-in Ethiopia: A Critical Assessment
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Date
2012-12
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Addis Ababa University
Abstract
It is self-evident that Persons with disabilities remain amongst the most marginalized in evelY
society. Regardless of a countlY 's hlllllan rights or econolllic situation, they are generally the last
in line to have their hUlllan rights respected.
WHO / World Bank World report on disability of 2011 estimates that over one billion persons lIIeaning
approximately 15 per cent of the world's total population - suffer Fom sOllie type of
disability. Over two thirds of them live in developing cOllntries. Not being an exception to this
fact, significant number o.f persons with disabilities found in Ethiopia.
Since other international hllman rights instruments have not protected adequately the rights o{
persons with disabilities there was a need to have a specific convention tailoredfor persons with
disabilities. The principal arguments for a disability-specific convention are to make it visible,
specific, effective, and comprehensive and to assure equality.
Models of disability provide a perspective on the rationale for the policies and programs
developed for, lVith, and by people with disabilities. Similar to other international hllman rights
instruments, article 4 o.f the CRPD makes specific reference to the obligation of States parties to
adopt legislative measures as a matter of general obligation.
Taking legislative measures is one of the most significant forward steps for the realization of
rights of persons with disability. Among these adopting legislative measures abolishing any laws
which are directly in conflict with the rights of persons wilh disabililies is Ihe prior measure.
1n this regard this research finds Ihat Elhiopia has various laws (civil code, criminal code,
labour law, and charity proclamation, laws on accessibility of education, health, buildings,
transport, justice and mass media and information technology) that need to be repealed since
Ihese laws are incompalible wilh the CRPD.
Like other anlidiscrimination laws failure to provide reasonable accommodalion amounls 10
discrimination. Pro vision of reasonable accommodation is not a special favor to persons wilh
disabilities rather it is a means to give an equal opportunity so that Ihey can exercise Iheir
righls.
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Keywords
CRPD-in Ethiopia, critical assessment