CRAFTING A FUTURE OF EQUALITY AND INCLUSIVITY: CONSULTATION ON DISABILITY RIGHTS BILL

By Cuma Pantshwa

• A recent consultation in Gauteng on the Promotion of Equality and Protection Against Discrimination of Persons with Disabilities Bill allowed all role players to offer their input on it.
• The Bill is laying the groundwork for advancing the rights of persons with disabilities.
• The consultation process marked a significant step in ensuring every person with a disability has equal access to rights, opportunities, and services.

Legislation protecting against discrimination must be shaped by the voices of those it seeks to protect. This was the core message at the recent consultation on the Promotion of Equality and Protection Against Discrimination of Persons with Disabilities Bill, held in Gauteng.

As South Africa approaches Human Rights Day on 21 March, this engagement reinforced the urgency of ensuring justice, equality, and dignity for persons with disabilities.

The consultation brought together a united force – government officials, disability service organisations (NGOs), policymakers, advocates, and parents – working collectively to shape a Bill that will uphold the dignity, equality, and full inclusion of persons with disabilities.

Parents were recognised as key advocates who play a crucial role in backing children with disabilities.

“Parents are important. They are carrying the weight of ensuring their children are supported, and we must stand beside them,” said the Director: Services to People with Disabilities at the Department of Social Development Manthipi Molamu.

“It is not just the government’s responsibility, society as a whole must support the parents of children with disabilities,” she emphasised.

Opening the session, Molamu set the tone for the consultation, stressing the critical purpose and impact of the engagements as she outlined the main objectives.

“Today, we commemorate a crucial milestone as we recognise the importance of the draft Bill concerning The Promotion of Equality and Protection Against Discrimination of Persons with Disabilities, crafted by the Department of Women and the South African Law Reform Commission.

“This draft legislation plays a vital role in advancing the rights of persons with disabilities and underscores the need for robust legal frameworks that ensure equality and prevent discrimination.”

Molamu noted that collaborating with NGOs and parents helps build consensus among various stakeholders on key issues related to equality and anti-discrimination and echoed the words of the deputy minister who reinforced the need for legal and policy frameworks that are fully inclusive.

Deputy Minister Ganief Hendricks’ message to the participants at the start of the consultation was: “For too long, individuals with disabilities have faced systemic barriers to education, employment, healthcare, and full participation in society.

“This consultation marks a significant step in our ongoing commitment to dismantling these barriers, eliminating discrimination, and ensuring that every person with a disability, regardless of type, severity, or circumstance, has equal access to rights, opportunities, and services.”

Participants raised various concerns. One example was a parent of an autistic child who asked that the legal definition of a “child” be extended beyond 18. Others brought issues of strengthening legal protection for people with disabilities, while other concerns were around improving accessibility in schools and public spaces.

A young woman from the National Albinism Task Force Organisation highlighted a recent case where a learner with albinism was turned away from school for having blonde braids.

“How can a child with blonde hair be expected to use black or brown braids? This has damaged her confidence. Schools must revise policies to accommodate all children, regardless of disability or cultural identity,” she asserted.

Deliberations by parents also addressed gaps in education policies.

They were urged to also engage with the Department of Basic Education on these policies. “Do not wait for others to shape policies that affect your children. Engage now and ensure their needs are reflected,” urged a participant.

“People out there must realise that children with disabilities are children first, and they are part of our community, they’re a part of us. Legislation must recognise their needs and rights, because they all have rights, just like any one of us,” said Molamu.

A historic step toward inclusive legislation

Another NGO leader remarked that this was a proud moment for her, and she will boast about it to her grandchildren as she is part of making history. For her, this was more than just a discussion, it was a historic milestone in shaping a Bill that will define disability rights in South Africa for generations to come.

Molamu reaffirmed this in her closing remarks and assured attendees that their voices would not be ignored.

A formal report will be submitted to the Department of Women, Youth, and Persons with Disabilities and all participants would also receive a refined version of the report to ensure transparency, Molamu said.

She confirmed that the consultation serves as a first step toward developing a National Strategy for Parents of Children with Disabilities.

“You can hold us accountable. Your voices have been heard, and we will take heed of your inputs.

“Our promise is to ensure this Bill reflects your realities and aspirations.”

This is not just a promise; it is a commitment to creating a society where persons with disabilities are not only protected but empowered to thrive.