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Periodical issue Periodical issue Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Special issue on disability
Editors:Ngwena, CharlesISNI
Albertyn, CatherineISNI
Year:2014
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:30
Issue:2
Pages:214-392
Language:English
City of publisher:Bloomington, IN
Publisher:Indiana University Press
Geographic term:South Africa
Subjects:people with disabilities
children
legislation
human rights
discrimination
External link:https://www.tandfonline.com/toc/rjhr20/30/2
Abstract:The inspiration for this special issue can be found in two significant developments which are historically parallel and complement each another in the sphere of equality jurisprudence. The first is the development of a jurisprudence of substantive and transformative equality under the South African Constitution by the Constitutional Court in the post-apartheid era. The hallmark of substantive equality has been its departure from formal equality and its embrace of inclusion, difference and diversity. Yet, although the Constitutional Court has had occasion to apply substantive equality to many protected groups, others, such as disabled people, still await their turn. This special issue fills this gap by providing a forum in which to tease out some of the equality issues that obtain in disability. The second inspiration comes from the adoption of the Convention on the Rights of Persons with Disabilities (CRPD) and its accomanying Optional Protocol in 2006. Contributions: Substantive equality and caregiver responses to discrimination against children with disabilities in Orange Farm (Rosalind Elphick, Jean Elphick & Zosa de sas Kropiwnicki); Global reasonable accommodation: how the Convention on the Rights of Persons with Disabilities changes the way we think about equality (Frédéric Megret & Dianah Msipa); Developing juridical method for overcoming status subordination in disablism: the place of transformative epistemologies (Charles Ngwena); Equal recognition and legal capacity for persons with disabilities: incorporating the principle of proportionality (Willene Holness); The feasibility and desirability of an African disability rights treaty: further norm-elaboration or firmer norm-implementation? (Frans Viljoen & Japhet Biegon). [ASC Leiden abstract].
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