Rights and Protection

CLD calls on the government, it’s agencies and individuals to safeguard persons with learning disabilities and its related disorder. They must not be subject to inhuman treatment due to their disabilities. Their rights must be protected and respected.

Ghana is a signatory to various international commitment to protect the right of persons with any form of disability such as; the United Nations Convention on the Right of the Child (1990); the World Declaration on Education for All – Jomtien (1990); the Standard Rules on the Equalization of Opportunities of Persons With Disabilities (UN, 1993). The purpose of the present Convention on the Rights of Persons with Disabilities is to promote, protect and ensure the full an equal enjoyment of all human rights and fundamental freedoms.

Education Rights

1. Rights to Education & Lifelong Learning

States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to:

(a)
The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;
(b)
The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;
(c)
Enabling persons with disabilities to participate effectively in a free society.

2. Ensuring Inclusion & Accessibility

In realizing this right, States Parties shall ensure that:

(a)
Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability;
(b)
Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live;
(c)
Reasonable accommodation of the individual’s requirements is provided;
(d)
Persons with disabilities receive the support required, within the general education system, to facilitate their effective education;
(e)
Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.

3. Life and Social Development Skills

States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including:

(a)
Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;
(b)
Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community.

Equality and Non-discrimination

States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

Right to Life

States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.

Freedom from Torture

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.

States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

Living independently and being included in the community

States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:

(a)
Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
(b)
Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
(c)
Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.