South AfricaSouth AfricaUN Convention of the Rights UN Convention of the Rights of People with Disabilities:of People with Disabilities:

Signed and ratified:Signed and ratified:

December 2007December 2007

Section 9 (3) of the Constitution Section 9 (3) of the Constitution provides that:provides that:

““The state may not unfairly The state may not unfairly discriminate directly or indirectly discriminate directly or indirectly against anyone on one or more against anyone on one or more grounds, including race, gender, grounds, including race, gender, sex, pregnancy, marital status, sex, pregnancy, marital status, ethnic or social origin, colour, ethnic or social origin, colour, sexual orientation, age, disability, sexual orientation, age, disability, religion, conscience, belief, religion, conscience, belief, culture, language and birth.”culture, language and birth.”

EEA – recognizing diversityEEA – recognizing diversity

The Employment Equity Act is the principal The Employment Equity Act is the principal legislation for protecting and promoting legislation for protecting and promoting constitutional values in the workplace. (Act constitutional values in the workplace. (Act 55 of 1998).55 of 1998).

Section 15 (2) (c) requires Section 15 (2) (c) requires ““affirmative action measures affirmative action measures implemented by a designated implemented by a designated employer to include reasonable employer to include reasonable accommodation for people with accommodation for people with disabilities.”disabilities.”

The Promotion of Equality and The Promotion of Equality and Prevention of Unfair Prevention of Unfair

Discrimination (PEPUDA)Discrimination (PEPUDA) Section 9 of PEPUDA provides that:Section 9 of PEPUDA provides that: “subject to “subject to

section 6section 6[1][1], no person may unfairly discriminate , no person may unfairly discriminate against any person on the ground of disability, against any person on the ground of disability, includingincluding

denying or removing from any person who has a denying or removing from any person who has a disability any supporting or enabling facility disability any supporting or enabling facility necessary for their functioning in society;necessary for their functioning in society;

contravening the code of good practice or contravening the code of good practice or regulations of the South African Bureau of Standards regulations of the South African Bureau of Standards that govern environmental accessibility;that govern environmental accessibility;

Failing to eliminate obstacles that unfairly limit or Failing to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably opportunities or failing to take steps to reasonably accommodate the needs of such persons.”accommodate the needs of such persons.”

[1][1] Section 6 of PEPUDA states: ‘Neither the State nor any Section 6 of PEPUDA states: ‘Neither the State nor any person may unfairly discriminate against any person.’person may unfairly discriminate against any person.’

The Labour Relations Act (LRA)The Labour Relations Act (LRA)Act 66 1995Act 66 1995

The LRA explicitly mentions and The LRA explicitly mentions and protects the rights of persons with protects the rights of persons with disabilities in the workplace.disabilities in the workplace.

The Social Assistance Act (SAA)The Social Assistance Act (SAA)Act 59 1992Act 59 1992

provides for the payment of social provides for the payment of social grants to people who are unable to grants to people who are unable to care for themselves without such care for themselves without such assistance.assistance.

The South African Schools Act The South African Schools Act (SASA)(SASA)

provides for the inclusive education provides for the inclusive education of children with disabilitiesof children with disabilities

Promotion of Access to Promotion of Access to Information Act (PAIA)Information Act (PAIA)

Act 2 2000Act 2 2000 The right of access to information in The right of access to information in

state hands is unqualified.state hands is unqualified.

Promotion of Administrative Promotion of Administrative Justice Act (PAJA)Justice Act (PAJA)

Act 3 2000Act 3 2000

Section 33 provides thatSection 33 provides that “everyone “everyone has the right to administrative has the right to administrative action that is lawful, reasonable action that is lawful, reasonable and procedurally fair and that and procedurally fair and that everyone whose rights have been everyone whose rights have been adversely affected by adversely affected by administration action has the right administration action has the right to be given written reasons.”to be given written reasons.”

Department of Labour Employment Department of Labour Employment Equity Act 55 of 1998:Equity Act 55 of 1998:

Code of Good Practice: Code of Good Practice: preparation, implementation and preparation, implementation and monitoring of Employment Equity monitoring of Employment Equity

plans. 1999.plans. 1999. The aim of the Code is to guide employers The aim of the Code is to guide employers

and employees on key aspects of promoting and employees on key aspects of promoting equal opportunities and fair treatment for equal opportunities and fair treatment for people with disabilities as required by the people with disabilities as required by the Employment Equity Act (EEA).Employment Equity Act (EEA).

White Paper on the Integrated White Paper on the Integrated National Disability Strategy National Disability Strategy

(1997)(1997) objectives of the INDS is to facilitate the objectives of the INDS is to facilitate the

integration of disability issues into government integration of disability issues into government and developmental strategies, to develop an and developmental strategies, to develop an integrated management system for the integrated management system for the coordination of disability planning, to develop coordination of disability planning, to develop capacity building strategies that would enhance capacity building strategies that would enhance government’s abilities and to develop government’s abilities and to develop programmes for public education and awareness.programmes for public education and awareness.

human rights approach to disability.human rights approach to disability.

Regulations for Electronic Regulations for Electronic Communications Broadcasting Communications Broadcasting and Postal Sectors to meet the and Postal Sectors to meet the needs of Persons with needs of Persons with Disabilities.Disabilities.

White Paper 6 on National White Paper 6 on National Transport Policy – promotes Transport Policy – promotes accessibility and accommodationaccessibility and accommodation