Access to Justice for Persons with Disabilities

Challenges and Barriers to the Implementation of the Persons with Disabilities Act of 2010 in Tanzania

Abstract

It is indisputable that persons withdi sabilities (PWDs) are still facing several challenges, including discrimination and the denial of their rights. In 2006 the United Nations adopted the Convention on the Rights of Persons with Disabilities to address these challenges. The right to access to justice in the context of disability is specifically addressed under articles 12 and 13 of the Convention as well as the Constitution of the United Republic of Tanzania. Tanzania ratified the Convention in 2009 and domesticated it a year later through the enactment of the Persons with Disabilities Act of 2010. Despite this legislative development, PWDs in Tanzania still face barriers including inaccessibility of information and communication and inappropriate access to physical environments such as courtrooms, buildings, counsel tables, and public service offices. This paper describes challenges in the practical implementation of Tanzania’s disability law, arguing that some of these challenges arise because magistrates, judges, lawyers and advocates lack a background in disability law. The authors conclude that there is need to include disability law and human rights frameworks as compulsory courses at universities in Tanzania, as a means of strengthening practical implementations of the law in future.