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The realisation of human rights for disabled people in higher education in Uganda: a critical analysis drawing on the UN Convention on the Rights of Persons with Disabilities.

Abstract

The UN Convention on the Rights of Persons with Disabilities (the CRPD) guarantees disabled people a right to education without discrimination and on the basis of equal opportunities. Uganda is a State Party to the CRPD. This research, examines the extent to which Uganda is realising a right to education for disabled people in higher education as per the UN human rights law obligations. To that effect, the research through an empirical study, analyses how the current Ugandan disability law implements the UN human rights law obligations in higher education, its effects on policy for disabled people and the effects of those policies on the lives of disabled people in higher education. This study reveals that, while Uganda has proliferation of disability legal provisions, their ideals have not yet being adequately translated to the reality of disabled people in the institutions of higher education. This is attributed to: the social-economic factors impinging on the realisation of education as a right, including factors hindering the realisation of disability rights in the country; limited enforcement of the disability legislation generally in the country, and in particular in higher education; and limited awareness about disability discrimination and in turn limited disability mainstreaming in higher education. As a result, institutions of higher education are generally challenged in providing equal opportunities for disabled people. Thus, there is limited inclusion of disabled people in higher education in Uganda. In light of that finding, this research recommends higher education sector to undertake strategic interventions that seek to effectively implement the disability legal framework and as well as enhancing non-legal mechanisms to bringing about equal opportunities for disabled people in higher education. These interventions include increasing disability awareness and disability mainstreaming in the institutions of higher education, government organs with statutory mandate over higher education and development partners directly supporting higher education. The study also recommends that another way to build the internal capacity of higher education institutions on disability inclusion is through undertaking emancipatory disability research with them as that has an empowering effect on the participants.

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