Entrenching Disability Rights in Laws, Policies and Institutional Processes under the New Constitution

Kenya has a unique opportunity to make new laws and policies that fully conform to the United Nations Convention on the Rights of People with Disabilities. This follows the enactment of the New Constitution that domesticates provisions of international legal instruments that Kenya has signed and ratified. This brings to reality the paradigm shift in attitudes and approaches that is introduced by the UNCRPD.

The immediate gains will include equal recognition before the law of all persons with disabilities; including those with intellectual and mental disabilities. The recognition and implementation of full legal capacity of all persons with disabilities in the legal, administrative and judicial process will realise a new dawn to the lives of persons with all disabilities.

In the past, only people with sensory and physical disabilities were recognised and catered for in domestic legislation while those with intellectual and mental disabilities were left to charity. Our approach under the UNCRPD, promotes recognition of people with all disabilities, that include and is not limited to, people with intellectual, mental, sensory, physical and psycho-social disabilities.

To introduce and build capacity of policy makers in all the different government ministries to enable them make laws and policies that conform to the provisions of the UNCRPD, KSMH is undertaking an intensive training and technical support in the areas here below:

1.    Full and equal access to the electoral process by all persons with disabilities
2.    Access and participation of all persons with disabilities in the legal, administrative and judicial processes
3.    Participation in the devolved governments implementation and governance
4.    The transition of the mental health sector from medical to human rights model of disabilities
5.    Realising inclusive quality education that is accessible by all including those with disabilities
6.    Accountable and empowering social protection programmes
7.    Empowerment of the disability sector to eliminate corruption and realise equal participation
8.    Institutional procedures that provide individuals disability specific supports
9.    And any other aspect of governance