African Union
African Charter on Human and Peoples’ Rights
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa
- Published
- Commenced
- [This is the version of this document at 29 January 2018.]
Article 1 – Definitions
For the purpose of the present Protocol:"African Charter" means the African Charter on Human and Peoples’ Rights adopted by the Heads of States and Government of the Organization of African Unity (OAU) in Banjul, Gambia, in June, 1981;"African Commission" means the African Commission on Human and Peoples’ Rights established by the African Charter on Human and Peoples’ Rights adopted by the Heads of States and Government of the Organization of African Unity (OAU) in Banjul, Gambia, in June, 2000;"African Court" means the African Court on Human and Peoples’ Rights or any successor court including the African Court of Justice and Human Rights established by the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples’ Rights adopted by the Heads of States and Government of the Organization of African Unity (OAU) in Ouagadougou, Burkina Faso, in June 1998;"Assembly" means the Assembly of Heads of State and Government of the African Union."AU" or "Union" means the African Union established by the Constitutive Act of the African Union adopted by the Heads of States and Government of the Organization of African Unity (OAU) in Lome, Togo, in July, 2000;"Commission" means the Commission of the African Union;"Deaf culture" means the way deaf people interact, it includes a set of social beliefs, behaviours, art, literary traditions, history, values, and shared institutions of communities that are influenced by deafness and which use sign languages as the main means of communication."Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human and people’s rights in the political, economic, social, cultural, civil or any other field. Discrimination on the basis of disability shall include denial of reasonable accommodation;"Habilitation" means inpatient or outpatient health care services such as physical therapy, occupational therapy, speech-language pathology, audiology that address the competencies and abilities needed for optimal functioning to in interaction with their environments: enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social, and vocational ability, full inclusion and participation in all aspects of life;"Harmful practices" include behaviour, attitudes and practices based on tradition, culture, religion, superstition or other reasons, which negatively affect the human rights and fundamental freedoms of persons with disabilities or perpetuate discrimination;"Legal capacity" means the ability to hold rights and duties and to exercise those rights and duties;"Persons with disabilities" include those who have physical, mental, psycho-social, intellectual, neurological, developmental or other sensory impairments which in interaction with environmental, attitudinal or other barriers hinder their full and effective participation in society on an equal basis with others;"Protocol" means the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa;"Reasonable accommodation" means necessary and appropriate modifications and adjustments where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human and people’s rights;"Rehabilitation" means inpatient or outpatient health care services such as physical therapy, occupational therapy, speech-language pathology and psychiatric rehabilitation services that help a person keep, restore or improve skills and functioning for daily living and skills related to communication that have been lost or impaired because a person was sick, injured or disabled."Ritual killings" means the killing of persons motivated by cultural, religious or superstitious beliefs that the use of a body or a body part has medicinal value, possesses supernatural powers and brings good luck, prosperity and protection to the killer."Situations of risks" means any situation that poses grave risk to the general population, including disasters and all forms of armed conflict"States Parties" mean any Member States of the African Union which have ratified or acceded to this Protocol and deposited the instruments of ratification or accession with the Chairperson of the African Union Commission;"Universal design" means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design, and shall not exclude assistive devices for particular groups of persons with disabilities where this is needed;"Youth" means every person between the ages of 15 and 35 years.Article 2 – Purpose
The purpose of this Protocol is to promote, protect and ensure the full and equal enjoyment of all human and people’s rights by all persons with disabilities, and to ensure respect for their inherent dignity.Article 3 – General principles
This Protocol shall be interpreted and applied in accordance with the following general principles:Article 4 – General obligations
States Parties shall take appropriate and effective measures, including policy, legislative, administrative, institutional and budgetary steps, to ensure, respect, promote, protect and fulfil the rights and dignity of persons with disabilities, without discrimination on the basis of disability, including by:Article 5 – Non-discrimination
Article 6 – Right to equality
Article 7 – Equal recognition before the law
Article 8 – Right to life
Article 9 – Right to liberty and security of person
Article 10 – Freedom from torture or cruel, inhuman or degrading treatment or punishment
Article 11 – Harmful practices
Article 12 – Situations of risk
States Parties shall:Article 13 – Right to access justice
Article 14 – Right to live in the community
Article 15 – Accessibility
Article 16 – Right to education
Article 17 – Right to health
Article 18 – Habilitation and rehabilitation
States Parties shall take effective and appropriate measures, including peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life, including by:Article 19 – Right to work
Article 20 – Right to adequate standard of living
Article 21 – Right to participate in political and public life
Article 22 – Self-representation
States Parties shall recognise and facilitate the right of persons with disabilities to represent themselves in all spheres of life, including by promoting an environment that enables persons with disabilities to:Article 23 – Right to freedom of expression and opinion
Article 24 – Access to information
Article 25 – Right to participate in sports, recreation and culture
Article 26 – Right to family
Article 27 – Women and girls with disabilities
States Parties shall ensure that women and girls with disabilities have full enjoyment of human and people’s rights on an equal basis with other persons, including by ensuring that:Article 28 – Children with disabilities
Article 29 – Youth with disabilities
Article 30 – Older persons with disabilities
Article 31 – Duties of persons with disabilities
Article 32 – Statistics, data and other surveys
States Parties shall ensure the systematic collection, analysis, storage and dissemination of national statistics and data covering disability to facilitate the protection and promotion of the rights of persons with disabilities. Towards this end, States Parties shall:Article 33 – Cooperation
States Parties shall:Article 34 – Implementation
Article 35 – Popularization of the Protocol
States Parties shall take all appropriate measures to ensure the widest possible dissemination of this Protocol in accordance with the relevant provisions and procedures of their respective constitutions.Article 36 – Safeguard clause
Article 37 – Signature, ratification and accession
Article 38 – Entry into force
Article 39 – Reservations
Article 40 – Depository
This Protocol shall be deposited with the Chairperson of the African Union Commission, who shall transmit a certified true copy of the Protocol to the Government of each signatory State.Article 41 – Registration
The Chairperson of the Commission upon the entry into force of this Protocol shall register this Protocol with the United Nations Secretary General in conformity with Article 102 of the Protocol of the United Nations.Article 42 – Withdrawal
Article 43 – Amendment and revision
Article 44 – Authentic texts
This Protocol is drawn up in four (4) original texts, in Arabic, English, French and Portuguese languages, all four (4) texts being equally authentic.IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, has signed this Protocol.ADOPTED BY THE THIRTIETH ORDINARY SESSION OF THE ASSEMBLY, HELD IN ADDIS ABABA, ETHIOPIA ON 29 JANUARY 2018History of this document
29 January 2018 this version
Consolidation