Abstract

ADDANEY, Michael; UMEH, Ngozi Chuma  and  MOYO, Chantelle Gloria. Legal capacity of and access to justice for refugees with disabilities in Africa. De Jure (Pretoria) [online]. 2019, vol.52, n.1, pp.335-357. ISSN 2225-7160.  http://dx.doi.org/10.17159/2225-7160/2019/v52a18.

Although the UN Convention on the Rights of Persons with Disabilities (CRPD) has rendered persons with disabilities more visible, their struggles are still often overlooked. One of the contexts within which this occurs is during forced migration. This is because specific barriers that Persons with Disabilities face in accessing protection and assistance when seeking asylum are yet to be recognised under international and domestic law. Therefore, through a critical and comparative approach, this paper examines the normative content of article 12 (equal recognition before the law) and article 13 (access to justice) of the CPRD to ascertain how these provisions have influenced domestic refugee laws, policies and practices in Ghana and Uganda. Furthermore, this paper considers how refugees with disabilities in these countries are recognised before the law, as well as their ability to access justice within the refugee status determination and resettlement processes. Finally, this paper contends for reforms in the substantive and procedural refugee laws and policies in these countries in a bid to guarantee access to justice for refugees with disabilities.

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