Abstract

BALOLE, Christian Via; CENTWALI, Guillain Cirhuza  and  BIRINDWA, Pacifique Cirhuza. The right to education of persons with disabilities: an analysis in the light of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa. AHRY [online]. 2024, vol.8, pp.458-480. ISSN 2663-323X.  https://doi.org/10.29053/2523-1367/2024/v8a17.

On 3 May 2024, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa entered into force, marking a significant milestone in the legal protection of persons with disabilities on the continent. This historic development underscores the commitment of African states to safeguarding the rights of persons with disabilities and represents a major advancement in the region's human rights landscape. This article critically examines the legal framework established by the Protocol to guarantee the right to education for persons with disabilities. It begins with an analysis of the right to education for persons with disabilities in Africa, highlighting its limitations and gaps within the broader context of international human rights law. The article further explores the nature and scope of states' obligations under this right, emphasizing the necessity of adopting a more expansive approach to their positive obligations. Building on these analyses, the article argues for extending states' special positive obligations, fostering collaboration between state and private actors, and promoting interpretative and judicial activism by the African Commission on Human and Peoples' Rights, the African Court on Human and Peoples' Rights, and domestic courts. These measures are essential to ensuring the concrete and effective realization of the right to education for persons with disabilities in Africa.

Keywords : personnes handicapées; Protocole; droit à l'éducation; éducation inclusive; obligations positives spéciales; activisme interprétatif et judiciaire.

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