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The Right to Equal Opportunity - The Law

Domestic Law, international and regional framework

Domestic Law

The South African Constitution specifically enshrines no discrimination for persons with disabilities under Article 9(3)

  • The Employment Equity Act (55 of 1998). The Technical Assistance Guidelines on the Employment of People with disabilities: non-discrimination and affirmative action measures and provides guidelines on how to implement it.
  • Preferential Procurement Policy Framework Act (5 of 2000). The state organ must include a preferential procurement policy that may include contracting with people, or categories of people, historically disadvantaged by unfair discrimination on the basis of race, gender or disability. No data was available on the implementation of this Act.
  • South African Schools Act (84 of 1996) provides for the inclusion of learners with special educational needs.
  • The Promotion of Equality and Prevention of Unfair Discrimination Act 2000 (PEPUDA) states that neither the state nor any person may unfairly discriminate against any person on the ground of disability.
  • National Development Plan (of the National Planning Commission)

International and Regional Framework

  • UN Convention on the Rights of Persons with Disabilities (UNCRPD)
  • UN Convention on the Rights of the Child
  • International Labour Organization Vocational Rehabilitation and Employment (Disabled Persons) Convention (No 159)
  • Declaration on the Rights of Disabled Persons (1975)
  • Declaration on the Rights of Deaf-Blind Persons (1979)
  • Declaration on the Rights of Mentally Retarded Persons (1971)
  • Community-based rehabilitation guidelines (of the World Health Organisation)
  • Standard Rules on the Equalisation of Opportunities for Persons with Disabilities
  • African Charter on the Rights and Welfare of the Child
  • African Charter on Human and People Rights World Programme on Disability