The protection of the rights of people with disabilities in the South African workplace: a critical analysis
- Xokozela, Nwabisa https://orcid.org/0000-0002-6943-219X
- Authors: Xokozela, Nwabisa https://orcid.org/0000-0002-6943-219X
- Date: 2022-11
- Subjects: People with disabilities -- Legal status, laws, etc. , Human rights -- South Africa , People with disabilities -- Government policy
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28444 , vital:74332
- Description: In the past, persons with disabilities were marginalised and suffered many disadvantages because of oppression. As a result, that had become an obstacle for them to enjoy their basic rights such as social, political and economic rights. Judging from the inequalities in the workplace, disability appears to be the main challenge hindering the progress of achieving equal prospects and fair treatment in many countries, including South Africa, especially in the workplace. That has resulted in most persons with disabilities living in poverty or rather depending on social support from the government in order to survive, due to employment discrimination. Policies, transformative programmes and employment laws have been promulgated to address employment discrimination. Some of the promulgated transformative programmes were developed to enforce section 9 of the Constitution. However, persons with disabilities are still faced with challenges of discriminatory practices in the workplace even today. This study is impelled by how ineffective these employment laws are, especially when safeguarding of persons with disabilities is concerned. Apart from the ineffectiveness of the current labour legislation in protecting the rights of persons with disabilities, the study aims at identifying how equality rights can be used by disability movements in order to influence policy development and implementation to advance access to work for persons with disabilities, and to further provide them with reasonable accommodation to be able to thrive within the workplace. Also, deriving some guidance from the international perspective of governing disability rights is of paramount importance in achieving equality within the working environment. It is thus extremely important to adopt compelling speedy actions to promote equal rights in the context of disability by bringing proportional aspects of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) into action. That can be achieved if the policies and legislation created can be interpreted in a manner that is equal and effective, and that promotes implementation more than theory. Therefore, dealing with discrimination against persons with disabilities signifies an essential aspect in defeating the elevated inequality in the apartheid era, which disempowers the recognised constitutional democracy. , Thesis (LLM) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-11
- Authors: Xokozela, Nwabisa https://orcid.org/0000-0002-6943-219X
- Date: 2022-11
- Subjects: People with disabilities -- Legal status, laws, etc. , Human rights -- South Africa , People with disabilities -- Government policy
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28444 , vital:74332
- Description: In the past, persons with disabilities were marginalised and suffered many disadvantages because of oppression. As a result, that had become an obstacle for them to enjoy their basic rights such as social, political and economic rights. Judging from the inequalities in the workplace, disability appears to be the main challenge hindering the progress of achieving equal prospects and fair treatment in many countries, including South Africa, especially in the workplace. That has resulted in most persons with disabilities living in poverty or rather depending on social support from the government in order to survive, due to employment discrimination. Policies, transformative programmes and employment laws have been promulgated to address employment discrimination. Some of the promulgated transformative programmes were developed to enforce section 9 of the Constitution. However, persons with disabilities are still faced with challenges of discriminatory practices in the workplace even today. This study is impelled by how ineffective these employment laws are, especially when safeguarding of persons with disabilities is concerned. Apart from the ineffectiveness of the current labour legislation in protecting the rights of persons with disabilities, the study aims at identifying how equality rights can be used by disability movements in order to influence policy development and implementation to advance access to work for persons with disabilities, and to further provide them with reasonable accommodation to be able to thrive within the workplace. Also, deriving some guidance from the international perspective of governing disability rights is of paramount importance in achieving equality within the working environment. It is thus extremely important to adopt compelling speedy actions to promote equal rights in the context of disability by bringing proportional aspects of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) into action. That can be achieved if the policies and legislation created can be interpreted in a manner that is equal and effective, and that promotes implementation more than theory. Therefore, dealing with discrimination against persons with disabilities signifies an essential aspect in defeating the elevated inequality in the apartheid era, which disempowers the recognised constitutional democracy. , Thesis (LLM) -- Faculty of Law, 2022
- Full Text:
- Date Issued: 2022-11
Evaluating the effect of the disability policy on the public and the workers, the case of the Eastern Cape Provincial Legislature during 2007-2008
- Authors: Mbutuma, Pumza
- Date: 2009
- Subjects: People with disabilities -- Legal status, laws, etc. -- South Africa -- Eastern Cape , People with disabilities -- South Africa -- Eastern Cape , People with disabilities -- Government policy , People with disabilities -- Rehabilitation -- South Africa
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:11629 , http://hdl.handle.net/10353/d1001237 , People with disabilities -- Legal status, laws, etc. -- South Africa -- Eastern Cape , People with disabilities -- South Africa -- Eastern Cape , People with disabilities -- Government policy , People with disabilities -- Rehabilitation -- South Africa
- Description: The evaluation of the implementation of disability policies is a result of the low rate of public participation in the Eastern Cape Provincial Legislature’s programs as well as the low number of disabled persons who are employed. Institutions like Parliaments and Legislatures are law making institutions, some of their tasks in to attract comments, suggestions and ideas from all interested parties to participate in the law making process. They also have a responsibility to conduct vigorous oversight over the provincial government departments; this includes issues like compliance with the relevant policies and regulations. The data was collect from three different groupings namely the staff of ECPL, the members of provincial legislature as well as the general public which includes disabled persons. It was clear from the findings that the management and the MPL, who are decision makers of the institution, have a very shallow knowledge of the disability policies and regulations. There is a disability strategy which was made for all the legislatures and National Parliament; however the strategy has not been implemented in ECPL. The institution has to create a special programs unit that will promote equality in line with the Bill of Rights which enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. The recommendations that were made included education and awareness programs and compliance with regulations like the Employment Equity Act that seeks to unsure that the employment equity targets are met.
- Full Text:
- Date Issued: 2009
- Authors: Mbutuma, Pumza
- Date: 2009
- Subjects: People with disabilities -- Legal status, laws, etc. -- South Africa -- Eastern Cape , People with disabilities -- South Africa -- Eastern Cape , People with disabilities -- Government policy , People with disabilities -- Rehabilitation -- South Africa
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:11629 , http://hdl.handle.net/10353/d1001237 , People with disabilities -- Legal status, laws, etc. -- South Africa -- Eastern Cape , People with disabilities -- South Africa -- Eastern Cape , People with disabilities -- Government policy , People with disabilities -- Rehabilitation -- South Africa
- Description: The evaluation of the implementation of disability policies is a result of the low rate of public participation in the Eastern Cape Provincial Legislature’s programs as well as the low number of disabled persons who are employed. Institutions like Parliaments and Legislatures are law making institutions, some of their tasks in to attract comments, suggestions and ideas from all interested parties to participate in the law making process. They also have a responsibility to conduct vigorous oversight over the provincial government departments; this includes issues like compliance with the relevant policies and regulations. The data was collect from three different groupings namely the staff of ECPL, the members of provincial legislature as well as the general public which includes disabled persons. It was clear from the findings that the management and the MPL, who are decision makers of the institution, have a very shallow knowledge of the disability policies and regulations. There is a disability strategy which was made for all the legislatures and National Parliament; however the strategy has not been implemented in ECPL. The institution has to create a special programs unit that will promote equality in line with the Bill of Rights which enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. The recommendations that were made included education and awareness programs and compliance with regulations like the Employment Equity Act that seeks to unsure that the employment equity targets are met.
- Full Text:
- Date Issued: 2009
- «
- ‹
- 1
- ›
- »