Factors Affecting Access to Justice and Human Rights for Persons Living With Disabilities in Kenya

Abstract

The study contextualizes access to human rights and justice for PWDs in Kenya and in particular Nairobi County. The study proceeds on grounds that access to justice and human rights is a broad concept. The study further appreciates that accessing to human rights and justice for PWDs is not a one-step affair but rather it encompasses procedures, administration of justice, information and how efficient people access the systems. The study notes that on the subject of accessing human rights, that PWDs generally have repeatedly been denied equal treatment and fair access to prison systems, courts, law enforcement officials, tribunals and the general justice systems. The study notes fundamentally that governments are accountable for making sure realization of people’s human rights as the first duty bearers. In that regard, the study notes that the governments have a responsibility to make sure they have structured legal and political systems in place that advocate for human rights through policies, laws and programs for effective operation. That way, the study appreciates that duty of the government in ensuring acknowledgment of justice and accession of human rights for PWDs requires input from various stakeholders and as such, it is not only realized through a convergence of government systems. As a global concern, the issue of accessing human rights and justice for PWDs is more critical particularly in most developing countries. In Kenya, the Constitution of Kenya, 2010 guarantees enjoyments of the rights of PWDs. The study notes that is major step but as the case may be, the study acknowledges that the realization of the rights of PWDs to is a progressive step that requires state implementation on a sustainable basis. The study concludes that most of the human rights-based approaches to the challenges facing the disabled are mainly outdated comprehensions of disability those applied in Kenya not being an exception. As such, the study notes that this should not be the case, instead, the approach should be aimed at people empowerment including PWDs to be aware of their rights thus increase the capacity of responsibility of those institutions concerned for protecting and gratifying the rights. In the same fashion, the study concludes that strengthening of access to justice is relevant in all societies, not only in fragile but also in stable contexts for sustainability.