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36 J.L. Pol'y & Globalization 62 (2015)
The Persons with Disability Act, 2006 (Act 715) of the Republic of Ghana: The Law, Omissions and Recommendations

handle is hein.journals/jawpglob36 and id is 73 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.36, 2015 iSh The Persons with Disability Act, 2006 (Act 715) of the Republic of Ghana: The Law, Omissions and Recommendations Lewis Abedi Asante * Alexander Sasu Department of Estate Management, Kumasi Polytechnic, Kumasi, Ghana *E-mail of the corresponding author: asanteal ttyahoo.com Abstract The passage of the Persons with Disability Act, 2006 (Act 715) has been considered a noteworthy milestone in Ghana's human rights discourse because it gives the hope that it will improve the life of persons with disability (PWDs) to enable them be part of mainstream society. Though the Act covers key thematic provisions such as rights, accessibility, employment and education for PWDs amongst others, it has been criticized on the grounds that it has no provision on non-discrimination, the gender dimension of discrimination, rights of children with disability and legal definition of disability. Using secondary data such as the United Nations Convention on the Rights of Persons with Disability (UNCRPD) as well as disability legislations and policies of other countries in Africa, this paper argues that there are still glaring omissions in Act 715, some of which comprises housing for PWDs, voting rights of PWDs and liability of construction professionals. This paper proposes a stakeholder discussion of these omissions and the recommendations provided by critics and the outcome thereof should be considered in the event that policy actors decide to amend the Act. This is not to conclude that addressing these omissions will put an end to the scores of challenges confronting PWDs in Ghana but rather to ensure that Act 715 becomes robust and responsive to the needs and concerns of PWDs. Keywords: persons with disability, housing, voting rights, construction professionals, Act 715 1. Introduction In June, 2006, when the Persons with Disability Act, 2006 (Act 715) was finally passed by the Ghanaian Parliament, many stakeholders, including persons with disability (PWDs), received it with all enthusiasm. At the time, PWDs in Ghana were counted among the fortunate few because most African countries had no separate disability legislation. Particularly for PWDs in Ghana, this was a dream come true, having regard to the long struggle by the Ghana Federation of the Disabled (GFD), together with some civil society organizations, to make the Parliament of Ghana enact a law to enforce the provisions of Article 29 of the 1992 Constitution of Ghana. The passage of the Act was considered a noteworthy milestone in the country's human rights discourse as it gave the hope that it will improve the life of PWDs to enable them be part of mainstream society (Oduro, 2009; Eleweke, 2013). The Act covers thematic areas such as rights, accessibility, employment, education, transportation and health-care for PWDs; establishment and functions of a National Council on Persons with Disability (NCPD) and some miscellaneous provisions. However, since its passage, Act 715 has been subjected a number of criticisms. Few months after the Act received Presidential assent in August, 2006, a constitutional and legal policy expert1 argued that the Act had no provision on non-discrimination and the gender dimension of discrimination (Hansen, 2006). A 2008 study conducted in Ghana reiterated the same argument and even more, added that the Act has no legal definition of disability and no legislative instrument to aid its implementation (JMK Consulting Research, 2008). More to the point, following the ratification of the United Nations Convention on the Rights of Persons with Disability (UNCRPD) and the Optional Protocol in 2012 by the Government of Ghana, the Law and Development Associate, cited in Voice Ghana (2014), stated in its 2013 Draft Gap Analysis Report that Act 715 is inconsistent with the UNCRPD because it has no provision on women with disability, the rights of children with disability, the inherent right to life and the right to protection and safety in situations of risk and humanitarian emergencies. These gaps notwithstanding, there are still some glaring omissions in Act 715. The aim of this paper is to discuss three (3) of these omissions in Act 715 and to offer proposals for consideration in the event that policy actors decide to amend the Act. This comprises housing for PWDs, voting rights of PWDs and liability of construction professionals. The paper dwells on disability laws and policies of Nigeria, Namibia, Malawi, Botswana, Kenya and the UNCRPD to establish best practices and offer recommendations in order to make PWDs in Ghana comfortable. The UNCRPD is particularly important to this paper because it is the first comprehensive international legal instrument which reflect global consensus, expressly protect the human rights of PWDs and provides an authoritative commentary on the manner in which countries should fulfill their obligations towards PWDs (Guernsey et al, 2007:4; Harpur, 2012). Other secondary sources of data include 1 Dr. Kwadwo Appiagyei-Atua, a Law Lecturer at the University of Ghana, delivered a speech on 'The New Disability Law in Ghana, The Way Forward' at the 2nd Annual National Human Rights Lectures under the theme 'Advancing Economic, Social and Cultural Rights in Ghana: Prospects and Challenges' Journal of Law, Policy and Globalization www=iseorg

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