Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/37020
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Duties of persons with disabilities under the African disability rights protocol: a sceptical argument
Author(s): Onazi, Oche
Contact Email: oche.onazi@stir.ac.uk
Keywords: African disability rights protocol, African philosophy of human rights
duties
disability justice
people with disabilities
taxation
Issue Date: 11-Mar-2025
Date Deposited: 25-Apr-2025
Citation: Onazi O (2025) Duties of persons with disabilities under the African disability rights protocol: a sceptical argument. <i>Human Rights Law Review</i>, 25 (2). https://doi.org/10.1093/hrlr/ngaf004
Abstract: Although the Protocol to the African Charter on Human and Peoples Rights on the Rights of Persons with Disability 2018 (‘African disability rights protocol’) is inspired by the Convention on the Rights of Persons with Disabilities 2006 (CRPD), it departs from it by grounding disability rights in an African philosophy of human rights. It achieves this in various ways, particularly by assigning duties to people with disabilities, which is generally uncharacteristic of disability human rights discourse. This article explores what the allocation of these duties implies for people with disabilities. It argues that whilst such recognition may uphold the equal humanity and belonging of people with disabilities, the African disability rights protocol is not sufficiently attentive to duties owed to them by other individuals. Given the widespread exclusions and injustices faced by disabled people across Africa, it is argued that the priority should be individual duties to (rather than of) people with disabilities. The significance of individual duties to people with disabilities is not only underemphasized by the African disability rights protocol but is insufficiently addressed by the CRPD and under-theorized in disability justice literature. A duty-based approach remains a significant yet an unexplored approach to disability justice
DOI Link: 10.1093/hrlr/ngaf004
Rights: © The Author(s) [2025]. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License(http://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited
Licence URL(s): http://creativecommons.org/licenses/by-nc/4.0/

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