Legal and policy provisions for reasonable accommodation in employment of persons with mental disability in East Africa: A review

Ikenna D. Ebuenyi, Barbara J. Regeer, Mirriam Nthenge, Renuka Nardodkar, Mitzi Waltz, Joske F.G. Bunders-Aelen

Research output: Contribution to JournalReview articleAcademicpeer-review

Abstract

Despite an elaborated framework on reasonable accommodations in the UN Convention on the Rights of Persons with Disabilities (UN CRPD), persons with mental disabilities continue to face significant limitations to employment in East Africa. The aim of our study is to explore legal provisions related to reasonable accommodations in the employment-related laws regarding persons with mental disabilities in East Africa, and to suggest ways to bridge the gap between principles of international law and provisions of domestic laws. The disability, labour and human rights laws of 18 East African countries were accessed from the database of WHO MiNDbank and the International Labour Organisation. These laws were reviewed in the light of the framework of Article 27 of the UN CRPD. We found that 15 (83%) of the countries in East Africa have ratified the UN CRPD, and 12 (67%) have formulated an explicit definition of disability that includes mental illness. Eleven countries (61%) have explicit laws mandating employers to provide reasonable accommodations for persons with a mental disability. Eight countries (44%) have submitted a state report to the CRPD Committee. Lack of clear and specific definition of reasonable accommodations or the existence of vague definitions create challenges. If persons with a mental disability are to exercise their right to inclusive and gainful employment, there is a need for legal reforms that guarantee access to inclusive employment practices.

LanguageEnglish
Pages99-105
Number of pages7
JournalInternational Journal of Law and Psychiatry
Volume64
DOIs
Publication statusPublished - 1 May 2019

Fingerprint

mental disability
Eastern Africa
East Africa
Disabled Persons
accommodation
United Nations
human being
UN Convention
disability
Law
gainful employment
legal provision
ILO
Organizations
Databases
Exercise
WHO
mental illness
international law
guarantee

Keywords

  • Disability discrimination
  • East Africa
  • Employment
  • Mental disability
  • Reasonable accommodation

Cite this

@article{cf0a877a00b840f18a12b4b3f6b16364,
title = "Legal and policy provisions for reasonable accommodation in employment of persons with mental disability in East Africa: A review",
abstract = "Despite an elaborated framework on reasonable accommodations in the UN Convention on the Rights of Persons with Disabilities (UN CRPD), persons with mental disabilities continue to face significant limitations to employment in East Africa. The aim of our study is to explore legal provisions related to reasonable accommodations in the employment-related laws regarding persons with mental disabilities in East Africa, and to suggest ways to bridge the gap between principles of international law and provisions of domestic laws. The disability, labour and human rights laws of 18 East African countries were accessed from the database of WHO MiNDbank and the International Labour Organisation. These laws were reviewed in the light of the framework of Article 27 of the UN CRPD. We found that 15 (83{\%}) of the countries in East Africa have ratified the UN CRPD, and 12 (67{\%}) have formulated an explicit definition of disability that includes mental illness. Eleven countries (61{\%}) have explicit laws mandating employers to provide reasonable accommodations for persons with a mental disability. Eight countries (44{\%}) have submitted a state report to the CRPD Committee. Lack of clear and specific definition of reasonable accommodations or the existence of vague definitions create challenges. If persons with a mental disability are to exercise their right to inclusive and gainful employment, there is a need for legal reforms that guarantee access to inclusive employment practices.",
keywords = "Disability discrimination, East Africa, Employment, Mental disability, Reasonable accommodation",
author = "Ebuenyi, {Ikenna D.} and Regeer, {Barbara J.} and Mirriam Nthenge and Renuka Nardodkar and Mitzi Waltz and Bunders-Aelen, {Joske F.G.}",
year = "2019",
month = "5",
day = "1",
doi = "10.1016/j.ijlp.2019.02.007",
language = "English",
volume = "64",
pages = "99--105",
journal = "International Journal of Law and Psychiatry",
issn = "0160-2527",
publisher = "Elsevier Limited",

}

Legal and policy provisions for reasonable accommodation in employment of persons with mental disability in East Africa : A review. / Ebuenyi, Ikenna D.; Regeer, Barbara J.; Nthenge, Mirriam; Nardodkar, Renuka; Waltz, Mitzi; Bunders-Aelen, Joske F.G.

In: International Journal of Law and Psychiatry, Vol. 64, 01.05.2019, p. 99-105.

Research output: Contribution to JournalReview articleAcademicpeer-review

TY - JOUR

T1 - Legal and policy provisions for reasonable accommodation in employment of persons with mental disability in East Africa

T2 - International Journal of Law and Psychiatry

AU - Ebuenyi, Ikenna D.

AU - Regeer, Barbara J.

AU - Nthenge, Mirriam

AU - Nardodkar, Renuka

AU - Waltz, Mitzi

AU - Bunders-Aelen, Joske F.G.

PY - 2019/5/1

Y1 - 2019/5/1

N2 - Despite an elaborated framework on reasonable accommodations in the UN Convention on the Rights of Persons with Disabilities (UN CRPD), persons with mental disabilities continue to face significant limitations to employment in East Africa. The aim of our study is to explore legal provisions related to reasonable accommodations in the employment-related laws regarding persons with mental disabilities in East Africa, and to suggest ways to bridge the gap between principles of international law and provisions of domestic laws. The disability, labour and human rights laws of 18 East African countries were accessed from the database of WHO MiNDbank and the International Labour Organisation. These laws were reviewed in the light of the framework of Article 27 of the UN CRPD. We found that 15 (83%) of the countries in East Africa have ratified the UN CRPD, and 12 (67%) have formulated an explicit definition of disability that includes mental illness. Eleven countries (61%) have explicit laws mandating employers to provide reasonable accommodations for persons with a mental disability. Eight countries (44%) have submitted a state report to the CRPD Committee. Lack of clear and specific definition of reasonable accommodations or the existence of vague definitions create challenges. If persons with a mental disability are to exercise their right to inclusive and gainful employment, there is a need for legal reforms that guarantee access to inclusive employment practices.

AB - Despite an elaborated framework on reasonable accommodations in the UN Convention on the Rights of Persons with Disabilities (UN CRPD), persons with mental disabilities continue to face significant limitations to employment in East Africa. The aim of our study is to explore legal provisions related to reasonable accommodations in the employment-related laws regarding persons with mental disabilities in East Africa, and to suggest ways to bridge the gap between principles of international law and provisions of domestic laws. The disability, labour and human rights laws of 18 East African countries were accessed from the database of WHO MiNDbank and the International Labour Organisation. These laws were reviewed in the light of the framework of Article 27 of the UN CRPD. We found that 15 (83%) of the countries in East Africa have ratified the UN CRPD, and 12 (67%) have formulated an explicit definition of disability that includes mental illness. Eleven countries (61%) have explicit laws mandating employers to provide reasonable accommodations for persons with a mental disability. Eight countries (44%) have submitted a state report to the CRPD Committee. Lack of clear and specific definition of reasonable accommodations or the existence of vague definitions create challenges. If persons with a mental disability are to exercise their right to inclusive and gainful employment, there is a need for legal reforms that guarantee access to inclusive employment practices.

KW - Disability discrimination

KW - East Africa

KW - Employment

KW - Mental disability

KW - Reasonable accommodation

UR - http://www.scopus.com/inward/record.url?scp=85062237597&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85062237597&partnerID=8YFLogxK

U2 - 10.1016/j.ijlp.2019.02.007

DO - 10.1016/j.ijlp.2019.02.007

M3 - Review article

VL - 64

SP - 99

EP - 105

JO - International Journal of Law and Psychiatry

JF - International Journal of Law and Psychiatry

SN - 0160-2527

ER -