10. Summary
The Disability Rights Handbook has made provisions for users to go on a journey of disability rights in Botswana as enshrined in the legal framework with a benchmark on the United Nations Convention on the Rights of People with Disabilities (UNCRPD). The rights of PWDs as spelt out in UNCRPD were matched and compared with the provisions of the policies and laws of Botswana. Furthermore, the journey has elaborated on the evolution of disability models and concluded with the human rights one as it encompasses the values and acknowledges the human dignity of persons with disabilities.
The concept of independent living has been outlined with the knowledge that PWDs have the right to live with autonomy, dignity and control over their own lives. It calls for participation that emphasizes being included, empowered, and respected as an equal member of the society. Enabling legislative frameworks recognised among others social protection programmes as bestowing dignity, improving the quality of life and enabling full participation in social, economic, and cultural life.
The Employment Act provides comprehensive guidance on matters pertaining employment and contains provisions on non-discrimination, reasonable accommodation, and equal opportunities. The Workers' Compensation Act offers compensation and significant support for work-related injuries. However, there are barriers of returning to work and workplace accommodations. Although the Act has provisions for medical treatment and rehabilitation, there is insufficient focus on long-term vocational rehabilitation to help regain the skills needed to return to work or find new types of employment.
Article 23 of The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) underscores the rights of persons with disabilities to marry, have a family, and make decisions related to reproduction on an equal basis with others. It bestows equal rights in family life, as parents, protection of children from separation and alternative care. The Children's Act provides a legal framework that aims to protect and promote the rights of all children, including those with disabilities.
The Marriage Act has provisions that indicate that PWDs cannot be excluded from marriage based on their disability and have the right to marry. Moreover, they can choose a spouse, establish a family, become a parent or have custody of children. Ensuring accessibility, legal capacity, and non-discrimination is key to protecting the rights of individuals with disabilities in the context of marriage.
Articles 9–16 of the UNCRPD lay out a unified and comprehensive framework that provides both benefits and opportunities for persons with disabilities to live with dignity, equality, and autonomy. These articles create benefits for equal participation and integration, legal empowerment, protection of life, liberty, physical and communication accessibility, resilience in crises, support systems and safeguards.
The Constitution is central to the rights discourse as it embodies political and civil rights and is devoid of socio-economic rights. Similarly, the Penal Code and disability are connected through provision of protection related to mental disorders and health conditions capacity.
Section 10 of the Constitution provides that there is a presumption of sanity until proven otherwise. Section 11 and 148 of the Penal Code refers to persons with intellectual disability as ‘idiots’ and ‘imbeciles. The law provides some safeguards for people with disabilities, particularly those who are vulnerable, but there is still a need for more specific laws or provisions related to disability rights, discrimination, and accessibility within the broader legal framework. The establishment of stronger protections for individuals with disabilities. Specific amendments to the Penal Code or complementary legislation like the Disability Act, would be beneficial for improving the legal rights and protections as well as access justice on an equal basis with others.
Recognizing the shortcomings of the Mental Disorders Act, Botswana enacted the Mental Health Act of 2023, which aims to provide a more rights-based and patient-centered approach to mental health care. The Mental Health Act marks a progressive step towards aligning and integration of mental health care with human rights standards. While challenges in implementation persist, the Act provides a foundation for promoting the well-being and dignity of individuals with mental health conditions.
Article 30, 5 (b) of UNCRPD obliges State parties to recognise the rights of PWDs to participate equally in cultural life, recreation, leisure and sports. Sports have been found to promote physical health, foster social inclusion, acquisition of vital skills, and mental well-being. The Botswana National Sports Commission (BNSC) Act of 2014 established the BNSC to oversee and promote inclusive sports development. However, recreational and sporting facilities are not accessible and accommodative.
The Revised National Policy on Education provides a blueprint for introduction and expansion of special education in the public education system. The Inclusive Education policy provides for an inclusive education system for all learners, regardless of their abilities, backgrounds, and circumstances.
The Ministry of Health has committed to the Expanded Programme on Immunization including Poliomyelitis Eradication, Measles and Neonatal Tetanus elimination initiatives, as a pillar for child survival, growth and development. Through the Essential Health Services Package the government is committed to providing and making accessible health interventions that are promotive, preventive, curative, and rehabilitative.
The policy, legal frameworks and programmes as designed by the government are almost adequate and inclusive to uphold the rights of people with disabilities. However, the biggest challenge lies in access and implementation of the enabling programmes to ensure that PWDs have quality lives.
