Thesis
A critical analysis of Zambia’s disability discrimination legal framework : reasonable accommodation and the right to work for persons with disabilities in Zambia
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2023
- Thesis identifier
- T16725
- Person Identifier (Local)
- 201880119
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- By recognising the beneficial role that law plays in reducing societal disparities, this thesis aims to broaden understanding of disability equality and anti-discrimination law in Zambia, focusing on reasonable accommodation and kindred issues in fostering equality and the right to work in Zambia. Given the necessary constraints, this thesis examines various statutory and constitutional issues relating to equality, as it translates into the right to work for persons with disabilities. The thesis also seeks to provide an overview of Zambia’s disability legal framework from colonialism to the present. The thesis lays the groundwork for examining the strengths and limits of current laws in addressing discrimination and fostering equality for persons with disabilities in the workplace and labour market. The main argument advanced by this thesis is that applying a communitarian approach, perceived through the lens of Zambian Humanism, provides the most compelling means of advancing substantive equality and addressing disability discrimination. The thesis seeks to demonstrate that Zambian Humanism, as a homegrown theory and philosophy, advances the ideals implicit in the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD calls for a holistic approach to tackling disability discrimination, and thus goes beyond consistency of treatment and neutrality between individuals or groups. To this end, the thesis argues that Zambian Humanism provides the normative framework and rationale for providing reasonable accommodation and other positive measures for people with disabilities. By reflecting on Zambian Humanism and its approach to racialism, apartheid and inequality, this thesis proposes that communitarianism offers a more suitable and viable approach to addressing the disadvantages experienced by persons with disabilities and other marginalised and disadvantaged populations. Zambian Humanism was progressive for its time and therefore can still provide the foundation for addressing the plight of Zambians with disabilities today. The thesis argues that Zambian Humanism principles have indirectly re-entered the legal system, despite the philosophy being discarded in 1991. This, therefore, lends credence to the authenticity of the philosophy in providing a prescriptive guide towards an approach to equality that promotes and enhances the right to work for persons with disabilities in Zambia. The thesis concludes with recommendations to enrich the implementation of disability anti-discrimination and equality laws in Zambia.
- Advisor / supervisor
- O'Donnell, Thérèse
- Brodie, Douglas
- Resource Type
- DOI
- Funder
Relations
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PDF of thesis T16725 | 2023-10-10 | Public | Download |