Two recently gazetted national strategic frameworks have implications for private and public sector obligations in meeting the needs and rights of persons with disabilities, reports Legalbrief Today. One deals with their “reasonable accommodation”; the other with universal design and access.
Pending the promulgation of regulations under the 2000 Promotion of Equality & Prevention of Unfair Discrimination Act, failure to observe the requirements spelled out in each framework may render a provider of services legally liable in any proceedings. This is especially where legislation either requiring reasonable accommodation or compliance with minimum standards already exists. In that context, courts and tribunals may use both frameworks to interpret and apply existing legislation. Each framework is underpinned by imperatives set out in the 2016 White Paper on the Rights of Persons with Disabilities.
NATIONAL STRATEGIC FRAMEWORK ON UNIVERSAL DESIGN AND ACCESS (Open access)
See more from MedicalBrief archives:
SA Law Reform Commission: Medical community comment invited on disability rights
SAHRC orders adequate housing for mental health patients
Revised guidelines for care facilities for mentally disabled