Critical Review: Constitutional Rights of Persons with Disabilities: An Analysis of 193 National Constitutions
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Institution
The article, Constitutional Rights of Persons with Disabilities: An Analysis of 193 National Constitutions recognizes that there are a number of national constitutions that have taken an advanced step to guarantee fundamental freedoms and human rights to persons with disabilities. It has been estimated that about 16% of the total world’s population has some form of disability.1 The article aimed at examining the extent to which constitutional rights are guaranteed to persons with disabilities. It found out that the presence of rights to persons with disabilities is only in a minority of constitutions.2
Summary
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According to the article, the inadequacy of legal rights is the foundation of inequality in addition to social and cultural factors. One of the major concern areas of persons with disabilities is the disproportionate access to education. This results in higher rates of literacy due to lack of schooling.3
Marginalization at work is similarly a major concern area for persons with disabilities. As such, for instance, only 38.1% of the total employed populations in the United States are disabled4. Additionally, persons with disabilities face inadequate access to health services and experience violation of the civil rights. The constitutions, therefore, have a responsibility to establish fundamental rights to its citizens.
28% of the constitutions guarantee the rights in education, 26% guarantee the rights on health and 24% in overall equity. Only 18% guarantee the nondiscrimination rights at work, 21%-22% guarantees political rights and only 9% guarantees civil rights. On the other hand, the research found out that 19% of the constitution denies persons with disabilities right to liberty and 21%-31% denies them the political rights.5