96 | Zimbabwe Rule of Law Journal
guidance on how states should ensure the inclusion of PWDs at the work place.
2.3 Normative standards under the African regional Human rights system
It is important to note that the African human rights system includes all human rights instruments
which aim to promote and protect human rights in Africa.16 It comprises: The African Charter on Human
and People’s Rights (ACHPR); Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa; the African Youth Charter; and the 2014 Draft African Disability Protocol.
In line with Article 2 of the ACHPR, all these instruments prohibit discrimination on numerous grounds,
including disabilities. This also suggests a prohibition of discrimination in the employment sector. In
addition, the ACHPR provides for the right to work for everyone. Accordingly, “Every individual shall
have the right to work under equitable and satisfactory conditions, and shall receive equal pay for
equal work”.17 Furthermore, in its Article 18(4), the ACHPR, also protects the rights of PWDs and
stresses the need to ensure “the right to special measures of protection in keeping with their physical
or moral needs”. This provision urges the states to ensure the inclusion of PWDs with consideration
of their needs.
As for the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in
Africa, it protects women with disabilities and obliges states to “take specific measures commensurate
with their physical, economic and social needs to facilitate their access to employment, professional
and vocational training as well as their participation in decision-making”.18 This provision is unequivocal
in ensuring the right to employment and fair labour practice to women with disabilities.
As far as the African Youth Charter is concerned, it prohibits discrimination under the theme “every
young person, young people [including those with disabilities]” have the right to employment.19
16
See generally, Frans Viljoen International Human Rights Law in Africa, Oxford University Press, 2012.
17
Art 15.
18
Art 23(a)
19
Art 5.
Select target paragraph3
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