Experts of the Committee on the Rights of Persons with Disabilities Commend Ghana on the Participation of Ghanaian Persons with Disabilities Internationally, Raise Questions on Harmful Cultural Practices and the Enactment of the Persons with Disabilities Bill
The Committee on the Rights of Persons with Disabilities today concluded its review of the initial report of Ghana, with Committee Experts commending the State party for the participation of prominent Ghanaian persons with disabilities internationally, while asking questions about how harmful cultural practices impacted persons with disabilities, and the timeline for the enactment of the Persons with Disabilities Bill 2024.
Floyd Morris, Committee Expert and Taskforce Member, said Ghana had done extremely well in producing reputable and prominent Ghanaian persons with disabilities who participated internationally, including the Committee’s Chairperson.
Miyeon Kim, Committee Expert and Taskforce Member, said harmful cultural practices, including the killing of children with disabilities, happened in Ghana. What measures and actions were being undertaken to combat these harmful practices? How did the Government protect those with albinism from violence and discrimination, perpetuated by beliefs in spirit children and other social and cultural norms? What specific actions were being taken to ensure the right to life of persons with disabilities in the country?
Samuel Kabue, Committee Expert and Taskforce Coordinator, said a lot of the issues raised during the dialogue had been associated with the Persons with Disabilities Bill. The Government would be holding elections in three months’ time and a bill that was not completed would be shelved and the process would have to start all over again. What was the exact timeline for the enactment of the bill? Would it be enacted in the next two months?
The delegation said incidents of the killing of children with disabilities were being monitored. There were no cases so far this year that the delegation was aware of. They had heard of such an incident during the preparation of the report and had tried to follow up on it. There was no concrete evidence as such. Community sensitisation programmes were organised to educate community people, including religious leaders, as they had influence within the community. Traditional leaders were sometimes used as agents of change to enable people to comply with the laws of the country.
The delegation said Ghana was amending the Persons with Disabilities Act no. 715 to comply with the Convention. Ghana was committed to ensuring that the interest of persons with disabilities was at the centre of the development agenda. The Persons with Disabilities Bill went through certain processes and it would be concluded within the shortest possible time. However, a definite date could not be provided as it needed to go through parliament. As a country, Ghana would do all that was needed to pass the bill.
Dakoa Newman, Minister for Gender, Children and Social Protection of Ghana and head of the delegation, presenting the report, said Ghana was deeply committed to fostering a society where all individuals, including persons with disabilities, could thrive and contribute meaningfully. The country was home to an estimated 2.09 million people with disabilities, representing approximately eight per cent of the population. Ghana was piloting inclusive education in 379 schools in 70 districts. Currently, there were 28 special schools, 24 unit schools, and nine integrated schools in Ghana. The Ministry of Education had taken measures to mainstream special education into the regular system by ensuring the availability of a Ghanaian Sign Language Dictionary, which was currently being used by 850 teachers.
Ghana remained open to any recommendation from the Committee and affirmed the State’s dedication to disability inclusion.
In closing remarks, Ms. Newman expressed gratitude to the Committee for the opportunity to discuss Ghana’s progress in recognising the rights of persons with disabilities. Ghana acknowledged the challenges which remained and reaffirmed unwavering commitment to addressing them. The State was committed to aligning its laws with the Convention and would collaborate with persons with disabilities, civil society and international partners to create inclusive policies.
In his concluding remarks, Mr. Kabue thanked the Ghanaian delegation for the dialogue. However, the Committee was concerned that most intentions were based on the Persons with Disabilities Bill whose enactment was indefinite, given that it was only a couple of months before the country would be holding general elections in December, which could mean the process of the bill would be restarted, should the Government change before it was enacted. It was hoped this, among other issues, would be addressed.
The delegation of Ghana was comprised of representatives from the Ministry of Gender, Children and Social Protection; the National Council for Persons with Disabilities; the Office of the Honourable Minister, and the Permanent Mission of Ghana to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirty-first session and other documents related to the session can be found here.
The Committee will next meet in public at 3 p.m. on Tuesday, 20 August, to review the initial report of Belarus (CRPD/C/BLR/1).
Report
The Committee has before it the initial report of Ghana (CRPD/C/GHA/1).
Presentation of Report
DAKOA NEWMAN, Minister for Gender, Children and Social Protection of Ghana and head of the delegation, said Ghana was deeply committed to fostering a society where all individuals, including persons with disabilities, could thrive and contribute meaningfully. The country was home to an estimated 2.09 million people with disabilities, representing approximately eight per cent of the population. The national development blueprint, the National Medium-Term Development Policy Framework 2022-2025, placed disability inclusion at the heart of the development agenda, investing in inclusive education. The Persons with Disabilities Act 2006 had undergone a comprehensive review in compliance with the Convention to better facilitate the coordination of disability-related activities in Ghana. The State had also developed a cabinet memorandum on the ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the rights of persons with disabilities in Africa to the Office of the Attorney General and the Ministry of Justice. The provisions of the Protocol were incorporated into the Persons with Disabilities Bill 2024.
Ghana was piloting inclusive education in 379 schools in 70 districts. Currently, there were 28 special schools, 24 unit schools, and nine integrated schools in Ghana. The Ministry of Education had taken measures to mainstream special education into the regular system by ensuring the availability of a Ghanaian Sign Language Dictionary, which was currently being used by 850 teachers. The country also provided a feeding grant for special schools which had increased access to basic education and reduced the financial burden on parents with children with disabilities. Ghana had taken measures to ensure physical access to public and private buildings and was implementing the Ghana Accessibility Standard for the built environment.
The State was implementing a Digital Acceleration Project for Digital Jobs and Inclusion, which would undertake a baseline survey towards the digital acceleration of persons with disabilities, with the intention to equip selected information communication technology centres of two schools of persons with disabilities. Companies in Ghana were adopting inclusive employment practices as part of their corporate social responsibility programmes, providing job opportunities and creating accessible workplaces for persons with disabilities. Vocational trainings for persons with disabilities were ongoing through apprenticeships and technical vocational trainings. The Persons with Disabilities Enterprise Support Grant provided grants to eligible entrepreneurs with disabilities for their enterprises.
The Social Protection Policy 2015 recognised the special needs of persons with disabilities as a key target group for government social protection programmes. This was further strengthened by the Social Protection Bill which was before Parliament for approval. The Government had placed persons with disabilities on social interventions such as the Livelihood Empowerment Against Poverty Programme, the National Health Insurance Scheme, and several others.
The Government of Ghana had put in place policies to increase the number of persons with disabilities in decision–making. Strong collaboration with the Ghana Federation of Disability Organizations and political parties had led to the improved participation of persons with disabilities in national decision-making process. In 2023, 73 persons with disabilities won in the district level elections, while 67 persons with disabilities were elected as unit committee members in the District Assembly elections. While Ghana was confident that the various policies, frameworks and initiatives highlighted were improving the lives and rights of persons with disabilities, there were challenges. Ghana remained open to any recommendation from the Committee and affirmed the State’s dedication to disability inclusion.
Questions by Committee Experts
SAMUEL KABUE, Committee Expert and Taskforce Leader, asked about the progress and timeline to expedite the review and amendments of the Disability Act which began in 2019 and had yet to be completed. How had persons with disabilities been facilitated to meaningfully provide their views within the process of developing this Act? What plans did the State have to review provisions in the Mental Health Act of 2012, in areas that contradicted the Convention? Was training provided to mental health professionals on the rights of persons with disabilities? This Act had provisions for involuntary treatment and confinement; what plans did the State have to review the Act and bring it in line with the Convention? What plans were there to review key documents which had discriminatory language against persons with disabilities? The Constitution did not recognise disability as a ground for discrimination, and needed to be reviewed. How long would it take for the African Protocol to be ratified? How were persons with disabilities involved in the process?
What were the accessible and effective complaints mechanisms for persons with disabilities who were victims of discrimination? How did the laws provide for redress and sanctions against perpetrators? How accessible were these for persons in rural areas? Could examples of complaints which had been lodged be provided? What were the legal and other measures taken to address multiple and intersectional discrimination faced by persons with disabilities, particularly women and girls with disabilities and persons with intellectual disabilities?
Could the delegation inform on the use of the Washington Group set of questions in relation to persons with disabilities? How were persons with disabilities involved in the process of the Census? How did the State plan to expand the collection methodology to include disability-specific questions which encompassed a broader range of disabilities? How did the Government plan to have a more inclusive process which was more representative of the actual population of persons with disabilities? How were persons with disabilities facilitated to work with international development partners to develop programmes that were disability inclusive?
The Committee understood that the National Council for Persons with Disabilities was not centralised and did not have adequate resources. How did the State intend to strengthen it? When did the State intend to designate a monitoring agent?
Responses by the Delegation
The delegation said Ghana was taking a detailed look at the Act and the Bill had already been submitted to the office of the Attorney General before the final comment for submission to the cabinet. Consultations had been carried out with organizations of persons with disabilities and their input had been submitted for consideration. The comprehensive view of the definition of the Disability Act was to ensure that it would trigger the review of existing laws that were not in line with the new Act, to ensure compliance. The mental health authorities continued to train doctors and nurses on how to handle disability issues. Ghana was currently reviewing aspects of the Constitution which would be amended. The Criminal Code was being amended to bring it into line with the Convention.
The Commission on Human Rights was required to receive complaints against any discrimination people faced which impacted their human rights. A court system also received complaints on discrimination. A hotline was in operation which received complaints on violence against women and children, including persons with disabilities. The district social welfare officers were the first point of call for complaints in the community. In one instance, a child who was raped had reported the crime, which was taken to court and the perpetrator was jailed for 10 years. Policies were being developed for women with disabilities, focused on their particular needs, and a unit had been established to deal with these issues. The revised guidelines of the Common Fund ensued that children and women were able to access the fund.
In 2021, the Census used the Washington Group questions, which had their limitations. Following this, there had been agreement that the next Census would use questionnaires that could cover more persons with disabilities. The Government would ensure closer consultation with persons with disabilities for the vetting of specific questions and definitions to ensure everyone was included in the next Census.
The decentralisation of the offices of the National Council for Persons with Disabilities was a key priority. Approval had been granted for this process to begin. Currently, people had been placed in five district offices, with the approval to enable more people to join the work of the Council. Ghana was hoping to create a unit which would be responsible for the monitoring of disability issues.
Questions by Committee Experts
AMALIA GAMIO, Committee Expert and Taskforce member, asked about progress made to date in the programme “Leave No One Behind”, which was implemented in 2018 to stop violence against women and children with disabilities, persons with albinism, and those living with HIV/AIDS? How many women had benefitted from the programme to combat poverty? What progress had there been in combatting harmful traditional practices, such as female genital mutilation? How was priority given to gender issues to ensure they reached women and girls with disabilities, both in cities and in rural areas? What could be done to ensure the Common Fund for persons with disabilities reached people easily?
What had been done to avoid cultural practices and norms which harmed children with disabilities? There was a case where a child had been buried alive by a so-called “prophet”. How many people had been brought to justice for this type of crime in the past year?
Were there any measures to promote family-based care instead of the institutionalisation of children with disabilities? How was it ensured these children could participate in family activities? Had the State thought about ongoing campaigns based on human rights in both urban and rural areas?
Responses by the Delegation
The delegation said that the “Leave No One Behind Programme” aimed to enable women and girls to understand their rights and have access to education. The initiative was used to educate girls on issues of violence prevention, including for vulnerable groups. Within the education sector, the Ministry of Education had trained more than 2,000 parents on how to prevent violence against children with disabilities in the school environment. More than 2,000 women had benefitted from disability-related assistance across the country. The Department of Gender ran various programmes aimed at reducing discrimination against women, including those with disabilities.
Ghana had been working with various civil society organizations to ensure that incidents of female genital mutilation were reduced. The law was reviewed to ensure that perpetrators were arrested, and also that anyone who did not report the crime was liable, and could also be fined or imprisoned. Doctors were trained to examine children and ensure they were not subjected to female genital mutilation. Parents who had committed female genital mutilation on their children had appeared before courts and been prosecuted.
The three per cent Common Fund aimed to assist persons with disabilities in their livelihood. It was hoped that once the guidelines to the fund were revised, persons with disabilities would be able to access the fund in a more efficient manner.
Any person who harmed a child was prosecuted under the law, including children who were harmed due to their disability. The Criminal Offences Act and the Children’s Act allowed for the prosecution of such cases. A case against a person with albinism was currently being investigated.
In 2015, the child and family welfare policy was developed to give children a chance to grow up within the family system. Homes were being deinstitutionalised to ensure children were staying with their families. A foster care fund was developed to assist family members who were taking care of children with disabilities. All of Ghana’s programmes had been based on the human rights model for some time. It was hoped these programmes would promote awareness raising.
Questions by Committee Experts
A Committee Expert said the Government had not yet ratified the Protocol of the African Charter on the rights of persons with disabilities. What efforts were being taken to accelerate the signature and ratification of the protocol? Had tangible efforts been made to implement the provisions of reasonable accommodation?
Another Expert said the Committee on Standards had stipulated that there was a need to provide for accessibility, and laws should emphasise this. All companies involved in construction should ensure the accessibility of buildings. What accommodation measures had been put in place by Ghana to ensure all public buildings and means of transport were accessible to persons with disabilities? Had persons with disabilities helped define which places should be covered by these standards?
A Committee Expert asked what mechanisms were in place to ensure that children with disabilities could take part in decision making?
Another Expert asked how many shelters for victims of abuse in Ghana were accessible for persons with disabilities?
A Committee Expert asked about religious organizations sheltering persons with disabilities, including so-called “spiritual centres”. Could information be provided about these centres?
One Expert asked if there were plans to develop accessibility standards in other areas outside of the built environment, including transportation, employment and goods and services?
An Expert asked what had been done to ensure that broadcasting was accessible to deaf persons?
Responses by the Delegation
The delegation said Ghana was committed to ensuring the Protocol to the African Charter was ratified by the end of the year. Coordination within the various departments had been improved to ensure more united efforts to help persons with disabilities. Reasonable accommodation was recognised in the parents with children with disabilities bill to ensure parents received the needed support. Reasonable accommodation cut across all accessibility provisions and was implemented when needed.
The Government, together with organizations of persons with disabilities, had developed the Ghana accessibility standards for the built environment. These standards had been incorporated into the Ministry of Housing building regulations to ensure building plans complied with accessibility standards.
The Children’s Act 1998 required that every child had a right to participate in any decision that concerned their well-being to the best of their ability. It was expected that every policy and programme for children would seek their view. A national children’s parliament had been developed.
The delegation said there were various shelters in Ghana, including for women and children. They were accessible to anybody who needed protection. Many government projects were underway to improve the availability of accessibility devices for communication to persons with disabilities. The Ministry of Health gender policy was being reviewed, with provisions on extending quality health services to women with disabilities. Guidelines were being developed to regulate shelters for persons with disabilities.
Questions by Committee Experts
MIYEON KIM, Committee Expert and Taskforce Member, said harmful cultural practices, including the killing of children with disabilities, happened in Ghana. What measures and actions were being undertaken to combat these harmful practices? How did the Government protect those with albinism from violence and discrimination, perpetuated by beliefs in spirit children and other social and cultural norms? What specific actions were being taken to ensure the right to life of persons with disabilities in the country?
What actions had been taken to amend the National Disaster Management Organization Act to ensure the inclusion of persons with disabilities, particularly women, within disaster management legislation. How did the Government of Ghana plan to ensure the safety of persons with disabilities during emergencies and make information available to them? If Ghana faced a natural disaster, how would persons with disabilities have access to information without any sign language in the broadcasting?
What specific action was the Government taking to develop a comprehensive policy framework that addressed access to justice for persons with disabilities, ensuring they could navigate the justice system effectively? What was being done to enhance training within the justice system on disability rights? Were sign language interpreters provided in court?
What was being done to address the social and cultural practices that deprived persons with disabilities, particularly those with albinism, of their human rights? What steps was the Government taking to address cultural and religious practices which led to the inhumane treatment of persons with disabilities, particularly those with albinism? How were persons with psychosocial disabilities protected from torture and ill treatment in health practices? Were there plans to establish a national mechanism for the prevention of torture?
FLOYD MORRIS, Committee Expert and Taskforce Member, said there were a lot of instances of violence against women with disabilities, but no complaints were made, due to lack of accessible complaints mechanisms. What measures was the State taking to protect persons with disabilities, and ensure they could make the necessary complaints? What measures were being taken to address these issues and ensure restitution to victims of exploitation, violence and abuse? Were services free of charge?
ROSA IDALIA ALDANA SALGUERO, Committee Expert and Taskforce Member, asked what the State was doing to ensure the protection of persons with disabilities, with a view to promoting mental health access to all? What measures was the State taking to protect women and girls with disabilities, notably to avoid them being subjected to forced treatment, including family planning, without consent? What measures were being taken by the State to ensure that refugees and migrants with disabilities were cared for? In what ways was information for migrants in migration centres made accessible? Were refugees, asylum seekers and migrants provided with information in accessible format?
Information had been received that people with mental health problems were being chained up against their will and were subjected to ill treatment. There had been a case of a woman who had been detained and had not been fed. What kind of supervision, protection and care was provided? What resources were being provided by the State for a community-based strategy? What mechanisms were foreseen to allow persons with disabilities to live in the community and not in institutions? What measures were in place to ensure those attending schools could also have access to assistive devices? What measures was the State taking to ensure there were more transport vehicles accessible to persons with disabilities?
Responses by the Delegation
The delegation said incidents of the killing of children with disabilities were being monitored. There were no cases so far this year that the delegation was aware of. They had heard of such an incident during the preparation of the report and had tried to follow up on it. There was no concrete evidence as such. Killing a human being was a criminal offence in Ghana and the law protected everyone.
Vulnerable people were protected during emergencies. The Government had invested in equipment for persons with disabilities. A lot was being developed in the area of information technology to equip persons with disabilities. The Government believed that they would soon be able to reach all persons with disabilities with assistive devices. There were sign language interpreters in courts who were paid by the Government.
Community sensitisation programmes were organised to educate community people, including religious leaders, as they had influence within the community. Traditional leaders were sometimes used as agents of change to enable people to comply with the laws of the country. The Mental Health Act protected persons with disabilities, including those with mental health problems. The case concerning a person with albinism was being investigated. Once the Government had received the report, they would take necessary action.
A secretariat had been created which focused on domestic violence cases, working closely with the police service. Toll free services were available for victims. A domestic violence fund had also been created. Services at hospitals and clinics were not free of charge, however, the Ministry of Gender, Children and Social Protection had a fund which covered such expenses.
It was illegal for a health care provider to provide an abortion without consent. Consent forms were required to be signed before anything of this sort could be done. The Ghana Refugee Board assessed persons who were seeking refugee status within the country.
The Government provided exemptions to importers of assistive devices to help bring down the costs to ensure persons with disabilities would be able to afford them. There was currently an ongoing review of the transportation policy to ensure that commercial vehicles which were imported had a quota accessible to persons with disabilities. The Persons with Disabilities Bill had provisions dedicated to an accessible transport network.
Questions by Committee Experts
MIYEON KIM, Committee Expert and Taskforce Member, asked what steps the Ghanaian Government was taking to amend the Constitution and the Persons with Disabilities Act to ensure that persons with disabilities could exercise their full legal capacity on an equal basis with others? How did the Government plan to involve persons with disabilities more effectively in decision-making processes? Would the Mental Health Act be revised to remove derogatory terms and provisions which promoted guardianship? Women and girls with disabilities in Ghana reported that they faced gender-based violence at twice the rate of other women, often at the hands of family members. Harmful stereotypes and cultural beliefs contributed to their increased vulnerability. What measures were being taken to protect women and girls with disabilities from violence?
ROSA IDALIA ALDANA SALGUERO, Committee Expert and Taskforce Member, asked for clarification on how support centers operated. What resources were allocated to these centers? What State institutions were involved in this process? Were organizations of persons with disabilities involved in this process? Was there a plan or specific strategy which facilitated this process?
SAMUEL KABUE, Committee Expert and Taskforce Leader, said a lot of the issues raised during the dialogue had been associated with the Persons with Disabilities Bill. The Government would be holding elections in three months’ time and a bill that was not completed before then would be shelved and the process would have to start all over again. What was the exact timeline for the enactment of the Bill? Would it be enacted in the next two months? It had been reported that girls who had intellectual disabilities had gone to school and had been found to be injected with contraceptives. When they were pregnant, they sometimes underwent abortion without knowing what was happening to them. What measures were being taken to monitor these issues?
A Committee Expert said the law did not include provisions on persons with disabilities in cases of humanitarian disasters and emergencies. What measures were being taken by the State party to train and equip emergency teams to deal with persons with disabilities? Were there any plans to adopt a national emergency plan?
Another Expert said the members of the delegation were not answering any of the Committee’s questions nor addressing the Committee’s concerns. This was why the questions were being repeated. Regarding the unregulated camps, what measures were being taken to end institutionalism? Could persons with disabilities be included in the next census? They were being excluded and there was no clear data on their numbers.
An Expert asked what systems had been adopted to ensure free legal aid to persons with disabilities in legal proceedings? How was assessment linked to service delivery? Were there any laws in place to ensure legal recognition of supported decision-making instruments and ensure these arrangements respected the person’s autonomy?
A Committee Expert said there were many laws which had timeframes. After each law, there should be clear national and thematic actions plans with specific targets and timeframes. What was the challenge for Ghana to have a clear timeframe?
FLOYD MORRIS, Committee Expert and Taskforce Member, said if the Government was fully committed to passing legislation in this political year, there could be an undertaking that this would happen, due to the Westminster system.
AMALIA GAMIO, Committee Expert and Taskforce member, asked if Ghana would revise its Domestic Violence Act?
Responses by the Delegation
The delegation said Ghana was amending the Persons with Disabilities Act no. 715 to comply with the Convention. The 1992 Constitution contained derogatory terms which needed to be amended. The Constitutional Review Committee would work to review the sections that contained words that were not in compliance with the Convention. The current Persons with Disabilities Bill would complement the Mental Health Act to ensure that persons with psychosocial disabilities were part of decision-making processes. Some of the churches and faith-based institutions sometimes sheltered persons with psychosocial disabilities. Guidelines were in place to regulate these churches and shelters.
The Persons with Disabilities Act did not have specific provisions for women and girls with disabilities. The current 2024 bill contained extensive provisions for women and girls with disabilities, including in health, education and rehabilitation. Strategies had been adopted by traditional redress mechanisms, including the police, which would be firmed up following the adoption of the Persons with Disabilities Bill 2024. The myth around disability was gradually breaking down. There was an improvement in the attitude towards women and girls with disabilities. Police took complaints very seriously.
The Ministry of Gender, Children and Social Protection had a domestic violence secretariat and a trafficking secretariat. Both secretariats had funds which were used to cater for people who had been abused. There were toll free numbers which anybody could use to receive assistance. An application enabled cases to be dealt with and resolved. There were shelters under the Ministry which provided accommodation for victims. The Ministry also cooperated with other partners that had shelters.
The Ministry operated rehabilitation centres for persons with disabilities to enable them to learn skills. More than 400 persons with disabilities were equipped with technical and vocational skills in the centres. Institutional-based care was not promoted for anybody, including persons with disabilities.
Ghana was committed to ensuring that the interest of persons with disabilities was at the centre of the development agenda. Any bill went through certain processes and the Persons with Disabilities Bill would be worked on within the shortest possible time. However, a definite date could not be provided as the bill needed to go through parliament. As a country, Ghana would do all that was needed to pass the bill.
The Government took the issue of witches’ camps very seriously, taking great lengths to investigate and close them down immediately. What they were doing was against the human rights of the Ghanaian people.
Ghana had a national disaster management organization which dealt with disasters. This organization had revised its guidelines to include the protection of women, children and persons with disabilities.
Ghana had a legal aid commission which provided legal aid to all, including persons with disabilities. The State had revised the inclusive education policy, with a focus on assessment. Every year, the Ministry of Health and the Ministry of Education screened school children from kindergarten to check for disabilities and determine their status. This year, 500 schools had already been screened. Systems for community-based level reporting were in place. Ghana had a shelter for abused children run by the Department of Social Welfare. Ghana was a developing country, so it was short on resources, but it tried its best to do what it could for its people, including persons with disabilities.
Bills in Ghana went through processes. There could be issues raised on the floor of parliament that would need to be resolved. The Minister had provided personal assurance that the Ministry would drive the Persons with Disabilities Bill, but a definitive date of the passing of the bill in parliament could not be provided. Ghana had a hung parliament, meaning there was an equal number of seats held by the minority and majority. At this point, the Government did not have a clear majority; there needed to be both sides of the Ghanaian parliament on board. Ghana would drive the process to get the bill passed.
By law, every person in Ghana could make a decision on an issue which affected them. Persons with disabilities were involved in all plans concerning their rights. They needed to have a full say in these issues.
Questions by Committee Experts
GEREL DONDOVDORJ, Committee Expert and Taskforce Member, said there were gaps in legislation supporting the communication of persons with disabilities, particularly persons who were blind, hearing impaired, and those with an intellectual disability. What were the State’s plans to ensure the effective implementation of article 21 of the Constitution to ensure that all persons with disabilities had an equal opportunity to enjoy their rights of freedom of speech, expression and information? Did the State party have any plans to review legislation, including the Right to Information Act, to ensure all persons with disabilities received information in accessible formats, including sign language, Braille and Easy Read? Were there any plans to develop a strategy in this area? When would Ghanaian Sign Language be adopted as an official language in legislation?
Information had been received that persons with disabilities faced numerous challenges in terms of exercising their right to marriage, family and parenthood due to stigma and stereotypes. Were there plans to implement a comprehensive awareness raising programme on this issue and to promote the rights of persons with disabilities on the right to marriage, family and parenthood? The Committee had received information that the Mental Health Act restricted those under guardianship when it came to marriage. What measures would be taken to review this act and ensure that persons with disabilities, particularly those with intellectual and psychosocial disabilities, were free from any guardianship regime and had an equal opportunity to enjoy the family? Were there plans to develop comprehensive support services for parents with disabilities, taking into account the barriers they faced?
The Committee had received information that although the inclusive education policy was developed, there was a delay in launching it. Why was this? What was the timeframe for the launch? What was being done to ensure every child could be included in mainstream schools?
FLOYD MORRIS, Committee Expert and Taskforce Member, said there were around 2.9 million persons with disabilities in Ghana. Yet on the national health insurance scheme, only 3,800 persons with disabilities had been registered. What contributed to the low level of registration of persons with disabilities? What steps could be taken to increase the number of persons with disabilities on the insurance scheme? The medical model of disability was deeply entrenched in the Ghanaian healthcare system. What measures were put in place to train health professionals in the human rights approach to disability?
Ghana had established nine public rehabilitation centres across the country. How many persons with disabilities had been rehabilitated at these centres on an annual basis? What steps were being taken to get non-governmental organizations involved in more community-based rehabilitation throughout the country? How many persons with disabilities had received funding for their businesses under Government initiatives?
The Committee had received information that the National Council for Persons with Disabilities did not have a single person with a disability employed by the entity. Why was this the case? What actions would be taken to change this? How many people with disabilities had received social protection assistance from the three per cent Common Fund for persons with disabilities? How many persons with disabilities had been appointed to assemblies to participate in discussions at the local level? How many Parliamentarians had disabilities in Ghana? What measures were in place to assist these people?
Ghana had done extremely well in producing reputable and prominent persons with disabilities who participated internationally, including the Committee’s Chairperson. What measures were being put in place to ensure that individuals with psychosocial disabilities could participate on the international stage? What steps were being taken to bring the Copy Right Act into congruency with the Marrakech Treaty?
AMALIA GAMIO, Committee Expert and Taskforce member, said recently, in December 2023, Human Rights Watch reported that there were more than 5,000 prayer and traditional medicine camps in Ghana and that they were concerned about the violation of the rights of persons with disabilities in these camps. How was it ensured that the three per cent Common Fund really reached people with disabilities? What reforms were being undertaken to overhaul the programme?
A Committee Expert asked what plans existed to ensure that persons with disabilities could access post-secondary education? Were there plans to create scholarships or bursaries for students with disabilities in post-secondary education? What steps were being taken to ensure the training of university staff and officials to address issues affecting students with disabilities?
SAMUEL KABUE, Committee Expert and Taskforce Leader, said the Committee had been informed that there were many children who had never gone to school, due to distance and cost, coupled with their disability. What was the Government doing to ensure these children were in school? A significant imbalance between girls and boys had been reported in the education system. What was the Government doing to ensure there was a balance between the genders in the provision of educational services? The Committee had been told that the representatives of people with no capacity could have abortions authorised for them. How was the Government monitoring this process? Were there plans for an affirmative action or fund to be given to women with disabilities to enhance their livelihood?
An Expert asked if information could be provided on measures to eliminate any forms of forced labour for persons with disabilities?
GEREL DONDOVDORJ, Committee Expert and Taskforce Member, asked what had been done to ensure the privacy of persons with disabilities in hospitals?
Another Expert asked what measures were being taken to improve children’s education, particularly children with autism? What provisions were being made for these children so they could have support in schools?
Responses by the Delegation
The delegation said Ghana had passed the Right to Information Act which required agencies to provide information in any format requested. There was evidence of Ministries being fined for not giving people the material they had requested in the format they requested. Accessible websites were a new area being developed by the National Information Technology Agency. The National Information Technology Policy of 2023 mainstreamed issues of disability and how to improve access to communication. This was a challenge the Government had identified and was a work in progress.
In the national medium-term policy framework, there were plans to develop national inclusion strategies to guide how the country could be inclusive. Currently, sign language interpretation had been approved as a profession with a career progression grid. Most of the programmes on national television used sign language interpretation. Training was ongoing on tactile communication for the deaf-blind. All Government portals would be made accessible so that blind and deaf people could navigate these by themselves. Health-related information on media was not provided in an accessible format for persons with disabilities. There were plans to develop a national accessibility strategy through the Ghana digital acceleration project. The Persons with Disabilities Bill 2024 had provisions emphasising that Ghanaian sign language was an official language. The Bill also contained provisions obligating awareness creation and the development of guidelines and strategies to ensure the provisions were implemented.
The Persons with Disability Bill 2024 would also benefit persons with psychosocial disabilities. The adoption of the bill would trigger the amendment of other acts, including the Mental Health Act, in due course. The inclusive education policy 2024 had been revised and was still in progress. The policy would be launched at the end of the year. There was currently a pilot project in six mainstream schools and five special schools, where students participated in an exchange, and teachers supervised to ensure inclusion. Once the pilot project was complete, the feedback would inform how Ghana would ensure that all schools were inclusive. The special schools would then be turned into resource centres.
The national health insurance scheme in Ghana covered over 95 per cent of diseases. Persons with disabilities could have access to the health insurance scheme. The number of persons with disabilities was actually 2.09 million. The Government had ensured that there would be no cost to persons with disabilities to be registered in the national health insurance scheme. More education was needed to raise awareness on that. The State would continue to educate people in this regard. It was hoped that the numbers of registrations would increase, and that soon there would be 80 per cent of persons with disabilities registered in the national health insurance scheme. Doctors and health professionals would be trained in the area of human rights. The delegation did not have data on hand for several questions, but would provide this later.
There was a person with a physical disability on the National Council for Persons with Disabilities, as well as blind persons. Seventy per cent of the staff of the National Council were mandated to be persons with disabilities. As of 2023, 1,160 persons with disabilities had benefitted from access to the three per cent Common Fund.
In 2023, some persons were appointed as unit committee members by the Government at the district level. In 2023, 73 persons with disabilities were elected as unit committee members. The new Persons with Disabilities Bill contained provisions to ensure the Marrakech Treaty was well implemented.
Social protection for persons with disabilities was provided for under the new bill. The Enterprise Support Grant also supported persons with disabilities. There was monitoring to ensure the grant was used for its intended purpose. Productive inclusion projects for persons with disabilities were also being implemented.
Within the revised education policy, municipal assemblies had been tasked to increase allocation for infrastructure in the schools. An agency was recently formed which sought to look after students who dropped out of school. A gender education policy was in progress to ensure both boys and girls were well educated within the education system.
The charter developed by the Ghanaian health services provided for the right to privacy for all patients. The Data Protection Act mandated that anyone who collected information on any person was responsible for the privacy of that information. Because of the system used in collecting data during the census, Ghana had received information on children not in school. There was a limitation on the instruments used, so this would be enhanced in the next run of data.
Issues of forced labour could be reported to labour inspection offices. The Government tried to allocate as many resources as possible to facilitate the work of persons with disabilities. Ghana mandated equal pay for equal work.
Concluding Remarks
DAKOA NEWMAN, Minister for Gender, Children and Social Protection of Ghana and head of the delegation, expressed gratitude to the Committee for the opportunity to discuss Ghana’s progress in recognising the rights of persons with disabilities. Ghana acknowledged the challenges which remained and reaffirmed its unwavering commitment to addressing them. Ghana had made significant strides in inclusive education and was committed to creating an accessible built environment. The State was committed to aligning its laws with the Convention and would collaborate with persons with disabilities, civil society and international partners to create inclusive policies.
SAMUEL KABUE, Committee Expert and Coordinator of the Taskforce, thanked the Ghanaian delegation for the dialogue. The Committee was thankful that the delegation had demonstrated commitment to the welfare of persons with disabilities in the State. However, the Committee was concerned that most intentions were based on a bill whose enactment was indefinite, given that it was only a couple of months before the country would be readying for general elections in December, which could mean the process of the bill would be restarted, should the Government change before it was enacted. The Committee was further concerned that the African Protocol on Disability had yet to be ratified, among other issues. It was hoped these issues would be addressed.
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CRPD24.014E