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Case laws in Kenya that speaks on people with psychological and intellectual disabilities
Introduction
In Kenya, the rights and welfare of persons with psychological and intellectual disabilities are protected under various legal frameworks. These frameworks include the Constitution of Kenya, the Persons with Disabilities Act, and several case laws that have been instrumental in shaping the legal landscape for persons with disabilities. This article will delve into the relevant case laws in Kenya that address the rights and protections of individuals with psychological and intellectual disabilities.
Table of Contents
The Constitutional Framework
The Persons with Disabilities Act
Key Case Laws
Petition 155A of 2011
Shattering the Glass Ceiling: Ensuring the Right to Vote for Persons with Disabilities
Conclusion
1. The Constitutional Framework
The Constitution of Kenya, 2010, provides a robust framework for the protection of the rights of persons with disabilities. Article 54 specifically addresses the rights of persons with disabilities, ensuring they are treated with dignity and respect, and are entitled to access educational institutions and facilities, among other rights.
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2. The Persons with Disabilities Act
The Persons with Disabilities Act, 2003, is a comprehensive piece of legislation that outlines the rights and privileges of persons with disabilities in Kenya. It covers various aspects such as employment, education, health, and accessibility, ensuring that persons with disabilities are not discriminated against and are provided with equal opportunities.
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3. Key Case Laws
3.1 Petition 155A of 2011
One of the landmark cases in Kenya concerning the rights of persons with psychological and intellectual disabilities is Petition 155A of 2011. This case was pivotal in addressing the rights and welfare of Kenyans with mental, intellectual, and psychosocial disabilities. The court's decision emphasized the need for the state to ensure that persons with disabilities are not discriminated against and are provided with the necessary support to live dignified lives.
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3.2 Shattering the Glass Ceiling: Ensuring the Right to Vote for Persons with Disabilities
Another significant case is discussed in the article "Shattering the Glass Ceiling: Ensuring the Right to Vote for Persons with Disabilities." This case explored whether persons with mental illnesses or intellectual disabilities should be disenfranchised. The court ruled that Kenyan law does not forbid persons with disabilities from voting, thereby upholding their right to participate in the electoral process.
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Conclusion
The legal landscape in Kenya has made significant strides in protecting the rights of persons with psychological and intellectual disabilities. The Constitution of Kenya, the Persons with Disabilities Act, and various case laws have collectively ensured that these individuals are treated with dignity and respect, and are provided with equal opportunities in all spheres of life. The cases discussed above highlight the judiciary's role in upholding the rights of persons with disabilities and ensuring that they are not discriminated against.
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