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White Paper on the Rights of Persons with Disabilities ...

This gazette is also available free online at No. 39792 GOVERNMENT GAZETTE, 9 MARCH 2016 Government notices GoewermentskennisGewinGsSocial Development, Department of/ Maatskaplike Ontwikkeling, Departement vanDEPARTMENT OF SOCIAL DEVELOPMENTNO. 230 09 MARCH 2016230 White Paper on the Rights of Persons with Disabilities : Official Publication and Gazetting of the White Paper on the Rights of Persons with Disabilities 397921 DEPARTMENT OF SOCIAL DEVELOPMENT NOTICE NO: _____ DATE: 10 February 2016 White Paper ON THE Rights OF Persons WITH Disabilities OFFICIAL PUBLICATION AND GAZETTING OF THE White Paper ON THE Rights OF Persons WITH Disabilities I, Bathabile Olive Dlamini, Minister of Social Development, hereby publish the White Paper on the Rights of Persons with Disabilities which was approved by the Cabinet on the 9th of December 2015, for public information.

• Strategic Pillar 4: Promoting and Supporting the Empowerment of Children, Women, Youth and Persons with Disabilities ... public entities, the private sector and civil society at large, as well as the South African Human Rights Commission (SAHRC). It incorporates submissions received through, among others, the following processes:

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Transcription of White Paper on the Rights of Persons with Disabilities ...

1 This gazette is also available free online at No. 39792 GOVERNMENT GAZETTE, 9 MARCH 2016 Government notices GoewermentskennisGewinGsSocial Development, Department of/ Maatskaplike Ontwikkeling, Departement vanDEPARTMENT OF SOCIAL DEVELOPMENTNO. 230 09 MARCH 2016230 White Paper on the Rights of Persons with Disabilities : Official Publication and Gazetting of the White Paper on the Rights of Persons with Disabilities 397921 DEPARTMENT OF SOCIAL DEVELOPMENT NOTICE NO: _____ DATE: 10 February 2016 White Paper ON THE Rights OF Persons WITH Disabilities OFFICIAL PUBLICATION AND GAZETTING OF THE White Paper ON THE Rights OF Persons WITH Disabilities I, Bathabile Olive Dlamini, Minister of Social Development, hereby publish the White Paper on the Rights of Persons with Disabilities which was approved by the Cabinet on the 9th of December 2015, for public information.

2 Ms BO DLAMINI, MP MINISTER OF SOCIAL DEVELOPMENT DATE: This gazette is also available free online at STAATSKOERANT, 9 MAART 2016 No. 39792 5 White Paper ON THE Rights OF Persons WITH Disabilities Approved by Cabinet on 9 December 2015 This gazette is also available free online at No. 39792 GOVERNMENT GAZETTE, 9 MARCH 2016 Everyone is equal before the law and has the right to equal protection and benefit of the law. Equality includes the full and equal enjoyment of all Rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance Persons or categories of Persons , disadvantaged by unfair discrimination may be taken.

3 The Constitution of the Republic of South Africa, 1996 FOREWORD BY THE MINISTER 'Human dignity cannot be fully valued or respected unless individuals are able to develop their 'humanness' to the full extent of its potential. Each human being is uniquely talented. Part of the dignity of every human being is the fact and awareness of this uniqueness. An individual's human dignity cannot be fully respected or valued unless the individual is permitted to develop his or her talents optimally.' Constitutional Court, 1996 This gazette is also available free online at STAATSKOERANT, 9 MAART 2016 No. 39792 7 It gives me great pleasure and honour to introduce the White Paper on the Rights of Persons with Disabilities , the first ever policy document in South Africa.

4 The White Paper takes its cue from the Constitution of the Republic of South Africa and a number of international instruments, including the Convention on the Rights of Persons with Disabilities and its Optional Protocol, Vienna Declaration and Programme of Action, the Copenhagen Declaration and Programme of Action and the recently adopted Sustainable Development Goals which reaffirm the human Rights of Persons with Disabilities . The White Paper is a crucial step along the journey of improving the lives of Persons with Disabilities and moves us closer to a fully inclusive society for all as envisioned in the Freedom Charter which unambiguously stated that South Africa belongs to all who live in it . It builds on the progressive policies and programmes that our government has and continue to implement to over the past number of years to make more positive and meaningful change for Persons with Disabilities and their families.

5 In line with the National Development Plan, the White Paper specific prioritises actions that require more than one government department or entity to work together as many of the barriers that Persons with Disabilities experience span different government entities. The White Paper is a call to action for government, civil society and the private sector to work together to ensure the socio-economic inclusion of Persons with Disabilities . We therefore seek to create a caring and inclusive society that protects and develops the human potential of its children, a society for all where Persons with Disabilities enjoy the same Rights as their fellow citizens, and where all citizens and institutions share equal responsibility for building such a society.

6 This White Paper is intended to accelerate transformation and redress with regard to full inclusion, integration and equality for Persons with Disabilities . We believe that the WPRPD and its Implementation Matrix will offer both the public , private and civil society sectors a tangible platform to do things differently to expedite the process of improving the quality of life of Persons with Disabilities and their families. We are currently seized with the task of investing in early learning opportunities for children with Disabilities to ensure that children and young people with Disabilities are empowered to meet the needs of the 21st century MS BATHABILE DLAMINI, MP MINISTER OF SOCIAL DEVELOPMENT REPUBLIC OF SOUTH AFRICAThis gazette is also available free online at No.

7 39792 GOVERNMENT GAZETTE, 9 MARCH 2016 OVERVIEW BY THE DEPUTY MINISTER The foundation for this White Paper on the Rights of Persons with Disabilities (WPRPD) was laid by socio-political activists with Disabilities , who, after an extensive community-based consultative process, adopted the Disability Rights Charter of South Africa in 1992. This Charter, founded on the principles enshrined in the 1955 Freedom Charter, informed, and continues to inform, the promotion and protection of the Rights of Persons with Disabilities in South Africa. This WPRPD: Updates South Africa s 1997 White Paper on an Integrated National Disability Strategy (INDS), Integrates obligations of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and in the Continental Plan of Action for the African Decade of Persons with Disabilities (both of which South Africa has signed)

8 , with South Africa s legislation, policy frameworks and the National Development Plan 2030, Endorses a mainstreaming trajectory for realising the Rights of Persons with Disabilities , Provides clarity on and guides the development of standard operating procedures for mainstreaming disability, Guides the review of all existing, and the development of new, sectoral policies, programmes, budgets and reporting systems to bring these in line with both Constitutional and international treaty obligations, Stipulates norms and standards for the removal of discriminatory barriers that perpetuate the exclusion and segregation of Persons with Disabilities , Broadly outlines the responsibilities and accountabilities of the various stakeholders involved in providing barrier-free, appropriate, effective, efficient and coordinated service delivery to Persons with Disabilities , and Guides self-representation of Persons with Disabilities .

9 It is important to state upfront that the WPRPD does not introduce a policy shift. Nor does it replace any sector specific policies on disability. It reiterates that the primary responsibility for disability equity lies with national, provincial and local government; and other sectors of society but also allocates responsibilities to Persons with Disabilities and their families. The vision of the WPRPD is the creation of free and just society inclusive of all Persons with Disabilities as equal citizens . This gazette is also available free online at STAATSKOERANT, 9 MAART 2016 No. 39792 9 It commits duty bearers to realising the Rights of Persons with Disabilities by: Accelerating implementation of existing legislation that advocates equality for Persons with Disabilities ; Taking calculated action to ensure that their Rights as equal Persons are upheld; Removing discriminatory barriers to access and participation; Ensuring that universal design informs access and participation in the planning, budgeting and service delivery value chain of all programmes; Recognising the right to self-representation.

10 Acknowledging that not all Persons with Disabilities are alike, and that personal circumstances, gender, age, sexuality, religious and cultural backgrounds, geographical location, requires different responses; and Embedding the obligations contained in the UN Convention on the Rights of Persons with Disabilities in legislation, policy and service delivery. The WPRPD is built on nine (9) Strategic pillars : Strategic Pillar 1: Removing Barriers to Access and Participation Strategic Pillar 2: Protecting the Rights of Persons at risk of Compounded Marginalisation Strategic Pillar 3: Supporting Sustainable Integrated Community Life Strategic pillar 4 : Promoting and Supporting the Empowerment of Children, Women, Youth and Persons with Disabilities Strategic Pillar 5: Reducing Economic Vulnerability and Releasing Human Capital Strategic Pillar 6: Strengthening the Representative Voice of Persons with Disabilities Strategic Pillar 7: Building a Disability Equitable State Machinery Strategic Pillar 8: Promoting International Co-operation Strategic Pillar 9.


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