The Rights of Persons with Disabilities in Nigeria: Legal Framework, Access to Justice, and Inclusion II

Disability refers to a condition that limits a person’s movement, senses, or activities, affecting their participation in various aspects of life. In Nigeria, persons with disabilities have historically faced systemic discrimination and exclusion from education, employment, and social participation^[1]. Although there have been significant legal reforms to protect the rights of Persons with disabilities, challenges remain, particularly in the area of access to justice. This article examines the legal framework protecting the rights of persons with disabilities in Nigeria and highlights the barriers that lawyers with disabilities and litigants face in accessing justice. It also discusses the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa, adopted by the African Union, and its relevance in promoting disability rights in Nigeria^[2].

Access to Justice: Equal Right to Access Justice for Lawyers and Litigants

Access to justice is a fundamental principle of any democratic society, ensuring that all individuals, regardless of their status, wealth, or position, can seek legal remedies for their grievances. It encompasses both the right to have disputes resolved through a fair and impartial legal process and the opportunity to do so without facing unjust barriers. Equal access to justice is essential not only for the protection of individual rights but also for maintaining trust in the rule of law and democratic institutions^[3].

Access to justice refers to the ability of individuals whether lawyers or litigants to effectively participate in the legal process, ensuring that they can seek redress, assert their rights, and receive a fair hearing in court. This includes both the ability to physically access courts and legal services, as well as the ability to understand and navigate complex legal systems^[4].

Access to justice is a universal right, but for persons with disabilities, including lawyers and litigants, navigating the legal system presents unique and significant barriers^[5]. For lawyers living with disabilities, the barriers extend beyond the physical challenges of accessing courtrooms to include systemic exclusions from the profession and inadequate representation in legal spaces. Similarly, litigants with disabilities face obstacles in seeking legal redress due to inaccessible infrastructure and a general lack of support. However, the situation of lawyers living with disabilities deserves particular attention, as they represent a group that plays a pivotal role in advocating for the rights of others but often faces their own struggles in being fully included in the legal system^[6].

One of the primary challenges that lawyers with disabilities face is physical access to legal spaces, such as courtrooms and law offices. Courts, including the Federal High Court in Abuja and the High Court of most states in Nigeria, are often not equipped with proper accessibility features, such as ramps or lifts that accommodate individuals with mobility impairments. The only available lift in many courts, such as the one in Abuja, is designated for use by judges, leaving litigants and lawyers with disabilities to navigate steep stairs without support. This exclusion from essential spaces not only hinders the ability of lawyers with disabilities to perform their duties but also sends a powerful, negative message about their place in the legal profession.

In addition to physical and infrastructural barriers, lawyers with disabilities also face social and professional challenges that stem from a lack of awareness and sensitivity about disability within the legal profession. Discriminatory attitudes, inadequate training for colleagues and staff, and a general lack of understanding about the rights and capabilities of lawyers with disabilities often contribute to their marginalization^[7]. The result is that many lawyers with disabilities are either excluded from the profession or forced to work in environments that are not supportive of their needs, leading to reduced opportunities for professional advancement^[8].

The Challenges Faced by Lawyers with Disabilities in Accessing Justice

Access to justice for persons with disabilities in Nigeria faces numerous barriers, particularly for litigants seeking to engage with the legal system^[9]. Despite legal frameworks aimed at protecting the rights of persons with disability, the practical implementation of these laws is still in progress. Several challenges prevent them from fully participating in legal proceedings. These include:

1. Physical Accessibility^[10]
   • Inaccessible Court Buildings: Many courtrooms and government offices in Nigeria lack basic accessibility features for persons with physical disabilities. Most court buildings are not equipped with wheelchair ramps, elevators, or other necessary modifications, making it difficult or impossible for persons with disabilities, especially those with mobility impairments, to access these spaces.
   • Inadequate Transportation: Public transportation in Nigeria is also not accessible for persons with disabilities, making it challenging for litigants to attend hearings or access legal services in court. This issue is particularly acute in rural areas, where transportation infrastructure is even less accommodating.
2. Communication Barriers^[11]
   • Lack of Sign Language Interpreters: In legal proceedings, persons with hearing impairments are often unable to fully participate due to the absence of sign language interpreters in courts. This lack of access to interpreters limits their ability to understand the proceedings, communicate effectively with legal practitioners, or present their cases.
   • Inaccessible Legal Documents: Legal documentation, such as court forms, judgments, and evidence, is typically not provided in accessible formats for people with visual impairments. The absence of materials in braille, audio format, or large print means that visually impaired litigants are excluded from fully participating in the legal process.
   • Limited Use of Technology: While technology could facilitate greater inclusion such as providing real-time captions, video conferencing for remote hearings, or using screen readers many courts in Nigeria lack these tools. The lack of investment in assistive technology further hinders persons with disabilities ability to access justice.
3. Attitudinal Barriers^[12]
   • Discrimination and Stigma: Many legal professionals, including judges, lawyers, and court staff, still hold prejudiced views about persons with disabilities. This can manifest in dismissive attitudes toward their competence, undermining their confidence and willingness to participate fully in legal proceedings. Litigants with disabilities may also encounter stereotypes, such as being seen as less capable of understanding legal matters or being taken seriously in the courtroom.
   • Lack of Disability Awareness among Legal Practitioners: Despite training initiatives, many judges and lawyers lack sufficient understanding of disability rights and the specific accommodations that persons with disabilities require. This leads to misunderstandings or outright denial of necessary adjustments in legal proceedings, such as allowing extra time for testimony or providing appropriate accommodations during hearings.
4. Social and Professional Exclusion^[13]
   • Discriminatory attitudes and a lack of understanding about the abilities and rights of lawyers with disabilities continue to marginalize them within the profession. These social barriers, compounded by inadequate training and awareness among legal colleagues, further exclude individuals with disabilities from meaningful participation in legal practice. As a result, many lawyers with disabilities are either forced to work in environments that do not support their needs or are discouraged from pursuing a legal career altogether.

Legal and Policy Frameworks Promoting Inclusivity

United Nations Convention on the Rights of Persons with Disabilities

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) provides a key framework for promoting equality and eliminating discrimination against persons with disabilities. It affirms that all individuals are equal before the law and entitled to equal protection, ensuring that persons with disabilities, including lawyers and litigants, have full access to the legal system without facing discrimination^[14].

The Convention requires States to prohibit any form of disability-based discrimination and guarantee effective legal protection for persons with disabilities. It also emphasizes the need for reasonable accommodations to enable persons with disabilities to participate fully in legal proceedings. These accommodations may include accessible courtrooms, sign language interpreters, or alternative formats for legal documents, ensuring that individuals can engage with the legal process on an equal footing^[15].

Furthermore, the Convention allows for specific measures to address inequalities faced by persons with disabilities, ensuring that they receive the necessary support to fully engage in legal practice and access justice. These provisions highlight the need for systemic reforms in Nigeria to remove the barriers that persons with disabilities face in accessing justice^[16].

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities

The Protocol provides for Persons with disabilities are entitled to equal protection under the law, with no discrimination based on disability. Reasonable accommodations must be provided to ensure their full participation in society^[17]. They also have the right to be recognized as equal before the law, with the same legal capacity as others, allowing them to make decisions regarding their personal and property matters^[18].

Best Practices for Ensuring Inclusivity

• Inclusive Legal Education: Law schools and continuing legal education programs should incorporate training on disability rights, accessibility, and inclusive practices for law students and legal practitioners.
• Technological Solutions: Speech recognition software, screen readers, or video conferencing tools for remote hearings can assist persons with disabilities in accessing legal services or participating in legal proceedings.
• Accessible Legal Documents: Advocating for the availability of legal documents in accessible formats such as braille, large print, or easy-to-read language.
• Courtroom Accommodations: Courts can make accommodations for persons with disabilities, including physical accessibility, communication supports like sign language interpreters or real-time captioning, and flexibility in procedures for those with cognitive disabilities.
• Anti-Discrimination Policies: There is a need for robust anti-discrimination laws and workplace accommodations for lawyers with disabilities, ensuring that legal firms and organizations are inclusive in their hiring and professional advancement practices.

Conclusion

While Nigeria has made significant strides in providing a legal framework for the rights of persons with disabilities, numerous barriers remain in ensuring full access to justice for both lawyers and litigants with disabilities. Overcoming physical, social, and procedural barriers, as well as ensuring effective enforcement of disability-inclusive policies, is crucial to promoting true equality before the law. Legal reforms, greater awareness, infrastructural improvements, and the integration of technological solutions are necessary to achieve a fully inclusive legal system where persons with disabilities can access justice on an equal footing with others. By addressing these challenges, Nigeria can move closer to realizing the full rights and potential of its citizens with disabilities, ultimately fostering a more inclusive and just society for all.

Snippet: Legal protections for persons with disabilities in Nigeria, focusing on challenges they face in accessing justice. It highlights issues like inaccessible courtrooms, lack of accommodations, and social barriers that affect both lawyers and litigants with disabilities. The article also discusses international frameworks, such as the United Nations Convention on the Rights of Persons with Disabilities, and calls for reforms to ensure equal access to justice for all.

1. World Health Organization, Disability https://www.who.int/health-topics/disability#tab=tab_1?subject=https://www.who.int/health-topics/disability#tab=tab_1 accessed on the 25^th November 2024 ↑
2. Section 57. Discrimination Against Persons with Disabilities (Prohibition) Act 2018. ↑
3. CO Adekunle, “Access to Justice in Nigeria: An ExtrapolativeAppraisal of Its Socio-Legal Barriers” 2015, 20 The Jurist, Essays in Honour of Mr.Layi Babatunde SAN (Law Students’ Society Faculty of Law, University of Ilorin) 287 – 30 ↑
4. Disability Statute and Amenability in Nigeria https://www.eajournals.org/wp-content/uploads/Disability-Statute-and-Amenability-in-Nigeria.pdf?subject=https://www.eajournals.org/wp-content/uploads/Disability-Statute-and-Amenability-in-Nigeria.pdf accessed on 25th November 2024 ↑
5. Disability Statute and Amenability in NigeriaDisability Statute and Amenability in Nigeria: Reinforcing Enforcement and Compliance with Guidance Counselling Enlightenment https://www.eajournals.org/wp-content/uploads/Disability-Statute-and-Amenability-in-Nigeria.pdf?subject=https://www.eajournals.org/wp-content/uploads/Disability-Statute-and-Amenability-in-Nigeria.pdf accessed on 25th November 2024 ↑
6. Ibad ↑
7. Chinwe Stella Umegbolu Access to Justice for People with Disability inNigeria: Therapeutic Day Care Centre (TDCC) as a Case Study https://cris.brighton.ac.uk/ws/portalfiles/portal/22719148/2021_1_X_Y_Umegbolu.pdf?subject=https://cris.brighton.ac.uk/ws/portalfiles/portal/22719148/2021_1_X_Y_Umegbolu.pdf accessed 25^th November 2024 ↑
8. Ibad ↑
9. O Abosi and T L Koay, “Attaining Development Goals of Children with Disabilities: Implicationsfor Inclusive Education” 2008 23(3) International Journal of Special Education 1 – 10. ↑
10. Persons With Disabilities In Situations Of Risk And Humanitarian Emergencie https://www.amnesty.org/en/documents/ior40/6454/2023/en/?subject=https://www.amnesty.org/en/documents/ior40/6454/2023/en/ accessed 25^th November 2024 ↑
11. Ibad ↑
12. Amnesty International Persons With Disabilities In Situations Of Risk And Humanitarian Emergencies https://www.amnesty.org/en/wp-content/uploads/2023/03/IOR4064542023ENGLISH.pdf?subject=https://www.amnesty.org/en/wp-content/uploads/2023/03/IOR4064542023ENGLISH.pdf accessed 25th November 2024. ↑
13. Ibad ↑
14. United Nations Convention on the Rights of Persons with Disabilities Article 5 (1) ↑
15. United Nations Convention on the Rights of Persons with Disabilities Article 5 (2) ↑
16. United Nations Convention on the Rights of Persons with Disabilities Article 5 (4) ↑
17. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities Article 6 ↑
18. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities Article 7 ↑