International instruments affecting people with a disability in South Africa: viability for promoting democratic governance and citizen rights

Abstract

While the democratisation of South Africa incorporated political change, a concurrent requirement was placed on the government-of-the-day to develop a transformed normative framework. The necessity for a normative framework continues to be an essential platform for the practice of democratic governance in South Africa. Emphasis remains on the promotion of the democratic rights of persons with disabilities within a global context. In light of the ‘new’ dispensation, the challenges faced by persons with disabilities have come under the spotlight. International instruments relevant to persons with disabilities have served as a compass for the South African government. The international framework pertinent to persons with disabilities has provided a normative basis for the fair treatment and promotion of equal rights for such persons in the South African context. Questions have been raised regarding the viability of these international instruments in providing an effective normative framework for enhanced democratic governance and positive representation of the rights of persons with disabilities.