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ABSTRACT
This article addresses two important human rights issues: disability rights and the right to education. Inclusive education requires accessible built teaching environments. However, few empirical studies address the accessibility of university built environments in a human rights context. The case study involved a normative empirical approach in which questionnaires and interviews were used to ascertain the perceptions of persons with disabilities (PWDs) about the built environment of selected universities in Ghana and the priority given to persons with disabilities in administrative decision-making about accessibility. This study reveals some of the challenges many university students face in terms of communication, transportation and physical environment. The study shows that students perceive that the university administration treats the concerns of students with disabilities as an afterthought. This is arguably the result of (and made worse by) a weak legal and regulatory framework. Based on these findings, this article will provide recommendations that may help protect the rights of students with disabilities. These include the need for the universities to enact and enforce policies pertaining to persons with disabilities and for the National Accreditation Board to review its accreditation standards.
Notes
1 Franklin Oduro, ‘The Quest for Inclusion and Citizenship in Ghana: Challenges and Prospects’ (2009) 13(6) Citizenship Studies 621; World Health Organisation (WHO), World Report on Disability (World Health Organisation Press 2011).
2 United Nations Children's Fund (UNICEF), ‘Children and Young People with Disabilities: Fact Sheet May 2013’ (UNICEF 2013) <www.unicef.org/disabilities/files/Factsheet_A5__Web_NEW.pdf> accessed 27 October 2016.
3 Bill Albert and Rachel Hurst, ‘Disability and a Human Rights Approach to Development’ (Disability Knowledge and Research, Briefing Paper, 2004) <http://hpod.org/pdf/human-rights-approach.pdf> accessed 17 July 2013; Department for International Development ‘Disability Core Script’ (DFID 2010) <[email protected]> accessed 5 December 2010; WHO (n 1).
4 UNICEF (n 2).
5 Daniel Mont ‘Measuring Disability Prevalence’ (2007) SP Discussion Paper No 0706, Disability & Development Team, HDNSP, The World Bank, March 2007; Nora Groce, Maria Kett, Raymond Lang and Jean-Francois Trani ‘Disability and Poverty: The Need for a More Nuanced Understanding of Implications for Development Policy and Practice’ (2011) 32(8) Third World Quarterly 1493; Lauren Graham, Jacqueline Moodley and Lisa Selipsky ‘The Disability–Poverty Nexus and the Case for a Capabilities Approach: Evidence from Johannesburg, South Africa’ (2013) 28(3) Disability and Society 324.
6 WHO (n 1) 9–10.
7 Nora Ellen Groce, ‘HIV/ AIDS and Individuals with Disabilities’ (2005) 8(2) Health and Human Rights 215; Groce and others (n 5).
8 UN Department of Economic and Social Affairs (UN DESA), ‘Disability Indicators for the SDGs’ (UN DESA/DSPS/Secretariat for the Convention on the Rights of Persons with Disabilities, with contributions and support from the World Health Organization, 2015) <www.un.org/disabilities/documents/disability_indicators_aug_2015.docx> accessed 27 April 2016.
9 United Nations Development Programme (UNDP), ‘UN Enable: Development and Human Rights For All’ (UNDP 2014) <http://www.un.org/disabilities/default.asp?id=18> accessed 4 October 2013.
10 Louis O Oyaro, ‘Africa at Crossroads: The United Nations Convention on the Rights of Persons with Disabilities’ (2015) 30(2) American University International Law Review 347.
11 Voice Ghana (Voice of People with Disability), ‘Political Governance or Persons with Disabilities: A Study on the Level of Participation of Persons with Disabilities in Local Governance’ (Sponsored by Open Society Initiative for West Africa, OSIWA, 2014) <http://voiceghana.org/downloads/Research%20on%20Political%20Governance%20for%20PWDs.pdf> accessed 4 June 2016.
12 Osman Mensah, Jody Williams, Richmond Atta-Ankomah and Mboje Mjomba, Strengthening the Disability Movement in Ghana through Organizational Capacity and Advocacy: Contextual Analysis of the Disability Situation in Ghana, Accra (JKM Research Consulting 2008) <www.gfdgh.org/Context%20analysis.pdf> accessed 23 March 2016.
13 ibid.
14 Ghana Statistical Services (GSS), 2010 Population Census, National Analytical Report (Accra, Ghana Statistical Service 2013).
15 United Nations, Universal Declaration of Human Rights, 10 December 1948, 217 A (III) <www.un.org/en/universal-declaration-human-rights/> accessed 13 October 2014.
16 Peter Gibilisco, Politics, Disability and Social Inclusion: People with Different Abilities in the 21st Century (VDM Publishing 2010); Sophie Mitra, Aleksandra Posarac and Brandon Vick ‘Disability and Poverty in Developing Countries: A Snapshot from the World Health Survey’ (SP Discussion Paper No 1109, Social Protection and Labor, The World Bank Social Protection and Labor Unit, Human Development Network, HDNSP, 2011) <http://documents.worldbank.org/curated/en/501871468326189306/Disability-and-poverty-in-developing-countries-a-snapshot-from-the-world-health-survey;jsessionid=NmOT5lPFF+Wlmykzt8BP8mwC> accessed 23 March 2016; Kamal Lamichhane and Tomoo Okubo, ‘The Nexus between Disability, Education, and Employment: Evidence from Nepal’ (2014) 42(3) Oxford Development Studies 439.
17 UN Enable, ‘Disability-Inclusive Sustainable Development Goals: 2030 Agenda for Sustainable Development’ (2016) <www.un.org/disabilities/documents/sdgs/disability_inclusive_sdgs.pdf> accessed 27 April 2016.
18 Rehabilitation International, ‘Sustainable Development Goals: Disability Inclusion in Development’ (2015) <www.riglobal.org/sustainable-development-goals-disability-inclusion-in-development/> accessed 27 April 2016; UN Enable (n 17).
19 ADD (Action on Disability and Development) International, ‘The Value of Mainstreaming’ (2015) <www.add.org.uk/sites/default/files/ADD_The_Value_of_Mainstreaming_2016_1.pdf > accessed 27 October 2016.
20 WHO (n 1).
21 Convention on the Rights of Persons with Disabilities (CRPD) (Adopted 13 December 2006, entered into force 3 May 2008) <www.un.org/disabilities/documents/convention/convention_accessible_pdf.pdf> accessed 30 August 2011.
22 United Nations, ‘From Exclusion to Equality: Realizing the Rights of Persons with Disabilities, Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities and its Optional Protocol’ (2007) <www.un.org/disabilities/documents/toolaction/ipuhb.pdf> accessed 4 August 2016.
23 Talhatu Kolapo Hamzat and OO Dada, ‘Wheelchair Accessibility of Public Buildings in Ibadan, Nigeria’ (2005) 16(2) Asia Pacific Disability Rehabilitation Journal 115; Lily C Fidzani, Gertrude R Mafatlane, Ndiko Sechaba and others, ‘Accessibility of University of Botswana Main Campus Buildings to Wheelchair Users’ (2013) 27(1) Botswana Journal of African Studies 125; Emmanuel Kofi Gavu, Eric Paul Tudzi and Siba Ahmed Shani, ‘The Level of Accessibility of Tertiary Educational Facilities in Ghana after the Passage of the Persons with Disability Act 2006, Act 715’ (American Real Estate Society Conference, Sanibel Harbour Marriott Fort Myers, Florida, 14–18 April 2015).
24 Eric Paul Tudzi, Emmanuel Kofi Gavu, Jonathan Zinzi Ayitey and Naana Amakie Boakye-Agyeman, ‘Corporate Real Estate Management: A Survey of Literature’ in Edward Badu, Joshua Ayarkwa, Divine Ahadzie and others (eds), Proceedings of 4th International Conference on Infrastructure Development in Africa (ICIDA) (Kumasi, KNUST ICIDA Secretariat 2015) 720–740.
25 Chris Heywood, ‘Approaches to Aligning Corporate Real Estate and Organizational Strategy’ (The European Real Estate Society Conference, Eindhoven, The Netherlands, 15–18 June 2011); Barry P Haynes, ‘Corporate Real Estate Asset Management: Aligned Vision’ (2012) 14 Journal of Corporate Real Estate 244.
26 Convention on the Rights of the Child (CRC) (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3.
27 African Charter on Human and Peoples’ Rights (also known as the Banjul Charter, adopted 27 June 1981, entered into force 21 October 1986).
28 Government of Ghana, ‘Ghana ratifies UN Convention on Rights of PWDs’ (2012) <www.ghana.gov.gh/index.php/news/general-news/11587-ghana-ratifies-un-convention-on-rights-of-pwds> accessed 14 November 2012.
29 Human Rights Watch, ‘Ghana: Disability Rights Convention Ratified’ (HRW, 2012) <www.hrw.org/news/2012/08/22/ghana-disability-rights-convention-ratified> accessed 7 October 2016.
30 Constitution of the Republic of Ghana (1992) art 17.
31 Ibid, art 29.
32 Children's Act 1998 (Act 560) (GH).
33 Labour Act 2003 (Act 651) (GH).
34 National Health Insurance Act 2012 (Act 852) (GH).
35 Persons with Disability Act 2006 (Act 715) (GH).
36 Act 715, arts 6–7.
37 ibid, art 60.
38 Gavu and others (n 23); US Architectural and Transportation Barriers Compliance Board, ‘Americans with Disabilities Act Accessibility Guidelines (ADAAG) for Buildings and Facilities’ <www.access-board.gov/attachments/article/1350/adaag.pdf> accessed 17 June 2014.
39 John W Creswell, Educational Research: Planning, Conducting, and Evaluating Quantitative and Qualitative Research (Pearson Education 2012) 145.
40 Bruce L Berg, Qualitative Research Methods for the Social Sciences (Pearson Education 2007).
41 Creswell (n 39).
42 R Panneerselvam, Research Methodology (Prentice-Hall of India 2008).
43 Maimunah Sapri, Ammar Kaka and Edward Finch, ‘Factors that Influence Student's Level of Satisfaction with Regards to Higher Educational Facilities Services’ (2009) 4(1) Malaysian Journal of Real Estate 34; Christos Vidalakis, Ming Sun and Aspasia Papa ‘The Quality and Value of Higher Education Facilities: A Comparative Study’(2013) 31 (11/12) Facilities 489.
44 Abdul A Lateef Olanrewaju, ‘Quantitative Analysis of Defects in University Buildings: User Perspective’ (2012) 2(2) Built Environment Project and Asset Management 167.
45 Jenny Thomas, ‘Creating Effective Learning Environments’ in Keith Alexander and Ilfryn Price (eds), Managing Organizational Ecologies: Space, Management and Organization (Routledge 2012).
46 Israel D, Data Analysis in Business Research: A Step-By-Step Nonparametric Approach (Sage 2008); Panneerselvam (n 42).
47 World Medical Association Declaration of Helsinki Ethical Principles for Medical Research Involving Human Subjects <www.turkucrc.fi/files/362/Declaration_of_Helsinki.pdf> accessed 13 October 2014.
48 GSS (n 14).
49 GSS (n 14).
50 Mehmet Emin Baris and Aysel Uslu, ‘Accessibility for the Disabled People to the Built Environment in Ankara, Turkey’ (2009) 4(9) African Journal of Agricultural Research 801.
51 Interview with AKWA, 24 July 2015, Wa, Ghana.
52 Interview with COFT, 2 May 2015, Fiapre, Ghana.
53 Interview with LAJ, 29 September 2015, Accra, Ghana.
54 United States Department of Justice Civil Rights Division, ‘2010 Americans with Disabilities Act (ADA) Standards for Accessible Design’ <www.ada.gov/2010ADAstandards_index.htm> accessed 13 October 2014; British Standards Institution, BS 8300:2010 Design of buildings and their approaches to meet the needs of disabled people – Code of practice (BSI 2010).
55 Interview with VAK, 17 December 2015, Kumasi, Ghana.
56 The students did not use the phrase ‘social support’, but gave examples of instances where friends, family members or staff assisted them in various ways. These included climbing or descending staircases, books/ bags being carried by colleagues; those with visual impairment being assisted to find their way to washrooms or lecture halls; study group meetings being relocated to a venue that is more convenient for the student(s) with disability.
57 Marilyn A Campbell and Linda Gilmore, ‘The Importance of Social Support for Students with Intellectual Disability: An Intervention to Promote Mental Health and Well-being’ (2014) 9(1) Cypriot Journal of Educational Sciences 21.
58 Interview with NAE, 2 May 2015, Navrongo, Ghana.
59 BS 8300: 2010 (n 54).
60 Interview with KUG, 31 March 2016, Accra, Ghana.
61 Interview with LFM, 9 July 2015, Berekusu, Ghana.
62 Persons with Disability Act (n 35).
63 In places like the UK, a person with disability may obtain a badge which can be shown and a permission is accordingly given to the person as a right because he/ she is a person with disability: Disability Rights UK, ‘Blue Badge Scheme’ (2017) <www.disabilityrightsuk.org/blue-badge-scheme> accessed 5 June 2017.
64 Interview with Agyenim, 3 February 2016, Kumasi, Ghana.
65 Persons with Disability Act (n 35).
66 Also known as the (International) Wheelchair Symbol.
67 CRPD (n 21) 4.
68 Interview with LAJ 2015, 29 September 2015, Accra, Ghana.
69 Kari Arrayan, and Kylene Kraft, ‘Accessibility: It's More than Just a Ramp’ (North Dakota Disability Health Project, North Dakota Center for Persons with Disabilities at Minot State University, 2009) <www.ndcpd.org/health/archive/publications/Accessibility_Its%20More%20than%20Just%20a%20Ramp.pdf> accessed 13 September 2016.
70 National Accreditation Board, ‘National Accreditation Board Standards for physical facilities for tertiary institutions in Ghana, Revised November 2014’ <www.nab.gov.gh> accessed 5 August 2015.
71 Report of the Committee constituted by the Quality Assurance and Planning Unit (Vice-Chancellor's Office) to draft a Disability Policy for KNUST, April 2013.
72 Rob Imrie and Marion Kumar, ‘Focusing on Disability and Access in the Built Environment’ (1998) 13(3) Disability & Society 357.
73 Betty Dion, ‘International Accessibility Standards, International Commission on Technology and Accessibility (ICTA) Global’ (2005) <.www.un.org/esasocdev/enable/documents/> accessed 2 September 2013
74 Oduro (n 1).
75 Voice Ghana (n 11).
76 Oduro (n 1).
77 Uganda National Action on Physical Disability and Ministry of Gender, Labor and Social Development (UNAPD 2010), Accessibility Standards: A Practical Guide to Create a Barrier-Free Physical Environment in Uganda, 2010 <http://unapd.org/introduction.pdf> accessed 3 December 2014.
78 WHO (n 1).
79 Rehabilitation International (n 18).
80 GSS (n 14).
81 Interview with Esther, 16 December 2015, Accra, Ghana.
82 NAB (n 70).
83 CRPD (n 21) art 2.