Children with Disabilities: Access to Basic Rights and Freedom Is Not Optional

Abstract

Over the years, people with disabilities have been at a much higher risk of violence and according to the United Nations; children with disabilities are almost four times more likely to experience violence than non-disabled children. 1 Adults with some form or disability on the other hand are twice as likely to be victims of violence as those without a disability. 2 Adults with mental health conditions are at nearly four times the risk of experiencing violence. 3 The factors that have placed people with disabilities at higher risk of violence as mentioned above include stigma, discrimination, and ignorance about disability, as well as a lack of social support for those who care for them. 4 Several methods have been proposed in order to combat these. These methods include: Legislation, policies, affirmative action and the right to education. Within the Kenyan context, the most significant would be the provisions of Article 27(4) of the Constitution of Kenya on equality and freedom from discrimination. Others include legislative and policy provisions on procurement contracts, 5 adjustment orders in respect of accessibility to the owners of premises and providers of amenities and services. 6 It is in view of the foregoing that this research seeks to present a coherent review on the access and protection of the rights and freedoms of the children with disabilities on social, economic, basic rights and cultural rights in Kenya.