The Stroke Survivors Foundation, a stroke support organization founded in South Africa in 2010, has recently been advocating for stroke to be included in new disability legislation in South Africa.
South Africa ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007. From late 2020 until May 2021, the South African Law Reform Commission (SALRC) called for comments on the Issue Paper on the Domestication of the UNCRPD. The aim of the issue paper is to form the basis for the Commission’s deliberations on the domestication of the international convention into South African law.
The Stroke Survivors Foundation in South Africa, led by stroke survivors George Scola and Thato Minyuku, sent a commentary submission in order to ensure that stroke is included in the new Bill and Act. In its submission the Foundation highlighted that stroke is a leading cause of disability, however stroke is under-represented in disability advocacy and there is a lack of awareness and understanding of stroke prevention and the impact of stroke in society as a whole. George Scola, founder of the Stroke Survivors Foundation said ‘this is a great milestone and achievement as we get to actually have a say in the drafting of a law bill which has a direct effect on stroke survivors’.
The Foundation’s submission highlighted that:
Stroke can result in disabling effects, including physical, emotional and communication problems. Given its prevalence and the devastating effects that stroke can have on a person's life, stroke needs a firm place in the disability sector.
After a stroke, reintegration into society is difficult and rehabilitation can be a complicated and long process. There are social, cultural and professional barriers, which South African legislation is not currently addressing.
The Stroke Survivors Foundation were asked to consider a number of questions in their submission:
Why is an Act regulating disability rights across the public and private sectors necessary? Disability rights are not given the status that they require from a social and economic perspective. People with disabilities still face severe discrimination in relation to employment, access to justice, access to education, access to health, access to transportation and access to financial services. People with disabilities are even more marginalised from rural and low income communities.
Should all areas of law be reviewed to promote and provide for dignity, equality and no unfair discrimination of persons with disabilities? All legislation should be reviewed as although South Africa has adequate anti-discrimination laws, each sector needs to be governed by laws that provide for reasonable accommodation for persons with disabilities. In particular: justice; health; financial services; social development; education; and national languages.
The Stroke Survivors Foundation also stressed the importance of meaningful consultation with and participation of people with disabilities by authorities at all levels of government, which they consider has been a significant failing up until this point. While the current engagement on the Issue Paper on the Domestication of the UNCRPD is an important step forward in this regard, it has not been without its challenges. The questions within the Issue Paper were extensive and required detailed review of all associated documents. For stroke survivors, many with cognitive impairments, this has been particularly challenging. The Foundation was able to access support from a pro bono human rights activist and attorney firm, but this would not have been available to all. And while two extensions were granted by the Commission, fuller consideration needs to be given in the future to issues of accessibility.
For further information:
Stroke Survivors Foundation South Africa https://www.strokesurvivors.org.za/
South African Law Reform Commission Issue Paper on the Domestication of the UNCRPD https://www.justice.gov.za/salrc/ipapers/ip39-prj148-UNCRPD.pdf
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