Inclusiveness
Chapter 6
Legal frame work
Chapter overview
Legal frameworks for an inclusive society encompass a set of laws, regulations,
policies, and practices that aim to promote diversity, equity, and inclusion for all
individuals, regardless of their background, identity, or characteristics. These legal
frameworks are designed to ensure that all members of society have equal
opportunities, rights, and protections, and to prevent discrimination, exclusion,
and marginalization.
Chapter objectives
After completing this chapter we will be able to:-
Understand the concept of legal framework
Discuss the benefits of learning legal frameworks for an inclusive society
Identify international and national legal frameworks in relation to inclusiveness
Identify factors that enhibit legal frameworks from being implimented
And also learn how to come against barriers that inhibit legal frameworks from being
implimented
6.1 The concept of legal framework for inclusive society
The main concept of a legal framework for inclusiveness is to establish a set of laws, policies,
regulations, and mechanisms that promote and protect the rights of all individuals, regardless
of their background, identity, or characteristics.
Overall, a legal framework for inclusiveness aims to create a fair and just society where
everyone is treated with dignity and respect, has the opportunity to fulfill their potential, and
can contribute to the well-being and prosperity of the community as a whole.
6.2 Benefits of learning legal frameworks for an inclusive society
Understanding the legal frameworks for inclusiveness is important for several reasons:
Knowing the legal framework helps individuals understand their rights and protections under
the law. This knowledge empowers individuals to advocate for themselves and seek redress if
they experience discrimination or [Link], institutions, and governments are
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required to comply with the legal frameworks for inclusiveness. Understanding these laws helps
ensure that they are held accountable for promoting diversity and preventing
[Link] frameworks provide mechanisms for addressing discrimination and
exclusion through legal recourse, complaint processes, and enforcement actions.
Overall, knowing the legal frameworks for inclusiveness is essential for promoting a more
inclusive society, protecting individual rights, and holding institutions accountable for upholding
principles of diversity and equality.
6.3.1 International Legal and Policy Documents
Convention on the Rights of Children (CRC)
The convention on the right of the child (CRC) was adopted by the general assembly of the United
Nation on 20, November 1989 G.C. and was implemented 1990 G.C. According to this convention article
one, a child means every human being below the age of 18 year. From this convention: States recognize
that children with disabilities should enjoy a full and decent life. States recognize the right of the a child
with a disability to give special care States recognize the special needs of a child with a disability should
ensure effective access to education, healthcare, social security, rehabilitation services, preparation for
employment etc.
World Declaration on Education for All (EFA)
The education for all (EFA) movement is concerned with ensuring access to basic education for all. It was
launched at Jomtein, Thailand in 1990. The Declaration materializes the human right to education
pronounced in the Universal Declaration of Human Right in 1948 Article 26.
United Nations Standard Rules on the Equalization of Opportunities for PWDs
The United Nations General Assembly, at its 85th session December 20/1993, adopted the standard
rules on the equalization of opportunities for person with disabilities. The purpose of the rules is to
ensure that girls, boys, women and men with disabilities as a member of their societies may exercise the
same rights and obligations as others. States should take appropriate actions to remove the existing
obstacles that prevent people with disabilities from exercising their rights and freedoms, and from
participating fully in the activities of their societies.
Salamanca Framework for Action
The Salamanca framework for action on special needs education was adopted by the world conference
on special needs education organized by the government of Spain in co-operation with UNESCO and
held in Salamanca in June 1994. The guiding principle of the framework is that: “Schools should
accommodate all children regardless of their physical, intellectual, emotional, linguistic or other
conditions. It is the schools to find ways of success fully educating all children, including those who have
serious disadvantages and disabilities”.
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6.3.2 National Legal and Policy Documents
Constitution of the Federal Democratic Republic of Ethiopia-1995: Article 41(5) of the
Constitution
Sets out the State‘s responsibility for the provision of necessary rehabilitation and support services for
people with disabilities. This provision, which is found in the socio-economic rights of citizens, does not
ensure the equal employment opportunity of PWDs. Rather, it conveys a message that PWDs are among
those who deserve assistance since they are incapable of engaging in productive life.
Labor Proclamation, No. 377/2003, amended by Labor Proclamation No. 494/2006
It states that it is unlawful for an employer to discriminate against workers on the basis of nationality,
sex, religion, political outlook or on any other conditions.
The Federal Civil Servant Proclamation- No. 515/2007
It offers for special preference in the recruitment, promotion, and deployment, among others, of
qualified candidates with disabilities. This provision is applicable to government offices only.
Proclamation concerning the Rights to Employment for Persons with Disabilities- No. 568/2008
The proclamation makes null and void any law, practice, custom, attitude and other discriminatory
situations that limit equal opportunities for persons with disabilities. It also requires employers to
provide appropriate working and training conditions; take all reasonable accommodation measures and
affirm active actions, particularly when employing women with disabilities; and assign an assistant to
enable a person with disability to perform their work or follow training.
Building Proclamation- No. 624/2009
Provides for accessibility in the design and construction of any building to ensure suitability for
physically impaired persons.
6.4 factors that enhibit legal frameworks from being implimented
Several factors can inhibit the effective implementation of legal frameworks for inclusiveness. Some of
these factors include:
1. Lack of awareness: Many individuals, organizations, and institutions may not be fully aware of existing
legal frameworks for inclusiveness or may not understand their rights and responsibilities under these
laws.
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2. Resistance to change: Some individuals or groups may resist efforts to implement inclusiveness
measures due to fear, prejudice, bias, or a lack of understanding of the benefits of diversity and
inclusion.
3. Limited resources: Implementing legal frameworks for inclusiveness may require financial resources,
staff training, infrastructure improvements, and other investments that some organizations or
governments may not be willing or able to make.
4. Inadequate enforcement: Weak enforcement mechanisms, lack of accountability, or limited oversight
can undermine the effectiveness of legal frameworks for inclusiveness, allowing discrimination and
exclusion to persist unchecked.
5. Cultural barriers: Cultural norms, traditions, stereotypes, and attitudes that perpetuate discrimination
or marginalization can hinder the implementation of inclusive practices and policies.
6. Legal loopholes: Ambiguities, gaps, or inconsistencies in legal frameworks for inclusiveness can create
loopholes that allow discriminatory practices to continue or go unaddressed.
7. Lack of political will: Political leaders, policymakers, or decision-makers may lack the commitment or
motivation to prioritize inclusiveness and may not take action to enforce or strengthen legal protections
for marginalized groups.
8. Inadequate training and capacity building: Insufficient training, education, or support for individuals
responsible for implementing inclusiveness measures can hinder their ability to effectively apply legal
frameworks and promote diversity and equity.
6.5 How to come against barriers that inhibit legal frameworks from being
implimented
1. Raise awareness: Educate individuals, organizations, and communities about existing legal
frameworks for inclusiveness, their rights and responsibilities, and the benefits of diversity and inclusion.
2. Build capacity: Provide training, resources, and support to individuals responsible for implementing
inclusiveness measures, including policymakers, government officials, employers, educators, service
providers, and community leaders.
3. Promote accountability: Establish mechanisms for monitoring, evaluation, and reporting on the
implementation of legal frameworks for inclusiveness to ensure compliance, address gaps, and hold
violators accountable.
4. Empower marginalized groups: Amplify the voices of marginalized communities, empower them to
advocate for their rights, provide them with access to legal support and resources, and involve them in
decision-making processes that affect their lives.
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5. Promote cultural change: Challenge stereotypes, combat prejudice and discrimination, promote
empathy and understanding, and foster a culture of respect, acceptance, and appreciation for diversity.
6. Invest in resources: Allocate financial resources, staff training, infrastructure improvements, and
other investments needed to implement inclusive practices effectively and sustainably.
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