Wakilii

Legal Action for People with Disabilities v Attoney General Anor (Misc Cause No. 146 of 2011)

High Court · [2014] UGHCCD 76 · 2014 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by way of Notice of Motion seeking declarations and orders regarding accessibility of premises and buildings for persons with disabilities
Decision
Application dismissed with encouragement to respondents to continue complying with accessibility requirements

Observed later treatment

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Holding

The High Court dismissed the application seeking declarations that respondents violated the rights of persons with disabilities to access barrier-free premises. The court held that while old structures predated constitutional and statutory obligations on accessibility, the respondents had taken reasonable measures to progressively accommodate persons with disabilities. The court applied the accommodation principle, holding that the right to accessibility is not absolute and must be balanced against other constitutional rights, public interest, available resources, and the need for gradual implementation. Immediate compliance would impose unacceptable hardship and cost.

Outcome

Application dismissed with encouragement to respondents to continue complying with accessibility requirements

Facts

Legal Action for People with Disabilities brought an application against the Attorney General, Kampala Capital City Authority, and Makerere University alleging that their failure to make premises and buildings accessible to persons with disabilities violated constitutional rights and the Persons with Disabilities Act 2006. Supporting affidavits described physical barriers including lack of ramps, inaccessible toilets, narrow steps without handrails, and buildings difficult to navigate by wheelchair users. The second respondent attributed past non-compliance to mismanagement by its predecessor Kampala City Council but stated it was now enforcing physical planning laws. The third respondent demonstrated it had implemented multiple measures to assist disabled students including student guides, ground-floor accommodation, special library facilities, transport within campus, and affirmative admission policies. Most complained-of buildings predated the 1995 Constitution and 2006 Act.

Issues

  1. Whether the respondents are violating the fundamental rights of persons with disabilities to have access to a barrier free physical environment.
  2. What remedies are available.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Constitutional Law — Fundamental Rights — Right to Accessibility for Persons with Disabilities — Not Absolute — Accommodation Principle
The right of persons with disabilities to access barrier-free physical environments under Articles 32 and 35 of the Constitution and the Persons with Disabilities Act 2006 is not absolute and must be balanced against other constitutional rights, public interest, available resources, and the rights of others.
Human Rights — Affirmative Action — Persons with Disabilities — Progressive Realisation — Reasonable Accommodation
Where a public institution demonstrates that it has put in place reasonable measures to progressively accommodate persons with disabilities, including policy changes, physical modifications to new buildings, and support services, and where immediate full compliance would impose disproportionate costs affecting other citizens' rights, gradual implementation of accessibility requirements is constitutionally permissible.
Constitutional Law — Limitation of Rights — Justifiable Limitations — Balancing Competing Constitutional Rights
Any limitations to the enjoyment of fundamental rights must be non-substantial, acceptable, and demonstrably justified in a free and democratic society. A respondent has a duty to demonstrate that reasonable measures have been put in place to enable complainants to enjoy their constitutional rights, taking into account the rights of others and public interest.
Administrative Law — Enforcement of Statutory Duties — Persons with Disabilities Act — Gradual Implementation Where Old Structures Predate Legislation
Where buildings and structures were constructed before the promulgation of the Constitution and enactment of accessibility legislation, and where modification involves significant cost implications, technical expertise, and structural considerations, enforcement of accessibility standards may be gradual rather than immediate, provided reasonable steps are being taken toward compliance.

Legislation cited (12)

Cases cited (1)

  • Demanche Sharon and 2 Others v Makerere University (Constitutional Appeal No. 2 of 2004)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Legal Action for People with Disabilities v Attoney General Anor (Misc Cause No. 146 of 2011) [2014] UGHCCD 76 (20 May 2014)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.