Legislative prescriptions affecting persons with disabilities: a comparison of selected commonwealth countries
- Authors: Pillay, Sareesha
- Date: 2017
- Subjects: People with disabilities People with disabilities -- Government policy , Commonwealth countries -- Government policy
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/14510 , vital:27670
- Description: Among the diverse citizenry that comprise Commonwealth countries are persons affected by disabilities and who remain vulnerable and under-represented. In light of the challenges of under-representation and the stigmatisation of persons with disabilities globally, the democratic principles of the Commonwealth of Nations have been placed under scrutiny. Thus the constitutionality and fairness of governmental policies and national legislation are criticised for their degree of reflection and representation of the social and political rights of persons with disabilities. This thesis will critically analyse the national legislative and policy frameworks affecting persons with disabilities in selected Commonwealth countries. Comparisons will be made between these selected countries, namely Canada, India, Kenya and South Africa. The Commonwealth and subscription to the United Nations’ Convention on the Rights of Persons with Disabilities will serve as a standardised platform for comparisons. Comparisons of the legislative prescriptions of the respective countries will be instrumental highlighting the challenges in the representation of the rights and freedoms of persons with disabilities globally and in improving and strengthening legislative prescription affecting persons with disabilities. The varying levels of development amongst countries and the lack of appropriate infrastructure continue to be detrimental to the effective representation of persons with disabilities and the ability of national governments to develop strong and effective legislative and policy frameworks remains compromised. It is thus essential that attention is directed to the challenges facing countries so that appropriate actions and remediation can improve the vulnerabilities linked to persons with disabilities. This study adopts a theoretical and case law approach. It firstly provides a conceptual framework for disability. The conceptual framework comprises the perspectives on disability that have justified the approaches to persons with disabilities. Theories and values and the international legal framework relevant to persons with disabilities will be provided. The theories and values provide a traditional framework and play an instrumental role in guiding actions toward the effective development of public policy and prescription of legislation. The selected countries will be analysed as separate cases. The countries will be analysed individually prior to the comparative component to acknowledge the strengths, weaknesses and challenges facing each country in relation to its own structure and level of development. The findings are based on themes which emerge from the analysis of the legislation and policies affecting persons with disabilities in the selected countries. The findings are presented in a comparative format owing to the comparative nature of the study. Recommendations that flow from the comparative analysis and findings are proposed in the final chapter. The adoption of the proposed recommendations can strengthen legislative prescriptions affecting persons with disabilities both nationally and internationally and improve the representation of the rights and freedom of persons with disabilities in the global context.
- Full Text:
- Date Issued: 2017
- Authors: Pillay, Sareesha
- Date: 2017
- Subjects: People with disabilities People with disabilities -- Government policy , Commonwealth countries -- Government policy
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/14510 , vital:27670
- Description: Among the diverse citizenry that comprise Commonwealth countries are persons affected by disabilities and who remain vulnerable and under-represented. In light of the challenges of under-representation and the stigmatisation of persons with disabilities globally, the democratic principles of the Commonwealth of Nations have been placed under scrutiny. Thus the constitutionality and fairness of governmental policies and national legislation are criticised for their degree of reflection and representation of the social and political rights of persons with disabilities. This thesis will critically analyse the national legislative and policy frameworks affecting persons with disabilities in selected Commonwealth countries. Comparisons will be made between these selected countries, namely Canada, India, Kenya and South Africa. The Commonwealth and subscription to the United Nations’ Convention on the Rights of Persons with Disabilities will serve as a standardised platform for comparisons. Comparisons of the legislative prescriptions of the respective countries will be instrumental highlighting the challenges in the representation of the rights and freedoms of persons with disabilities globally and in improving and strengthening legislative prescription affecting persons with disabilities. The varying levels of development amongst countries and the lack of appropriate infrastructure continue to be detrimental to the effective representation of persons with disabilities and the ability of national governments to develop strong and effective legislative and policy frameworks remains compromised. It is thus essential that attention is directed to the challenges facing countries so that appropriate actions and remediation can improve the vulnerabilities linked to persons with disabilities. This study adopts a theoretical and case law approach. It firstly provides a conceptual framework for disability. The conceptual framework comprises the perspectives on disability that have justified the approaches to persons with disabilities. Theories and values and the international legal framework relevant to persons with disabilities will be provided. The theories and values provide a traditional framework and play an instrumental role in guiding actions toward the effective development of public policy and prescription of legislation. The selected countries will be analysed as separate cases. The countries will be analysed individually prior to the comparative component to acknowledge the strengths, weaknesses and challenges facing each country in relation to its own structure and level of development. The findings are based on themes which emerge from the analysis of the legislation and policies affecting persons with disabilities in the selected countries. The findings are presented in a comparative format owing to the comparative nature of the study. Recommendations that flow from the comparative analysis and findings are proposed in the final chapter. The adoption of the proposed recommendations can strengthen legislative prescriptions affecting persons with disabilities both nationally and internationally and improve the representation of the rights and freedom of persons with disabilities in the global context.
- Full Text:
- Date Issued: 2017
An evaluation of the local economic development strategy: the case of the Nelson Mandela Bay Municipality
- Authors: Pillay, Sareesha
- Date: 2010
- Subjects: Local Economic Development (Programme) , Economic development -- South Africa -- Eastern Cape , Economic policy -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8207 , http://hdl.handle.net/10948/1160 , Local Economic Development (Programme) , Economic development -- South Africa -- Eastern Cape , Economic policy -- South Africa -- Eastern Cape
- Description: The central objective of the research study was to evaluate the 2020 Citywide Economic Growth and Development strategy, with reference to the Nelson Mandela Bay Municipality (NMBM). The Citywide Economic Growth and Development strategy for the NMBM was developed in 2004 in relation to the need for Local Economic Development. The need for Local Economic Development (LED) has been mandated by the national government of South Africa as prescribed in the direction toward developmental local government post - 2000. The National Framework for Local Economic Development in South Africa serves as a strategic implementation guide for municipalities. The National Framework for Local Economic Development provides a supportive foundation to assist municipalities such as the Nelson Mandela Bay Municipality in improving its economic development through concentrations on suggested actions. Through support for municipal Local Economic Development strategies, the objective of Local Economic Development was to offer local government, private sectors, non - profit organisations and local communities the opportunity to work together to improve the local economy. The aim has thus been to enhance competitiveness and encourage inclusive sustainable growth. The 2020 Citywide Economic Growth and Development strategy for the Nelson Mandela Bay Municipality includes its strategic approach to promote sustainable growth within its specified municipal environment. Formulation of the strategy includes descriptions of sector strategies as a mechanism to promote transformation and improved economic development in a sustainable manner. Content Analysis and the case study methods were utilised to evaluate the 2020 Citywide Economic Growth and Development strategy in the undertaking of the research study as a way of examining the formulation of the Local Economic Development strategy of the Nelson Mandela Bay Municipality, in order to determine v the shortcomings in Local Economic Development as brought about by ineffective policy formulation process. Discourse Analysis was also used to understand the policy foundations as influenced by the previous apartheid regime and its accompanied injustices on the citizens of South Africa. The brief descriptions of major economic developments and sector strategies for the Nelson Mandela Bay Municipality shows the detachment of policy content from clear strategic action plans has depicted an incongruence in efficiency and sustainable development. This has placed developmental policy formulation under scrutinisation and evaluation. The findings indicate that there is a need for revision and/ or reformulation of the current 2020 Citywide Economic Growth and Development strategy of the Nelson Mandela Bay Municipality in promotion of effective sustainable development and an improved local economy. The impact of a failure to revise and rework the strategy has detrimental effects on the promotion of an effective and efficient economy in the Nelson Mandela Bay Municipality. Therefore, the lack of detail within the 2020 Citywide Economic Growth and Development strategy must be tackled by policy formulators to ensure economic growth and an alignment with the objectives as contained in the national mandate for economic development.
- Full Text:
- Date Issued: 2010
- Authors: Pillay, Sareesha
- Date: 2010
- Subjects: Local Economic Development (Programme) , Economic development -- South Africa -- Eastern Cape , Economic policy -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8207 , http://hdl.handle.net/10948/1160 , Local Economic Development (Programme) , Economic development -- South Africa -- Eastern Cape , Economic policy -- South Africa -- Eastern Cape
- Description: The central objective of the research study was to evaluate the 2020 Citywide Economic Growth and Development strategy, with reference to the Nelson Mandela Bay Municipality (NMBM). The Citywide Economic Growth and Development strategy for the NMBM was developed in 2004 in relation to the need for Local Economic Development. The need for Local Economic Development (LED) has been mandated by the national government of South Africa as prescribed in the direction toward developmental local government post - 2000. The National Framework for Local Economic Development in South Africa serves as a strategic implementation guide for municipalities. The National Framework for Local Economic Development provides a supportive foundation to assist municipalities such as the Nelson Mandela Bay Municipality in improving its economic development through concentrations on suggested actions. Through support for municipal Local Economic Development strategies, the objective of Local Economic Development was to offer local government, private sectors, non - profit organisations and local communities the opportunity to work together to improve the local economy. The aim has thus been to enhance competitiveness and encourage inclusive sustainable growth. The 2020 Citywide Economic Growth and Development strategy for the Nelson Mandela Bay Municipality includes its strategic approach to promote sustainable growth within its specified municipal environment. Formulation of the strategy includes descriptions of sector strategies as a mechanism to promote transformation and improved economic development in a sustainable manner. Content Analysis and the case study methods were utilised to evaluate the 2020 Citywide Economic Growth and Development strategy in the undertaking of the research study as a way of examining the formulation of the Local Economic Development strategy of the Nelson Mandela Bay Municipality, in order to determine v the shortcomings in Local Economic Development as brought about by ineffective policy formulation process. Discourse Analysis was also used to understand the policy foundations as influenced by the previous apartheid regime and its accompanied injustices on the citizens of South Africa. The brief descriptions of major economic developments and sector strategies for the Nelson Mandela Bay Municipality shows the detachment of policy content from clear strategic action plans has depicted an incongruence in efficiency and sustainable development. This has placed developmental policy formulation under scrutinisation and evaluation. The findings indicate that there is a need for revision and/ or reformulation of the current 2020 Citywide Economic Growth and Development strategy of the Nelson Mandela Bay Municipality in promotion of effective sustainable development and an improved local economy. The impact of a failure to revise and rework the strategy has detrimental effects on the promotion of an effective and efficient economy in the Nelson Mandela Bay Municipality. Therefore, the lack of detail within the 2020 Citywide Economic Growth and Development strategy must be tackled by policy formulators to ensure economic growth and an alignment with the objectives as contained in the national mandate for economic development.
- Full Text:
- Date Issued: 2010
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