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The state's duty to respect and protect : violence against persons with disabilities in Africa - the case of Ethiopia
Thesis (PhD (Law))--University of Pretoria, 2025.
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University of Pretoria
2025
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| _version_ | 1867613535487393792 |
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| access_status_str | Open Access |
| author2 | Murungi, Nkatha |
| author_browse | Murungi, Nkatha |
| author_facet | Murungi, Nkatha |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (PhD (Law))--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/107299 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:41.590Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/107299 The state's duty to respect and protect : violence against persons with disabilities in Africa - the case of Ethiopia Murungi, Nkatha u18269649@tuks.co.za Probert, Thomas Wakene, Dagnachew Bogale Disability-based Violence (DBV) in Africa Structural Violence and, Cultural Violence The State’s Duty to Respect and Protect Sustainable Development Goals (SDGs), SDG-16 Africa Disability Protocol (ADP) United Nations Convention on the Rights of Persons with Disabilities (CRPD) UCTD Thesis (PhD (Law))--University of Pretoria, 2025. Disability-based violence has been a topic side-lined for too long in mainstream studies on violence, including human rights research, analytical discourses and praxis. Literature, albeit not adequately available on this subject matter from an African context in particular, shows that disability, in and of its own, is a paramount factor aggravating the risk of a breach of one’s right to freedom from violence. However, mainstream authoritative reports such as the World Report on Violence and Health and its subsequent iterations, mention disability merely as a consequence of violence and not the cause of violence in and of itself. Underpinned in emerging international normative standards, jurisprudence and instruments of Disability Justice, such as the Convention on the Rights of Persons with Disabilities (CRPD) and the recently adopted Africa Disability Protocol, the research established the justified, long-overdue need for policies and State interventions on violence against persons with disabilities to shift from public-health-oriented stances to a rights-based reconceptualization. It is suggested that appropriate policy, legislative and institutional responses to violence perpetrated against persons with disabilities can be found in the recognition, first and foremost, that such violence is essentially disability-based. In arguing so, the thesis identified what it referred to as the salient disruptors of disability-based violence vis- à-vis violence against persons without disabilities. Through a socio-legal research method, the thesis has then unravelled the interplay between the nature, sources, and scope of State responsibility under international law within the context of disability rights, with a focus on Ethiopia as a case study. In the interest of drawing practical comparative insights, some pertinent lessons were also drawn from other jurisdictions in Africa such as, inter alia: Malawi (given the systemic atrocities against persons with albinism in that jurisdiction) and Sierra Leone (due to wide-scale, disability-based displacements and systemic attacks reportedly perpetrated during and in the aftermath of armed conflicts). Finally, the study assessed the (in)adequacy of existing institutional and administrative measures in Ethiopia to curb disability-based violence, followed by recommendations of disability-focused responsive measures to close the gap between obligations and status quo. Institute for International and Comparative Law in Africa PhD (Law) Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2025-12-22T09:20:40Z 2025-12-22T09:20:40Z 2025-12-10 2025-10-30 Thesis * D2025 http://hdl.handle.net/2263/107299 10.25403/UPresearchdata.30733409 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Disability-based Violence (DBV) in Africa Structural Violence and, Cultural Violence The State’s Duty to Respect and Protect Sustainable Development Goals (SDGs), SDG-16 Africa Disability Protocol (ADP) United Nations Convention on the Rights of Persons with Disabilities (CRPD) UCTD The state's duty to respect and protect : violence against persons with disabilities in Africa - the case of Ethiopia |
| title | The state's duty to respect and protect : violence against persons with disabilities in Africa - the case of Ethiopia |
| title_full | The state's duty to respect and protect : violence against persons with disabilities in Africa - the case of Ethiopia |
| title_fullStr | The state's duty to respect and protect : violence against persons with disabilities in Africa - the case of Ethiopia |
| title_full_unstemmed | The state's duty to respect and protect : violence against persons with disabilities in Africa - the case of Ethiopia |
| title_short | The state's duty to respect and protect : violence against persons with disabilities in Africa - the case of Ethiopia |
| title_sort | state s duty to respect and protect violence against persons with disabilities in africa the case of ethiopia |
| topic | Disability-based Violence (DBV) in Africa Structural Violence and, Cultural Violence The State’s Duty to Respect and Protect Sustainable Development Goals (SDGs), SDG-16 Africa Disability Protocol (ADP) United Nations Convention on the Rights of Persons with Disabilities (CRPD) UCTD |
| url | http://hdl.handle.net/2263/107299 |