Exploring the Right to Work for Persons with Disabilities in Zimbabwe as an Enabler to Inclusive Participation in Economic Development
DOI:
https://doi.org/10.17159/1727-3781/2025/v28i0a18646Keywords:
Barriers, dignity, disabilities, economic development, equality, persons with disabilities, protection, right to workAbstract
Article 27 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) provides for the right to work for persons with disabilities (PWDs). Zimbabwe, as a party to the CRPD, is obliged to put in place progressive positive measures for the protection, promotion and enjoyment of the right to work by PWDs. In the light of the international obligations arising from the CRPD, the African Charter on Human and Peoples Rights and the African Disability Protocol, this article examines the existing legal framework on the right to work for PWDs in Zimbabwe, including the other types of disabilities entitled to benefit from PWDs’ substantive right to work. Additionally this article critically analyses the scope and extent of the protections (if any) attaching to the right to work for PWDs in Zimbabwe. Therefore the article adopts a desktop approach whereby existing statutes and texts are examined, focussing on their utility towards the respect, protection, promotion and realisation of the right to work for PWDs in Zimbabwe. In conclusion the article offers recommendations on ways the right to work can be fully realised by PWDs in Zimbabwe as a catalyst for the inclusive participation of PWDs in the economic development of Zimbabwe, both in the public and private sectors, on an equal basis with their peers without disabilities.
Downloads
References
Bibliography
Literature
Biegon J "The Promotion and Protection of Disability Rights in the African Human Rights System" in Grobbelaar-Du Plessis I and Van Reenen T (eds) Aspects of Disability Law in Africa (Pretoria University Law Press Pretoria 2011) 53-84
Chaskalson A "From Wickedness to Equality: The Moral Transformation of South African Law" 2003 ICON 590-609 DOI: https://doi.org/10.1093/icon/1.4.590
Darling RB and Heckert DA “Orientations Toward Disability: Differences Over the Lifecourse” 2010 International Journal of Disability, Development and Education 131-143 DOI: https://doi.org/10.1080/10349121003750489
Fredman S "Equality: A New Generation" 2001 Industrial Law Journal 145-154 DOI: https://doi.org/10.1093/ilj/30.2.145
Harpur P "Time to Be Heard: How Advocates Can Use the Convention on the Rights of Persons with Disabilities to Drive Change" 2011 Val U L Rev 1-14
Horsten D "The Role Played by the South African Human Rights Commission’s Economic and Social Rights Reports in Good Governance in South Africa" 2006 PELJ 176-197 DOI: https://doi.org/10.17159/1727-3781/2006/v9i2a2821
Kamga S "A Call for a Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa" 2013 AJICL 219-249 DOI: https://doi.org/10.3366/ajicl.2013.0060
Kapindu R "Courts and the Enforcement of Socio-economic Rights in Malawi: Jurisprudential Trends, Challenges and Opportunities" 2013 AHRLJ 125-151
Kondo T "Socio-economic Rights in Zimbabwe: Trends and Emerging Jurisprudence" 2017 AHRLJ 163-193 DOI: https://doi.org/10.17159/1996-2096/2017/v17n1a8
Mégret F "The Disabilities Convention: Human Rights of Persons with Disabilities or Disability Rights?" 2008 Hum Rts Q 494-516 DOI: https://doi.org/10.1353/hrq.0.0000
Moyo A and Manyatera G "International and Domestic Perspectives on Disability and Education: Children with Disabilities and the Right to Education in Rural Zimbabwe" 2014 Midlands State University Law Review 103-135
Mubangizi JC "A Human Rights-based Approach to Fighting Corruption in Uganda and South Africa: Shared Perspectives and Comparative Lessons" 2020 LDD 225-247 DOI: https://doi.org/10.17159/2077-4907/2020/ldd.v24.10
Ncube S, Modise M and Gregg A "Employment of Women with Disabilities in Zimbabwe in the Fourth Industrial Revolution" 2023 Open Journal of Social Sciences 652-665 DOI: https://doi.org/10.4236/jss.2023.1112043
Peta C and Moyo A "The Rights of Persons with Disabilities in Zimbabwe" in Moyo A (ed) Selected Aspects of the 2013 Zimbabwean Constitution and the Declaration of Rights (Raoul Wallenberg Institute of Human Rights and Humanitarian Law Lund 2019) 86-125
Schulze M Understanding the UN Convention on the Rights of Persons with Disabilities: A Handbook on the Human Rights of Persons with Disabilities (Handicap International Lyon 2010)
United Nations Department of Economic and Social Affairs United Nations Development Agenda: Development for All (UN New York 2007)
Vaizey J "Education and Economic Development" 1968 Journal of Educational Thought 159-166 DOI: https://doi.org/10.55016/ojs/jet.v2i3.43533
Case law
City of Gweru v Masinire Supreme Court of Zimbabwe SC56/2018 (SCZ)
Liliane Gröninger v Germany (Communication No 2/2010) CRPD/C/D/2/2010 of 4 April 2014
R (All the Citizens) v SOS 2022 EWHC 960
Tamanikwa v Zimbabwe Manpower Development Fund SC33/2013 (SCZ)
Legislation
Constitution of Zimbabwe (Lancaster House), 1979 (Zimbabwe Constitution Order, 1979 (SI 1979/1600 of the United Kingdom))
Constitution of Zimbabwe (Amendment Number 20), 2013
Disabled Persons Act 5 of 1992 (Chapter 17:01) (as amended) DOI: https://doi.org/10.1017/S1035077200012645
Finance Act 7 of 2021
Labour Act 16 of 1985 (Chapter 28:01) (as amended)
Mental Health Act 15 of 1996 (Chapter 15:12) (as amended)
Government publications
National Disability Policy, 2021
Persons with Disabilities Bill, 2023
Public Service Regulations Statutory Instrument 1 of 2000 (as amended)
International instruments
African Charter on Human and Peoples Rights (1981)
Convention on the Rights of Persons with Disabilities (2006)
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa (2018)
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (2005)
Internet sources
Briant E, Watson N and Philo G 2011 Bad News for Disabled People: How the Newspapers are Reporting Disability. Project Report. Strathclyde Centre for Disability Research and Glasgow Media Unit, University of Glasgow https://eprints.gla.ac.uk/57499/1/57499.pdf accessed 15 July 2025
Danish Institute for Human Rights 2023 Measuring a Human Rights-Based Approach to Development https://www.humanrights.dk/files/media/
document/HRBA_14.pdf accessed 28 March 2025
United Nations 2006 Statement by Secretary-General: On the Adoption of the Convention on the Rights of Persons with Disabilities; http://www.un.org/News/Press/docs//2006/sgsm10797.doc.htm accessed 12 June 2024
United Nations 2015 Sustainable Development Goals https://unosd.un.org/content/sustainable-development-goals-sdgs accessed 30 July 2025
United Nations 2019 United Nations Disability Inclusion Strategy https://www.un.org/en/content/disabilitystrategy/assets/documentation/UN_Disability_Inclusion_Strategy_english.pdf accessed 30 July 2025
Vision Ability Zimbabwe 2024 Financial Inclusion for People with Disabilities https://vaz.org.zw/financial-inclusion-for-people-with-disabilities/ accessed 29 January 2025
Zimbabwe National Statistics Agency 2017 Inter-censal Demographic Survey Report https://zimbabwe.unfpa.org/en/publications/inter-censal-demographic-survey-2017-report accessed 28 February 2025
Published
Issue
Section
License
Copyright (c) 2025 Takudzwa Josia Mafongoya

This work is licensed under a Creative Commons Attribution 4.0 International License.















.png)