A/HRC/43/43/Add.1
persons with disabilities. The Act also establishes the National Commission for Persons
with Disabilities, which is responsible for ensuring that persons with disabilities have
access to housing, education and health care. The Commission will be empowered to
receive complaints of violations and support victims to seek legal redress.
69.
Despite normative progress, persons with disabilities still face arbitrary arrests and
imprisonment, stigma, violence and discrimination in most aspects of life, including health
care, housing and education. 65 The Special Rapporteur heard appalling testimonies of
inhumane disregard for the dignity of persons with disabilities. According to a number of
accounts, persons with disabilities are commonly arrested indiscriminately and transferred
to “rehabilitation centres” that are tantamount to the poorest prisons, with overcrowded
rooms, deplorable conditions, lack of access to showers and insufficient food. The Special
Rapporteur was informed that residents contract preventable diseases such as tuberculosis
and often die prematurely while in the centres. Witnesses claimed being discarded “like
waste”. One victim told the Special Rapporteur that he had been sent to a rehabilitation
centre in 1980. He had been denied regular access to showers, had been provided with
limited quantities of food and had been physically restrained with chains for an entire year.
As he had no money to bribe officials in order to leave, he had to escape.
70.
Between 2003 and 2007, persons with disabilities begging on the streets of Abuja
were forced to leave the centre and were “evacuated” to Karamajiji, in the outskirts of the
city. The forced eviction led to the creation of a colony, home to hundreds of persons with
physical, intellectual and psychosocial disabilities. When the Special Rapporteur visited the
colony, the housing conditions were utterly inadequate, comparable to other informal
settlements. Improvised shacks offered little protection from the elements and their
inhabitants lived on dirt floors and had no access to running water or electricity. The lack of
paved roads and properly graded ramps made it particularly difficult for residents in
wheelchairs or on crutches to move around. Despite the deplorable housing conditions, the
community was vibrant, benefiting from an internal atmosphere of acceptance, and seemed
cohesive in terms of residents’ attempts to assist each other, although most indicated that
they could not earn a livelihood and thus could not upgrade their own housing conditions.
Access to education and health care was severely limited.
VII. Access to justice
71.
According to the Committee on Economic, Social and Cultural Rights, States must
offer an accessible, affordable, timely and effective remedy, either judicial or
administrative, to persons whose right to housing has been violated. 66 The Committee has
also stated that a rigid classification of economic, social and cultural rights, putting them
beyond the reach of the courts, is arbitrary and incompatible with the indivisibility and
interdependence of human rights. It also hinders the capacity of the courts to protect the
rights of the most vulnerable and disadvantaged groups in society. 67
72.
In Nigeria, however, the Constitution creates a hierarchy of rights privileging civil
and political rights over socioeconomic rights, which renders the latter non-justiciable in
court. Although section 16 (2) (d) of the Constitution mandates the State to provide
adequate shelter for all, section 6 (6) (c) restricts the courts from adjudicating on those
matters.
73.
While the constitutional protection of the right to housing is inadequate, forced
evictions often violate a wide array of other rights protected in the Constitution, such as the
right to physical security and to freedom from cruel, inhuman and degrading treatment. 68
This has allowed victims of forced evictions to successfully claim in court that forced
evictions in which no alternative accommodation is provided violate the Constitution. In
65
66
67
68
16
www.hrw.org/news/2019/01/25/nigeria-passes-disability-rights-law.
Committee on Economic, Social and Cultural Rights, general comment No. 9 (1998) on the domestic
application of the Covenant, para. 9.
Ibid, para. 10.
A/HRC/4/18, annex I, para. 6.
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