THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS &
INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
individual, whatever his or her race, colour, gender, language, religion, political or other origin, national or
social origin, property, birth or other status.
Section 33 of the Constitution of The Gambia provides that all persons are equal before and under the law
in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal
protection of the law. The Government has taken numerous measures to promote non–discrimination and
equal treatment for all inclusive of vulnerable persons; including persons with disabilities, women, and
children.
Further, Section 37 of the Constitution provides for the enforcement of its fundamental human rights
provisions through the high court, which may hear and determine any application made and may make
such orders, issue such writs, and give such directions as it may consider appropriate for enforcing or
securing the enforcement of any of the fundamental human rights provisions.
Additionally, the Children’s Act of 2005 provides for the protection of the rights and freedoms of children
without any distinction based on gender.
Further, the Women’s Act of 2010 which domesticates the CEDAW and the Protocol to the African Charter
on Human and Peoples’ Rights on the Rights of Women in Africa also protects the rights of women.
I.
Persons with Disabilities (PWDS)
Section 31 of the Constitution provides that “the right of the disabled to respect and human dignity shall be
recognized by the State and society.” It provides further that “disabled persons shall be entitled to
protection against exploitation and to protection against discrimination, in particular as regards access to
health services, education and employment” and “in any judicial proceedings in which a disabled person is
a party, the procedure shall take his or her condition into account.”
Constraints
In The Gambia, people living with disabilities face numerous challenges and artificial barriers. Their
inherent rights are yet to be fully respected, promoted and protected. They still face challenges in terms of
equal opportunities for scholarships and training; including provision of relevant facilities and equipment as
well as in employment.
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