Ensure that facilities, air, seacraft are accessible to disabled people- Court tells GCAA, Port Authorities

Disabled people form an integral part of society and thus no society can benefit from the full potential of its people without working out a way to harness the full potential of its disabled people.

All disabled people are entitled to equal treatment under the law.

As such, the Ghana Civil Aviation Authority and Port Authorities and other operatives in their industries must take proactive steps to ensure inclusion with disabilities in the use of their services and facilities.

These formed part of the dicta of the Court of Appeal in the opinion of Bartels-Kodwo(Mrs) in the case between a physically challenged person and the Africa World Airline.

The applicant, Rita Kriba, a physically challenged person, instituted this action after she was prevented by the staff of the airline from boarding, after going through the various formalities because she was physically challenged.

In the judgment, the court further noted that the social theory or model of disability moves away from the focus on individual bodies and medical conditions as creating disability, to the idea that a person is only disabled as long as their society does not consider them in crafting policy and building public infrastructure.

Further, it was indicated that disabled people have a lot to contribute to society but in many cases are unable to because infrastructure and policy that would enable them to contribute more fully to society do not exist.

The court added that even though the framers of the 1992 Constitution and the Persons with Disabilities Act, 2006(Act 715) may not have made specific reference to the social theory, it is clear that they subscribe to the theory that society has the power to harness the full potential of persons with disability through the law and policy.

Moreover, the court was guided by the imperative placed on interpreters of Ghanaian law to interpret the laws in a manner that advances or protects human rights, as well as promotes creative development of the law, which in turn promotes the development of the country.

The court has meanwhile overturned the judgment of the High Court in favor of the appellant and awarded a sum of Two thousand Cedis against the Africa World Airline.