Intellectual disability affects significantly large number of the population in Nigeria accounting for an estimated one percent. Over the years, issues affecting persons with intellectual disability had been of concern to families and all stakeholders in disability advocacy. Providing adequate support for persons with intellectual disabilities is essential for promoting their social inclusion, independence, and overall well-being.
In Nigeria, support systems for persons with intellectual disabilities is not given the needed priority, resulting in significant gaps between policy/legal provisions and their implementations.
As the world move towards inclusivity and full inclusion of persons with intellectual disability, the theme for this year’s celebration of the World Down Syndrome day which was selected by the United Nations to be “Improve Our Support System” resonates with the hope and expectation of most persons with Down syndrome and other intellectual disabilities.
The basis upon which persons with disability is entitled to supports is based on our shared humanity and equality of all citizens before the law. This is reflected in section 17(1) & (2) of the Constitution of the Federal Republic of Nigeria which specifically affirm the Nigerian social order to wit: – “The State social order is founded on ideals of Freedom, Equality and Justice …
The big question then remains whether the legal and policy regimes in Nigeria in relation to the economic, social, educational, health as well as the political needs persons with Down syndrome or other intellectual disabilities reflect the above stated ideals of Equality and Justice as contained in the Constitution.
Persons with intellectual disability had consistently had to deal with lack of adequate and appropriate support in Nigeria as of right. Supports like healthcare and therapeutic services, inclusive and special educational services, employment and special training opportunities, social and community support is not being prioritized at the local, state or National level of government and therefore had continued to elude majority intellectual disability.
This is contrary to the current global standard where Countries are aggressively pushing for total improvement on the welfare and matters affecting persons with disability generally with particular attention for matters affecting the intellectual disability cluster as statistics shows they have been the most neglected.
Sadly Nigeria still operates charity approach to disability welfare and needs, in contrast to the tone and spirit of the Constitution and other relevant laws regulating disability affairs.
Down syndrome and other intellectual disability are basically conditions arising from the circumstances of one’s birth. Therefore, it will be inhuman to relate or treat a citizen with such condition as not deserving of the highest standard of benefits enjoyable by every other citizens. Doing that negates the spirit and express provision of Section 42 (2) of the Constitution which states that: - “No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.”
As we make demand for improving the support system of persons with Down syndrome and by extension other intellectual disabilities, it is our expectation that fast and total implementation and enforcement of all existing and supportive legal instrument like the 1999 Constitution, Discrimination Against Persons with Disability (Prohibition) Act, United Nations Convention on the Rights of Persons with Disability (UNCRPD), National Policy on Special Needs Education and other relevant legal instruments are activated to address the numerous concerns and issues affecting persons with intellectual disability. This will ensure a more supportive environment for persons with intellectual disability, enabling them to thrive and contribute to the society.
Ijeome Fynecontry is a Lagos based legal practitioner and the Legal Resource person for Down Syndrome Foundation Nigeria.
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