Recognising Descriptive Representation in Legislative Bodies for Persons with Disabilities as a Fundamental Right: An Analysis of the African Disability Protocol

The right to vote and the right to descriptive representation in legislative bodies are distinct rights. The right to vote is an individual right, while the right to descriptive representation in legislative bodies is a group right. Moreover, the right to vote is a means, while the right to descriptive representation is an end. However, prior to the adoption of the African Disability Protocol (AfDP) in 2018, the right to descriptive representation in legislative bodies was not recognised as a stand-alone human right in any international and regional human rights treaties, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) (also known as the International Bill of Rights) and the Convention on the Rights of Persons with Disabilities (CRPD), unlike the recognition given to the right to vote. Nevertheless, the AfDP has recognised, under Article 21 (2)(d), the right to descriptive representation in legislative bodies at the regional, sub-regional, national and local levels as a human right for persons with disabilities. Despite this recognition, there has been no research conducted to fully explore the scope and content of this right as defined by the protocol. Therefore, the purpose of this piece is to provide analysis to comprehend the extent and details of the right to descriptive representation in legislative bodies as recognised by the protocol. The analysis also aims to assist state parties in effectively implementing this right in accordance with the provisions of the protocol.