From Legal Recognition to Substantive Equality: Promoting and Protecting the Rights of Persons with Disabilities in Nigeria 61 29

Abstract

Nigerian law guarantees persons with disabilities equal rights, participation, and protection. While Nigeria has developed an enabling legal framework that protects disability rights, including the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 and other legal and international obligations, a gap remains between formal recognition and substantive equality. This paper explores how Nigeria's legal and institutional framework protects the rights of persons with disabilities, particularly equality, non-discrimination, accessibility, participation, and remedies. This is done in an attempt to gauge how adequate the laws and institutions are and to suggest ways of improving inclusiveness. The study employs the library-based doctrinal research methodology and uses legislation, judicial opinions, international instruments, books, journals, and institutional materials. The study points out the discrepancy in the implementation of legislative measures, especially in relation to issues of accessibility, capacity, awareness, reasonable accommodation and remedies. Persons with disabilities continue to face from social isolation, discrimination, limited access to education and employment opportunities,inaccessibility of infrastructure and ineffective enforcement mechanisms. All these contribute towards failure in the process of transitioning from legal recognition to substantive equality. The study recommends effective implementation of disability legislation, effective enforcement institutions, access to public infrastructure, reasonable accommodation and greater public awareness. The study concludes that legal recognition, while crucial, cannot ensure equality on its own; further implementation, accountability and institutional commitment are required to achieve substantive equality and the realisation of the rights of people with disabilities in Nigeria.