117. The Applicants further argue that owing to the restrictive and discriminatory
environment within which PWA find themselves, many are forced to flee
from their homes due to fear of attacks.
118. The Applicants aver that the discrimination suffered by PWA fundamentally
translates into life-threatening attacks, and exclusion from family and
community care structures. Furthermore, due to their apprehension, they
are unable to properly benefit from the right to education because of
dropping out of school in order to avoid stigma. The PWA according to the
Applicants, also face challenges in education with regards to failure of the
Respondent State to reasonably accommodate them, by not catering for
their congenital vision problems.
119. The Applicants allege that the Respondent State has not done enough in
relation to policy and legislation, stressing that the stigma and discrimination
is structurally embedded and the social exclusion is worrisome.
*
120. The Respondent State contends that its laws abhor discrimination. It also
submits that it has taken affirmative action towards eliminating negative
perceptions towards PWA, which include: formulating the National Policy on
Disabilities, employment of PWA in private and public sector, including them
in development projects for their well-being, and inclusion of PWA in
government activities.
121. The Respondent State contends that out of the 71, 631 PWA living in its
territory,33 44,144 are gainfully employed. Furthermore, the Respondent
State argues that as part of affirmative action, PWA have allocation of
special seats in parliament. As illustration, the Respondent State named the
following PWA who are Members of Parliament: Hon. Barwan Salum, Hon.
Al Shaymaa Kwegyr, and Hon. Khadija Taya. In addition, the Respondent
33
United Republic of Tanzania, Population and Housing Census, 2022.
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