Children’s Charter by failing to ensure education is available, accessible,
acceptable and adaptable to the needs of PWA.
G. Alleged violation of the right to the enjoyment of the highest attainable
standard of health
326. The Applicants aver that the physical conditions of PWA, including impaired
vision, lack of pigmentation, and vulnerability to skin cancer among others,
limit their participation in social life on an equal basis with other members of
the society.
327. According to the Applicants, many PWA die of skin cancer between the ages
of 30 and 40 and that the susceptibility of PWA to skin cancer is exacerbated
by the fact that they undertake menial jobs and therefore cannot afford the
treatment. The Applicants argue therefore, that this is a violation of the right
to health.
328. The Respondent State alludes to the laws it has enacted in relation to health
of persons with disabilities. In this regard, it refers to section 26(1) of the
Persons with Disabilities Act (hereinafter referred to as “PDA”) which
provides for reasonable standard of health care services for all the
population, without discrimination.
329. The Respondent State also argues that section 34(1) of the PDA imposes
a duty on every employer to ensure safe and healthy working conditions for
all employees with disabilities. Other policies that the Respondent State
relies on are the following: Code of Ethics for Public Health Care Services
to Persons with Disabilities 2020 and Tanzania Health Policy 2017.
330. The Respondent State also contends that it organises mobile skin clinics for
PWA through the Kilimanjaro Christian Medical University College Hospital
in eight regions in 33 sites, every six months. These programs, the
Respondent State contends, include: awareness raising component, full
screening pre-cancerous lesions on PWA, where PWA are provided with
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