Last Change:

10/19/2026

THE PERSONS WITH DISABILITIES ACT, 2012

Original names of the law: THE PERSONS WITH DISABILITIES ACT, 2012

Year: 2012

Type: Domestic law

Rights Category: Health

Description

An Act to continue the existence of the Zambia Agency for Persons With Disabilities and define its functions and powers; promote the participation or persons with disabilities with equal opportunities in the civil, political, economic, social and cultural spheres; provide for mainstreaming of disability issues as an integral part of national policies and strategies of sustainable development; incorporate a gender perspective in the promotion of the full enjoyment of human rights and fundamental freedoms by persons with disabilities; ensure accessibility by persons with disabilities to the physical, social, economic and cultural environment, and to health, education, information, communication and technology; provide for the regulation and registration of institutions that provide services to persons with disabilities and organisations of, and for, persons with disabilities; continue the existence of the National Trust Fund for Persons with Disabilities; provide for the domestication Of the Convention on the Rights of Persons with Disabilities and its Optional Protocol and other international instruments on persons with disabilities to which Zambia is party, in order to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities and to promote respect for their inherent dignity; repeal and replace the Persons with Disabilities Act, 1996; and provide for matters connected with, or incidental to, the foregoing.

Selected provisions
Section 5 - Duty to respect and uphold rights and dignity of persons with disabilities

5. Every person has a duty to uphold the rights of persons
with disabilities and to respect and safeguard the dignity of persons
with disabilities.

Section 6 - Prohibition discrimination and use of derogatory names

6. (1) A person shall not discriminate against a person with
disability on the basis of disability.
(2) A person shall not exploit or subject a person with disability
to abusive, violent or degrading treatment including their gender-
based aspects.
(3) A person shall not call a person with disability any derogatory
name because Of the disability of that person.

Section 8 - Legal protection and participation in legal proceedings

8. (l) A person with disability shall enjoy legal capacity on an
equal basis with others in all aspects of life.
(2) The Judicature shall take necessary measures to ensure
that persons with disabilities have equal and effective protection
and equal benefit of the law without discrimination.
(3) Where a person with disability is a party in any legal
proceedings, the adjudicating body shall take into account the
condition of the person with disability and provide procedural and
other appropriate facilities to enable the person with disability to
access justice and participate effectively in the proceedings.

Section 27 - Access to health services

27. The Minister shall, in collaboration with the Minister responsible for health, take appropriate measures to ensure access for persons with disabilities to health services that are gender sensitive and to health-related rehabilitation and shall, in particular, prescribe measures to— (a) provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population- based public health programmes, (b) provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimise and prevent further disabilities, including among children and older persons; (c) provide health services as close as possible to people's own communities, including rural areas; (d) require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, among others, raising awareness of the human rights. dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care;(e) prohibit discrimination against persons With disabilities in the provision of health insurance, and life insurance, where such insurance is permitted by law, which shall be provided in a fair and reasonable manner; and (J) prevent discriminatory denial of health care or health services, food and fluids on the basis of disability.

Section 28 - Health programmes

28. (l) The Ministry responsible for health shall, in formulating
and implementing health policies and programmes, provide for—
(a) free general and specialist medical care, rehabilitative
operation treatment and appropriate assistive devices
for persons with disabilities;
(b) measures for prevention of disability;
(c) early rehabilitation of persons with disabilities;
(d) systems to avail appropriate facilities and personnel to
local health institutions for the benefit of persons with
disabilities; and
(e) measures to enable persons with disabilities receive free
or affordable rehabilitation and essential medical services
in health facilities.
(2) The Ministry responsible for health shall include education
on disability and disability issues in health care programmes.

Section 32 - Habilitation and Rehabilitation

32. The Minister shall, in collaboration with State institutions
and non-governmental organisations, organise, strengthen and
extend comprehensive habihtation and rehabilitation services and
programmes in such a way that these services and programmes — (a) enable persons with disabilities to attain and maintain
maximum independence, full physical, mental, social and
vocational ability, and full inclusion and participation in
all aspects of life;
(b) begin at the earliest possible stage, and are based on the
multi-disciplinary assessment of individual needs and
strengths; and
(c) support participation and inclusion in the community and
all aspects Of society, and are voluntary and available to
persons with disabilities as close as possible to their own
communities, including in rural areas.

Section 64 - Request for legal action by Attorney- General

64. (l) The Agency may request the Attorney-General to take
appropriate legal action where—
(a) a person or group of persons is engaged in a practice
which is discriminatory under this Act; or
(b) the discrimination is a significant and substantial
infringement of the rights of persons with disabilities
and raises issues of public interest,
(2) Any person or group of persons aggrieved by an order
made in a legal action commenced pursuant to a request made
under subsection (l) may, within sixty days after the making of
such Order, apply in the prescribed form to the High Court for the
review of such order.

THE PERSONS WITH DISABILITIES ACT, 2012 - Generic