“An Examination of the Legal Safeguards for the Right to Education on individuals with Physical Disabilities in Mainland Tanzania: In a Comparative Analysis with Kenya.

Kaika, Analyse D. (2025) “An Examination of the Legal Safeguards for the Right to Education on individuals with Physical Disabilities in Mainland Tanzania: In a Comparative Analysis with Kenya. Masters thesis, The Open University of Tanzania.

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Abstract

This study investigates the legal safeguards on the right to education for individuals with Physical Disabilities in Tanzania Mainland, aiming to identify gaps, challenges, and improvement areas through exploring the best practices at International standards. Generally, the main methodology employed is doctrinal and Comparative methods where by the legal text are referred from Tanzania with Kenya Policy and Legislations to identify their similarities and differences through Primary and Secondary data. This research argues that, despite Tanzania's being a member state of the United Nations and ratification of major International Conventions and Treaties that establish the right to education for individuals with disabilities, still its domestic framework lacks protection for the right to education for disabled individuals, particularly physical impairment. Notably, despite of the absence of a biding policy that supports inclusive education strategies, Also the Country's Constitution does not explicitly mention this right or incorporate it into human rights provisions, making it difficult to enforce it in court. Instead, it is provided under fundamental Objectives and Directives of the State Policy. The study suggests that, Tanzania should incorporate with standards from article 24 of the UNCRPD, 2006 as well as article 13 the International Covenant on Social, Economic and Cultural Rights (ICSECR) of 1966 into its Constitution. Key words: Legal Safeguards, Right to education, Physical disabilities, Tanzania main land

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