The implementation of reasonable accommodation for people with disabilities in the chief magistrates’ courts in Kampala metropolitan

Abstract

This study focused on the implementation of reasonable accommodation for persons with disabilities in the Chief Magistrates’ Courts in the Kampala Metropolitan Area. In particular, it assessed the factors influencing the provision of reasonable accommodation by judicial officers; examined how individualized reasonable accommodation is provided to persons with disabilities; and analysed the systemic and institutional factors within the judicial system that affect the implementation of reasonable accommodation. A qualitative research approach using an exploratory case study design was employed. Seventeen (17) participants - 3 Chief Magistrates, 3 Magistrates, 4 Prosecutors, 4 Court Clerks, and 3 Persons with Disabilities were purposively selected. Data was obtained through interviews and an observation checklist and was thematically analysed. The study identified the following key factors influencing the provision of reasonable accommodation in Kampala Metropolitan’s Chief Magistrates’ Courts: Judicial officers’ awareness of the need to provide reasonable accommodation, affecting their willingness to accommodate persons with disabilities. Resource limitations, including inaccessible court infrastructure and lack of assistive devices, hindered effective implementation. Attitudes influenced accommodation efforts, with personal experience fostering empathy, while stigma caused uneven treatment. Institutional gaps such as lack of formal guidelines, training, and accountability mechanisms resulted in inconsistent practices. Individualized accommodations were often informal and ad hoc, lacking standardized processes or consultation with persons with disabilities. Structural challenges included absence of policies, inadequate budgets, and poor collaboration with disability organizations. The study concluded that reasonable accommodation in Kampala Metropolitan’s Chief Magistrates’ Courts is inconsistently provided, unclear guidelines, inaccessible infrastructure, insufficient training and, relying on individual goodwill due to limited funding. The study recommends establishing guidelines on provisions of reasonable accommodation, enhancing capacity building for judicial staff, improving physical accessibility, allocating designating a staff on matters related to disability inclusion, increasing funding for reasonable accommodation, and fostering partnerships with disability advocacy groups to ensure consistent and sustainable access to justice for persons with disabilities.