Promoting Inclusivity through Legal Frameworks: An analysis of Ghana’s Disability Policies and their Effectiveness in Supporting Children with Intellectual Disabilities

Abstract

This study critically examines Ghana’s disability policies and legal frameworks, focusing on their effectiveness in supporting children with intellectual disabilities. Despite progressive legislation, most notably the Persons with Disability Act 2006 (Act 715) and the Disability Inclusive Education Policy (2015), and Ghana’s ratification of the United Nations Convention on the Rights of Persons with Disabilities in 2012, substantial gaps persist between policy commitments and practical implementation. Children with intellectual disabilities continue to face systemic barriers to education, healthcare and social inclusion, compounded by stigma, inadequate infrastructure and a shortage of trained professionals. The research adopts a doctrinal legal methodology, analysing primary legal instruments, constitutional provisions and international treaties, alongside comparative policy models from other jurisdictions. Findings reveal that while existing policies partially align with international standards, they lack enforceable mechanisms, targeted family support and provisions for individuals with intellectual disabilities, resulting in fragmented service delivery and minimal accountability. Socio-cultural beliefs attributing disabilities to supernatural causes further exacerbate exclusion, especially in rural areas where resources are scarce. The study highlights the ‘double discrimination’ effect of societal stigma and geographic inequality, underscoring the lack of coordinated, adequately funded and monitored interventions. A comparative analysis of disability rights frameworks in South Africa and Kenya suggests that participatory policymaking, community-based rehabilitation and strong oversight bodies can enhance inclusion outcomes. Recommendations include amending Act 715 to explicitly address intellectual disabilities, strengthening enforcement and monitoring systems, establishing a national disability action plan and implementing family-centred support services such as respite care, psychosocial assistance and economic empowerment programmes.