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The South African Human Rights Commission (“the SAHRC”) conducted a mediation between Ms Otilia Barnes, a visually impaired patron and the La Principessa Bridal and Evening Wear Store in Umhlanga on Thursday, 11 April 2019 at the SAHRC’s KwaZulu-Natal Provincial Office in Durban.
The SAHRC had registered an own initiative complaint after being alerted to a post that was made on the social network site, Facebook on or about 09 August 2018. According to the post it was alleged that Ms Barnes had been refused access to the Bridal and Evening Wear Store due to her being accompanied by her guide-dog. The Facebook post further alleged that despite Ms Barnes explaining her impairment and the need for her to be accompanied by her guide-dog, the Store’s Manager refused to allow her guide-dog into the store.
The SAHRC investigated the matter and found that Ms Barnes had been allowed to enter the store, however her guide-dog had to be tied to the stores security gate and was therefore unable to provide Ms Barnes with the necessary support. Whilst Ms Barnes had been accompanied by her mother on the day in question, the SAHRC noted the store’s lack of awareness on the rights of persons with disabilities to use guide, service and/or autism support dogs.
The parties entered into a mediated settlement agreement which stipulates that the store owner is required to provide on-going awareness training to all employees, thereby ensuring that they are equipped to attend to persons with visual impairments and to persons with disabilities in general. The store owner was further required to put up visible signage at all of his branches and/or businesses promoting access to guide, service and/or autism support dogs.
Having dealt with several similar matters before, the SAHRC is deeply concerned with the on-going violations of the rights of persons with disabilities in various sectors of society. It therefore intends to partner with relevant stakeholders to raise awareness on the rights of persons with disabilities particularly in regard to reasonable accommodation, accessibility to infrastructure, information, equal services and to general inclusivity in all sectors of society.
There are various domestic, regional and international legislative enactments in place which provides for persons with disabilities to have their dignity respected and protected, to be treated as full and equal citizens, to be protected from all forms of unfair discrimination and to be socially accepted. The SAHRC is accordingly committed to advancing the rights of all persons with disabilities in ensuring that they are treated equally and with respect and dignity at all times.
Issued by the KwaZulu-Natal Provincial Office of the South African Human Rights Commission
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