Achieving equality and accessibility for persons with visual impairments: uncovering deficiencies in South African consumer protection and labelling legislation

Abstract

This thesis delves into the intricate landscape of product labelling legislation in South Africa, shedding light on its inherent inaccessibility concerning product labels and accompanying leaflets. By meticulously examining the stipulations set forth in the legislation, this research identifies instances where the prescribed methods of label presentation pose significant barriers for persons with visual impairments. South Africa, as a party to the United Nations Convention on the Rights of Persons with Disabilities is bound by specific accessibility obligations. Among these obligations lies the imperative to ensure the accessibility of product labels, a facet that is pivotal in empowering persons with visual impairments to make informed choices. This research draws attention to the alignment between South Africa’s commitment to the Convention and its responsibility to address the accessibility challenges within its product labelling framework. The legislation governing product labelling encompasses a myriad of requirements dictating how information should be presented on labels and leaflets. Through a meticulous analysis of these stipulations, it becomes evident that the prescribed methods predominantly cater to individuals with full visual capacity, inadvertently marginalising those with visual impairments. This raises concerns about the legislation’s compliance with South Africa’s obligations under the Convention. The Convention emphasises the principles of non-discrimination, equality, and accessibility, urging its signatories to take actions to eliminate barriers and ensure equal opportunities for persons with disabilities. The accessibility of product labels emerges as a critical aspect in this context, representing the tangible application of these principles in the realm of consumer rights. The research argues that the South African government, in upholding its commitment to the Convention, is duty-bound to address the accessibility challenges inherent in its product labelling legislation. While acknowledging the complexities of amending established legal frameworks, this thesis advocates for a proactive approach in aligning the legislation with international standards of inclusivity.