Disabilities Rights Tribunal Settles Complaints

Jamaica has been making steady progress in advancing the rights of persons with disabilities, particularly since the implementation of the Disabilities Act in 2022.

Chief among this is the establishment of the Disabilities Rights Tribunal, which was created under Section 15 of the Act.

Since its inception in 2023, the Tribunal has been instrumental in addressing complaints related to education, employment, accessibility, and public services.

To date, 55 cases have been received, of which 29 have been investigated and resolved, eight have been closed, eight have been referred to the Disabilities Rights Tribunal, one to the Disputes Resolution Foundation and nine are under assessment to determine the next steps.

Minister of Labour and Social Security, Hon. Pearnel Charles Jr., said the tribunal is the formal mechanism for addressing complaints of discrimination, ensuring that persons with disabilities have a path for redress when they feel their rights are violated.

To access this service, persons with disabilities must submit a formal complaint to the Jamaica Council for Persons with Disabilities (JCPD) or complete the Complaints Form used to assist persons in submitting their complaints.

“The JCPD will then investigate and, in consultation with both the aggrieved party and the respondent, determine whether the case will proceed to alternative dispute resolution or be sent directly to the Disabilities Rights Tribunal,” Mr. Charles Jr. explained, during a statement in the House of Representatives, recently.

“The establishment of this tribunal is a massive win for Jamaica. It distinguishes us regionally, and it really carries us to the international standards,” the Minister pointed out.

There are approximately 17,130 persons with disabilities registered with the JCPD.

Another achievement facilitated by the Act is the establishment of the JCPD as a body corporate, giving the Council greater power and autonomy in carrying out its mandate in supporting and advocating on behalf of persons living with disabilities, including acting on cases of discrimination.

Executive Director of the JCPD, Dr. Christine Hendricks, explained that this move resulted in the entity moving from only employing eight persons to now having an organisation consisting of 72 persons.

“Of course, we look at eight to 72 and think that is huge. We have closed the gap; however, if we are to cover Jamaica adequately, monitor the Disabilities Act with all the infrastructure and what is required, we will need to be everywhere,” Dr. Hendricks argued.

She emphasised the importance of partnerships, hence the JCPD has been partnering with ministries, agencies and departments (MDAs) that have responsibility for infrastructure development to ensure compliance with the Act.

Dr. Hendricks noted that there is a representative from the Ministry of Local Government and Community Development on the JCPD Board, with both entities working closely “to look at how we can adequately ensure that our infrastructural development is better than [what] it is… ensuring that accessibility is greater”.

“We launched an Accessibility Checklist in 2023 that will be a quick guide to identify the challenges of the infrastructure, for easy fix. We will seek to work with the Ministry of Local Government, as they have responsibility for the building code and the Building Act, to ensure that there is some synergy and introduction of it as a critical tool to help persons identify and make the necessary changes, and in their building ensure that the standards are upheld,” she said.

“I know that the building code indicates the varying standards; however, from time to time, persons somehow vary from the standards that are there, and so the buildings end up not being as accessible. But we are in discussion with our partners to ensure that this becomes a vital tool in our approvals of building plans. So, that’s one solution we’re working towards,” the Executive Director added.

Dr. Hendricks also spoke to forging a partnership with the Ministry of Labour and Social Security, as they have a large cadre of social workers to help not only to identify persons with disabilities but also to facilitate them benefiting from social services from the JCPD and also through the Ministry.

Meanwhile, Mr. Charles Jr. said the JCPD has partnered with the Ministry of Health and Wellness, through the New Limb New Life programme and has provided prostheses worth more than $52 million to approximately 130 individuals.

The Minister also mentioned the partnership with the Ministry of Justice, where legal aid fairs are held across the island, through the Legal Aid Council, to advance the rights of persons with disabilities, particularly through legal initiatives and inclusive support systems.

“The Legal Aid Council has been focusing on improving the information passage on the advancement of rights, specifically teaching persons with disabilities and those who have to interact with them how to navigate the different legislation and how to access all of the support systems that are available in the Ministry of Justice,” Mr. Charles Jr. said.

Additionally, the partnership with the Ministry of Culture, Gender, Entertainment and Sport has been noted in several areas, including National Labour Day efforts to improve access to schools and communities for persons with disabilities and seniors.

“Our Prime Minister has ensured that the New Social Housing Programme continues to prioritise building homes for vulnerable Jamaicans, particularly those with disabilities,” the Minister said.

He added that the Ministry continues to partner with the National Housing Trust (NHT) and Housing Agency of Jamaica (HAJ), noting that the NHT provides a grant of $300,000 to persons with disabilities or their caregivers for retrofitting their home for greater access.

Mr. Charles Jr. also cited the income tax exemption, which predates the enactment of the Disabilities Act but continues to be relevant in offering professionals with disabilities income tax relief once they are clients of the JCPD earning over the threshold and satisfy the criteria.