Understanding the basics of the Disabilities and Equal Opportunities Act 2017
The Disabilities and Equal Opportunities Act 2017 is a landmark legislation enacted by the Parliament of Antigua and Barbuda. Its primary aim is to protect the rights of persons with disabilities and ensure they have equal opportunities in various aspects of life. The first section of the Act, titled “Short title and commencement,” is quite straightforward.
It states: “This Act may be cited as the Disabilities and Equal Opportunities Act 2017.”
This means that whenever this piece of legislation is referred to, it should be called the Disabilities and Equal Opportunities Act 2017. Additionally, the Act comes into operation on a date to be fixed by the minister by notice published in the Gazette.
This allows for the necessary preparations and dissemination of information before the Act is fully implemented. The second section of the Act, “Interpretation,” is crucial as it defines various terms used throughout the legislation. A “person with a disability” is defined as: “a person who has a physical, mental, intellectual or sensory impairment which has a long-term adverse effect on the ability of that person to participate fully and effectively in society on an equal basis with other persons.”
The Act aims to improve the general standard of living for persons with disabilities. Provide a clear and comprehensive national mandate to eliminate existing discrimination against persons with disabilities and prevent further discrimination. Promote the principle that persons with disabilities are entitled to equal rights and opportunities on a national level.
These objectives and the comprehensive definition are central to understanding the Act’s purpose and scope, ensuring protection and equal opportunities for persons with disabilities in Antigua and Barbuda. Understanding terminology used throughout the Act is essential for interpreting the Act correctly.
Let’s look at some key terms defined in this section:
Communication – “includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology.” Layman’s terms: if a person with a visual impairment needs to access information, it should be available in Braille or large print, ensuring they receive the same information as everyone else.
Discrimination on the basis of disability – “means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” Layman’s terms: if an employer refuses to hire someone solely because they have a disability, this constitutes discrimination under the Act.
Reasonable accommodation – “means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.” Layman’s terms: an office building might install ramps and elevators to accommodate employees who use wheelchairs, ensuring they can access the workplace like their colleagues.
Universal design – “means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design.” Layman’s terms: designing a public park with wide, flat paths that are accessible to everyone, including people with mobility issues, parents with strollers, and elderly individuals.
Sections 1 and 2 of the Disabilities and Equal Opportunities Act 2017 lay the groundwork for understanding the rest of the Act. They provide essential definitions and establish the Act’s commencement, setting the stage for the detailed provisions that follow.
By ensuring clear definitions, the Act promotes a better understanding and implementation of its provisions, ultimately striving for an inclusive society where persons with disabilities enjoy equal opportunities and rights.
The Disabilities and Equal Opportunities Act 2017 marks a significant step towards creating an inclusive society where persons with disabilities can fully participate and enjoy equal rights.
Sections 1 and 2 provide foundational definitions and establish the Act’s commencement, setting the stage for the detailed provisions that follow.
We will delve deeper into the various sections of the Act, exploring its specific provisions and their implications for individuals and organisations alike.
Stay tuned for these upcoming articles to gain a thorough understanding of this landmark legislation.
Should you have any questions or concerns, please reach out to us at [email protected] or 786-GOOD (4663). Together, we can foster a more inclusive and equitable society for everyone.
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