In an era where inclusivity and equality are paramount, the Disabilities and Equal Opportunities Act 2017 stands as a beacon of hope and protection for persons with disabilities in Antigua and Barbuda.
Part four of this Act, titled “Protection from Discrimination, Exploitation, Abuse, and Violence,” plays a crucial role in safeguarding the rights and dignity of individuals with disabilities. This section addresses the multifaceted challenges faced by these individuals and provides legal frameworks to combat discrimination, exploitation, abuse, and violence.
By examining the key provisions of part four and exploring real-life examples, we can understand the significance of this legislation in creating a just and equitable society.
Section 14 of the Act unequivocally states that a person with a disability shall not be subject to any form of discrimination on the basis of disability. This protection extends to ensuring equal protection and benefit of rights and freedoms as enshrined in chapter two of the Antigua and Barbuda Constitution Order.
Discrimination can take various forms, including denial of access to public spaces, employment opportunities, education, and healthcare services. The Act mandates that any distinction, exclusion, or restriction based on disability which impairs the recognition, enjoyment, or exercise of fundamental freedoms is prohibited.
“There are more than just one or two obvious barriers to disabled people in the workplace and job market. And disabled people’s feelings and orientations towards work should not be oversimplified. By and large, disabled people want to work.”(Pulrang, 2023)
Consider the following possible scenario. Jane is a qualified teacher with a physical disability who was denied a teaching position solely because of her disability. Jane should be able to file a complaint under the Disabilities and Equal Opportunities Act 2017.
The Disabilities Rights Tribunal should conclude that the school is guilty of discrimination and mandate not only Jane’s employment but also the implementation of inclusive hiring practices. This case underscores the Act’s role in promoting equal opportunities and dismantling discriminatory barriers.
This scenario would also set a precedent for other establishments and would possibly help change the narrative surrounding hiring individuals with disabilities.
“People with disabilities make up an estimated one billion, or 15 percent, of the world’s population. About 80 percent are of working age. The right of people with disabilities to decent work, however, is frequently denied. People with disabilities, particularly women with disabilities, face enormous attitudinal, physical and informational barriers to equal opportunities in the world of work.” (“Disability and work,” 2024)
Section 15 of the Act expands on the protection against exploitation, violence, and abuse, providing a comprehensive definition that includes economic abuse, emotional, verbal, psychological abuse, physical abuse, and sexual abuse.
It mandates that a person with a disability must not be subjected to any form of exploitation, violence, neglect, or abuse. Furthermore, it guarantees the right of victims to protective services and ensures that incidents of exploitation, violence, or abuse are investigated and prosecuted by appropriate authorities.
A possible case study involved John, a young man with an intellectual disability, who was subjected to economic and emotional abuse by a family member who controlled his finances and frequently belittled him.
Upon intervention by social services, John’s case should be brought to the tribunal. The abuser should be prosecuted, and John should be provided with protective services and financial management support. Protecting vulnerable individuals from exploitation and abuse, ensuring their safety and well-being is one of the key protection mechanisms that can be seen within the Act.
The Act establishes the Disabilities Rights Tribunal, which serves as a crucial mechanism for addressing grievances and ensuring justice for individuals with disabilities. Complaints regarding discrimination, exploitation, violence, or abuse can be filed with the tribunal, which has the authority to review, investigate, and render binding decisions on such matters. The establishment of the tribunal underscores the commitment to providing accessible legal recourse for persons with disabilities.
Part four of the Disabilities and Equal Opportunities Act 2017 represents a vital step towards creating a society where individuals with disabilities are protected from discrimination, exploitation, abuse, and violence.
Through robust legal provisions and the establishment of support mechanisms like the Disabilities Rights Tribunal, the Act empowers persons with disabilities to seek justice and enjoy their fundamental rights and freedoms on an equal basis with others. As we continue to strive for a more equitable society, the protections enshrined in this Act serve as a powerful reminder of our collective responsibility to uphold the dignity and rights of every individual.
“Expect that people with disabilities participating in a work-based learning experience are there to succeed. Keep your expectations high. Be positive and proactive in helping them achieve success. Career counselors and employers who follow the succeeding suggestions can help individuals with disabilities accomplish just that.” (“Strategies for working with people who have disabilities,” n.d.)
