What Rights Do Persons with Disabilities Have in Trinidad and Tobago?
Having a disability in Trinidad and Tobago does not exclude one from having access to the same fundamental human rights and freedoms as all other citizens. These rights come from the Constitution, national laws like the Equal Opportunity Act, and international treaties the State has ratified, namely the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which was signed on 27th September 2007 and ratified on 25th June 2015
According to the UNCRPD, disability is an evolving concept and persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which may hinder their full and effective participation in society on an equal basis with others.
These rights include but are not limited to:
Equal Protection Under the Constitution
The Constitution of the Republic of Trinidad and Tobago guarantees every person equal protection of the law and equality of treatment from public authorities. This means a person cannot be treated differently by the State simply because of a disability.
Protection Against Discrimination
The Equal Opportunity Act (EOA), Chapter 22:03, explicitly prohibits discrimination on the basis of disability. Persons with disabilities who face discrimination in areas such as employment, healthcare, education, access to justice, provision of goods and services, accommodation and housing can file complaints with the Equal Opportunity Commission.
Ratification of the UN Convention on the Rights of Persons with Disabilities
Trinidad and Tobago ratified the (UNCRPD) on 25th June 2015, which means that T&T is now legally bound to implement the Treaty’s mandate to protect and promote the rights of persons with disabilities.
Reasonable Accommodation
Reasonable accommodation must be made for persons with disabilities in terms of changes or adjustments that allow them to participate equally in work, school, and public life. This is a balancing act and should not be seen as providing special treatment to disabled persons nor should it place an undue burden on the employer or institution. It is about enabling equal access to persons with disabilities and can include a range of activities, depending on the disability, for example, installing ramps, accessible toilets, flexible work schedules and assistive devices or technology.
Access to Public Services and Infrastructure
Measures are continuously being put in place to improve physical access in public spaces for persons with disabilities when accessing transportation, buildings, information, and communication. For instance, Disability Parking Signs, Ramps for wheelchair access, Braille writing on elevators among other things are steps forward to promote inclusivity.
Social Support and Financial Assistance
Persons with qualifying disabilities can apply for government support through grants such as the Disability Assistance Grant (available to adults certified as permanently disabled if certain criteria are met). This provides monthly financial support to eligible individuals.
Access to Education and Health Services
The UNCRPD and national policies aligning with it, emphasize the right to accessible education. Article 24 of the Convention states that States Parties shall ensure that:
“2. a) Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability.”
Support for such persons is also a requirement. Some measures that States Parties are required to take include employing teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training must include disability awareness and the use of appropriate enhancive and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.
Article 25 of the UNCRPD requires States Parties to ensure the highest possible standard of health for persons with disabilities. That includes reasonable adjustments in schools and equal treatment in healthcare settings. States Parties must implement measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. Particularly, States Parties shall:
“a) Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes.”
To ensure accessibility, these services must be as close as possible to people’s own communities, including in rural areas. The Wheelchair Bus Service is one of these services in Trinidad and Tobago that citizens with Disabilities can access.
Public Activities
Persons with disabilities can participate in Public activities such as voting and advocacy. There are a number of Advocacy and Support Groups for persons living with different types of disabilities and the UNCRPD and the EOA offers added protection.
What You Can Do if Your Rights Are Violated
If you believe you have been discriminated against because of a disability, you should:
- File a complaint with the Equal Opportunity Commission (EOC)
The EOC can investigate and take action against discriminatory practices. - Seek legal advice or representation
Lawyers and disability advocacy groups can help enforce your rights. - Engage with disability advocacy organizations
Civil society groups raise awareness and support inclusion efforts.
Submitted By: Ashya Gibbons-Moses
Legal Officer
Civil Legal Department
Legal Aid and Advisory Authority
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: [email protected]
Website: www.laaa.org.tt
This article is not legal advice. Consult an Attorney-at-law for legal issues.