Disabilities Act yet to break down barriers... but few successes recorded at tribunal

Four years after Jamaica implemented the Disabilities Act, structural and communication barriers continue to hamper members of the disabled community, according to inclusion advocate Alister McLean.

McLean said inconsistencies in public infrastructure remain a major concern, particularly for wheelchair users who face difficulty accessing sidewalks.

“When you look at the roads, there is a lack of consistency in terms of the buildout. So you’ll note that many of the sidewalks don’t have curb cuts so that wheelchair users can mount those sidewalks,” McLean said in a Gleaner interview.

He also criticised the Government’s communication systems, saying that they often failed to effectively reach people with disabilities, particularly during emergencies.

“When Hurricane Melissa was approaching Jamaica, persons who are deaf did not have consistent communication all throughout,” he said.

McLean said disaster management must take into account the different needs of people with disabilities, stressing that there can be no blanket approach.

The disabilities spokesman said the State must develop appropriate communication and support mechanisms for the various groups, noting that “it can’t be a one-size-fits-all” approach.

He pointed to government websites as another area where accessibility remains a challenge. McLean said visually impaired people may require larger fonts to read information, and websites should also clearly label links to make navigation easier for people who are blind.

McLean, who serves as disability inclusion advocate at the Jamaica Council for Persons with Disabilities (JCPD), said greater public education is needed in both the public and private sectors to improve understanding of the Disabilities Act and the protections it provides.

The legislation was passed in 2014 and implemented in 2022 to safeguard the rights of people with disabilities in Jamaica.

McLean said he intends to ramp up public-education efforts in his role at the JCPD, with the aim of increasing awareness of the law and the rights and protections available to people with disabilities.

Meanwhile, JCPD legal officer Travis Ebanks said the Disabilities Rights Tribunal has been receiving and adjudicating complaints from people who believe their rights have been infringed under the act.

Ebanks told The Gleaner that several matters have gone before the tribunal, with judgments delivered in some cases.

The legislation also gives the JCPD a mediation role, allowing disputes to be resolved before they reach the tribunal.

“We have a number of instances where both complainant and respondent, through the mediation role of the JCPD, have been able to settle their disputes,” Ebanks said.

He added that several matters have been withdrawn from the Tribunal following successful mediation by the JCPD.

Ebanks explained that the council’s first responsibility is to receive complaints and determine whether there is a prima facie case of discrimination or a discriminatory act against a person with a disability.

Where such a case is established, the JCPD facilitates mediation. If the parties cannot resolve the matter through conciliation, it is referred to the Disabilities Rights Tribunal for adjudication.

Ebanks also acknowledged the need for greater public education, saying people with disabilities must be more aware of the avenues and mechanisms available to them when their rights are infringed.

edmond.campbell@gleanerjm.com