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Rights of Persons with Disabilities

Convention on the Rights of Persons with Disabilities

The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

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Protecting the Rights of Pwds

How the Tribunal Works

This is the body that has been put in place to settle claims of discrimination. A judge, who is the Chairman of the Tribunal, will hear these
claims and decide the case either for the PwD (the aggrieved), or the person who the claim is being brought against (the respondent). The decision by the judge will be based on the rights of both parties as stated in the Act. The role of The Jamaica Council for Persons with Disabilities Under the Act. The Council has several important roles in championing the rights of PwDs.

  •  Advisory – to advise both Government and the disabilities sector about issues on disabilities.
  •  Advocacy – to champion the rights of PwDs
  •  To maintain a Confidential Register of PwDs . This helps to make planning for and mobilizing PwDs more effective
  •  Public Awareness & Education
  •  To conduct Research
  •  To Monitor the Implementation of the Act by:Disability Audits

– for example inspectionof Buildings for physical access
– investigation of complaints

  •  To Provide Legal Assistance to PwDs for Tribunal issues

CLICK TO VIEW CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND OPTIONAL PROTOCOL

Inclusion means

  1. Having a sense of belonging
  2. ALL people living, learning, working and playing together regardless of ability

There are three Non Negotiable Pillars of Inclusion:

  • SUPPORT;
  • PARTICIPATION;
  • ACCESS

Inclusive Education means maximizing access, support, participation and progress of ALL students in education

Reasonable Arrangements

This refers to any special adjustments and devices that may have to be used, made or included so that persons with disabilities can enjoy their rights and fully participate in the advancement of society.

Some reasonable arrangements are:

  •  The provision of auxiliary aids and services.
  •  Obtaining or altering devices that reduce the effect of a disability being experienced by an individual
  •  Duly qualified interpreters, technologies etc.

Disproportionate or Unique Burden

If “the reasonable arrangements” are going to cost way too much to put in place, then this may cause an undue burden on the person or company who has to do it. But you can’t just say that it will be an undue burden. Under the Act you have to prove it.

What’s all this about Access?

It’s easy for us to have a conversation with a service provider, walk up or down steps, or into an elevator. But have you ever thought about how difficult it is for some persons with disabilities? Making their way around or trying to get information can be a nightmare of frustration and impossibilities if the right accommodations are not in place to enable their access. LEARN MORE ABOUT MAKING HOMES AND BUSINESSES ACCESSIBLE NOW! You need to know because these accommodations are all part of the Disabilities Act!

The following are research reports conducted by the JCPD. 

COMPREHENSIVE REPORT ON THE SITUATIONAL ANALYSIS OF PERSONS WITH DISABILITIES IN JAMAICACHILDREN AND SPECIAL NEEDS GUIDE TO RESOURCES IN JAMAICA