White Paper on Disability for Antigua and Barbuda

Prepared and presented by the Antigua & Barbuda Association of Persons with Disabilities

Address to the Constitution Review Commission of Antigua and Barbuda

Multipurpose Centre, Perry Bay, St. John's, September 18th,

Click here to read the Constitution Review Commission Report released in 2002.

  1. PRELIMINARY

The Antigua & Barbuda Association of Persons with Disabilities wishes to thank the Commission for granting the Association this opportunity to address the Commission on issues relating to members of the Association.

The Association is particularly grateful when we consider that the Commission has been more than accommodating in working with the Association to find a date and time that is suitable to us, and indeed to receive this presentation in this forum during the extended life of the Commission.

We are extremely happy to have been given the opportunity and are encouraged by the Commission’s response to our desire to make this presentation, despite the fact that several changes in the preparation of the Draft Policy had to occur so that we could be present tonight.

We welcome the work of the Commission in this area of Constitutional Reform, it being so essential to the continued development of our small nation, and hope that our contribution to the deliberations of the Commission would influence the process of reform and in so doing bring about an improvement in the lives of persons with disabilities.

  1. THE ASSOCIATION

Allow me to give you a brief overview of the Antigua & Barbuda Association of Persons with Disabilities. The group was formed in 1995 out of concerns expressed by persons with disabilities for a core group to directly address issues relating to disability and which persons had a desire to see that core group being itself comprised of persons with disabilities.

Our intention was to actively demonstrate to the wider community that persons who are disabled are capable, despite the fact of their disability of functioning in a meaningful way in our community, despite the fact that in order to so function, assistance may be needed from other persons who are not disabled. The Group therefore sees itself working alongside the wider community in a partnership which enables both persons with disability and others to pool whatever skills and resources are available to enable persons with disability to function optimally in the society.

The Association was incorporated on 24th April, 1996 as a non profit institution under the Companies Act of Antigua and Barbuda as No. 3619 of 1996 with three primary objects:

(i) to take action throughout Antigua & Barbuda to raise awareness about persons with disabilities, their rights, their needs, their potential & their contribution and to foster in the society the recognition of these rights;

(ii) to promote the right to full participation and equality, meaning the right of every person with a disability to share in the social life of the community in which he or she lives, and enjoy living conditions equal to those of other citizens, including an equal share in the improvement in standards of living resulting from social it and economic development; and

(iii) to have as a primary obligation the goal of making transportation, social and health services, educational and work opportunities, physical environment, housing, cultural and social life, including sports and recreational facilities completely accessible to all.

Since its inception, the Association has functioned by:

  1. Registering with regional and international organizations as a member including the Disabled Peoples' International North American/Caribbean Region, Disabled Peoples' Organizations of the Caribbean and Disabled Peoples' International;

  2. Empowering our membership through training and exposure by attending seven (7) workshops and conferences and four (4) strategic planning and Council meetings in the Caribbean and Mexico;

  3. Keeping annual general meetings and monthly general meetings;

  4. Staging social events so that persons with disabilities and the general community can come together in a comfortable atmosphere;

  5. Helping three (3) persons to acquire prosthesis;

  6. Giving and lending assistive equipment to persons with disabilities;

  7. Introducing an ABAPD ID Card that identifies the person carrying it and includes a Preferential Parking Sticker;

  8. Publishing a newsletter named CHALLENGE in 1997 and has continued to disseminate information about disability through the electronic and print media;

  9. Successfully lobbying for wheelchair accommodation at the Antigua Recreation Grounds;

  10. Using our 2nd Anniversary Concert in 1997 to generate funds and public interest for the establishment of the Amazing Grace Home for Children with Disabilities;

  11. Giving small financial grants and loans to persons with disabilities for medical attention, entrepreneurship, purchase of computers & land and home repairs;

  12. Launching a web site http://www.abapd.org in 1999;

  13. Facilitating a team commissioned by UNICEF to conduct a Situation Analysis of Children with Disabilities in Antigua and Barbuda in 1999;

  14. Coordinating and hosting a two (2) day workshop for training technical and vocational professionals in Antigua and Barbuda on the integration of persons with disabilities sponsored by the OAS Multilateral Project on the Equalization of Opportunities for Persons with Disabilities in 1999;

  15. Successfully lobbying for a young man with amputated leg to be employed at the Ministry of Public Works in 2000;

  16. Hosting the two (two) day regional council meeting of the Disabled Peoples' Organizations of the Caribbean at the beginning of 2001;

  17. Successfully lobbying on behalf of a blind man to secure land in 2001.  We will be assisting him physically and possibly financially to have his house moved to the property.

  18. Successfully lobbying to have a ramp built to the house of a wheelchair user in 2001 at no cost;

In addition to these activities in June 2001 the Association completed a Draft Policy on Disability which we hope will be considered and accepted by the Government of Antigua & Barbuda after discussion with all relevant stakeholders as a National Policy on Disability for Antigua & Barbuda. With the Commission’s consent, the Association will present a copy of the Draft Policy on Disability to the Commission with a copy of tonight’s address at the end of tonight’s proceedings.

We believe that the aims and objects of the Association as expressed in the Articles and By Laws of the Association are capable of being achieved with some assistance from the wider community working in partnership with the Association.

We also believe that our aims and objectives are consistent with the principles that guide our Constitution and that in fact the framers of the Constitution, in setting out in the Preamble to the Constitution, the principles upon which the Constitution are founded, in their wisdom used language that embraces the very issues which the Association is striving to have recognized by the wider community.

  1. DISABILITY

Disability has traditionally been viewed as either a medical or a social issue. As a medical issue the community’s response has traditionally been to address the immediate issue associated with or causing disability by medical intervention either in the short or long term.

Upon the sufficient application of medical procedures to the immediate or apparent cause of disability, the community’s response to the disabled person was a social, or welfare response, often involving institutional or other care, as a benevolent response which resulted in separation of a disabled person from the general life of the community.

While the medical response is essential, and the social or welfare response desirable to a certain extent, to another extent these responses are in fact so limited that they have resulted in exclusion and segregation, the typical responses to disability issues. The traditional community response has been based on a balance of convenience which often does not take into consideration the rights of the disabled person to full participation in the society to the extent of his ability.

  1. DISABILITY AS A HUMAN RIGHTS ISSUE

Today, due to the efforts particularly of the United Nations and of core groups all over the world and the initiative of some countries, disability is no longer seen as a purely medical issue, neither is the focus on the social or welfare aspect of disability requiring a benevolent response. Disability issues are now classified as human rights issues with reform in disability laws focusing on providing equal opportunities for persons with disabilities so that they can reasonably address the disadvantages of exclusion, institutionalization and segregation which are the traditional and typical forms of discrimination practiced against person with disabilities.

The United States has been a front runner in the world in encouraging this shift in focus and the Americans with Disabilities Act that was signed into law on July 26, 1990 is a key example of civil rights legislation for disabled persons. This Act has been very effective in replacing the focus on disability issues from welfare law to civil rights law.

Disability law, viewed from the perspective of the civil rights movement, has led naturally and gradually to the recognition of the human rights of disabled people, a matter that is being increasingly embraced by governments the world over.

It is therefore timely and appropriate for the State of Antigua & Barbuda in addressing Constitutional Reform to embrace disability issues as human rights issues, the appropriate starting point being our Constitution, the supreme law of our land.

  1. THE CONSTITUTION

There are several areas of the Constitution which the Association feels could be reconsidered in addressing the issues of exclusion, segregation, and discrimination faced by persons with disabilities.

  1. PRESENTATION OF THE CONSTITUTION

The first area of consideration is the physical form of the Constitution itself. The present Constitution Order is produced in two forms, the original Order or Statutory Instrument made by Her Britannic Majesty’s Government (and we are informed printed and published by the United Kingdom). The second form is as a reprint in the Revised Laws of Antigua (1992 ed.) Volume I, Cap. 23.

Perhaps with true British functionality in mind, the sections of the Constitution are produced in finely written type, closely spaced and separated into sections and subsections which follow each other relentlessly. As presented as a Statutory Instrument the Constitution conjures up the stereotype image of the stooped, aged and decrepit solicitor labouring long hours in an airless and cramped room surrounded by numerous forms, peering through a magnifying glass trying to wrest meaning from the numerous closely printed lines of this document.

The Association believes that for the wider community, the Constitution in its present form is a daunting and intimidating document perhaps presented in this form to convey to the very persons it is designed to protect the seriousness and lack of frivolity of its contents.

The Association believes that the Constitution as our supreme law should and can be awe inspiring, but that such awe must be inspired by the high quality of its content, and by the State’s and community’s recognition of and respect for that content, and not by its form.

To this end the Association would like to see the Constitution presented in a different form so that it is physically less daunting and the more accessible to the very members of the community including persons with disabilities that it is intended to protect. We would like to suggest that a bigger type be considered and that some attempt be made to separate the section and subsections into smaller more readily digestible parts so that for the most part every man, woman & child in Antigua & Barbuda will be able to read and understand, if not the whole document, at least key parts including the human rights sections, that are of general interest and that daily affect their lives.and

  1. THE LANGUAGE

The language of the Constitution must also be considered in this process of reform.

As it stands the Constitution is written in language much suited to the deliberations of scholars and persons trained in the art of interpretation. To the layman and thus to the Association it cannot be described as other than an esoteric document capable of interpretation only by those few persons well trained or practiced in the art of wading through the interminable lines of fine print.

To the Association, the effect that the Constitution conveys is one of a protector that is distant and unreachable, and one with whom the general population can never be truly familiar. While we are mindful of the adage "familiarity breeds contempt," the Association feels that this protector, our Constitution needs to be made familiar to those it seeks to protect, so that knowledge of and familiarity with its contents will create in every man woman and child a true appreciation of their own rights and a genuine respect for the rights of others.

We therefore believe that an attempt should be made to draft the Constitution in plain and simple English. We also believe, that in keeping with the trend in our computer driven world with its focus on information technology, that our Constitution should be presented in a user friendly form which makes its contents readily accessible to all persons.

  1. PREAMBLE OF THE CONSTITUTION

As mentioned earlier the Association believes that its aims and objectives are not inconsistent with the principles upon which the Constitution is founded.

The Preamble to the Constitution states inter alia:

"WHEREAS the people of Antigua and Barbuda–

  1. proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person........,

  2. respect the principles of social justice and therefore believe that the operation of their economic life should result in the material resources of their community being so distributed as to serve the common good........,

  3. assert their conviction that their happiness and prosperity can be address you in a democratic society in which all persons may to the extent of their capacity play some part in the national life;......."

The Association considers that Clause (a) of the Preamble reflects the Association’s firm conviction that every person in Antigua and Barbuda has dignity and worth, and that the incidents of life which result in disabilities do not and cannot diminish the worth and dignity of the disabled person. The Association further considers that this clause of the Constitution could be amended to make clear to the community that the disabled are included in this section.

With respect to Clause (b) of the Preamble, it is stated that the material resources of the community should be so distributed as to serve the common good. This Clause expressly states our nation’s recognition that all resources should be used in such a way that all persons benefit. The reality of life however is that the common good often does not take into sufficient account the position of the disabled, so that for example the physical environment of our nation state generally neither caters to nor accommodates the disabled.

Our airport has limited parking facilities for the disabled, but there are no suitable lifts to the upper areas or special queues to allow for the easy processing of persons with disabilities. The same applies in the main to the Antigua Recreation Grounds and to most other government buildings. The city of St. John’s is an access nightmare for the disabled with high uneven pavements, no ramps & no preferential parking. In fact, except for Woods Centre and the Airport, there are no preferential parking areas in Antigua & Barbuda. The resources which are used to build, develop and maintain these buildings and areas are intended by the Constitution to be for the common good. The disabled are often ignored in assessing who forms part of the commonality. The Association therefore feels that this clause of the Preamble could be amended to emphasize that disabled persons form part of the commonality for whose good our resources should be applied.

Clause (c) of the Preamble asserts that the happiness and prosperity of the people of our country can be best pursued in a society in which all persons may to the extent of their capacity play some part in the national life. This clause addresses the issue of disabled persons being separated and segregated from the wider community rather than being given the opportunity to participate to the extent that they are able in the national life.

The Association feels that this clause can be amended as to make it explicit that disabled persons too must participate in the national life to the extent of their abilities.  The Association hesitates to dictate to the Commission the specific manner in which these clauses should be worked to expressly incorporate the above ideas, but would humbly suggest that the meaning would be conveyed in all of the three clauses by the inclusion of the words "every human person, whatever his status or condition of life" or some other appropriate words at some point in each clause, so that the clauses would read as follows:

"WHEREAS the people of Antigua and Barbuda–

(a) proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person, whatever his status or condition of life.......;

(b) respect the principles of social justice and therefore believe that the operations of their economic life should result in the material resources of the their community being so distributed as to serve the common good of all persons whatever their status or condition of life........;

(c) assert their conviction that their happiness and prosperity can be pursued in a democratic society in which all persons whatever their status or condition of life may to the extent of their capacity play some part in the national life; ...."

The Association is mindful that its humble suggestion will result in the repetition of the same or similar words in several clauses of the preamble but we believe repetition in this case for the purpose of emphasis, is a small price to pay for the result of bringing to the public consciousness the fact that our Constitution recognizes that the disabled are to be included in every aspect of our national life, and as a timely reminder to the general community that exclusion and segregation are not regarded by our supreme law as legitimate responses to disability.

  1. FUNDAMENTAL RIGHTS

Section 3 of the Constitution sets out the rights and freedom to which every person in Antigua & Barbuda is entitled and states that the entitlement to these rights are regardless of a list of factors that could be used to limit a person’s enjoyment of their rights. The list includes "race, place of origin, political opinions or affiliations, colour, creed or sex".

This list brings to the forefront of the public consciousness that there are instances in which attempts could be made to deny persons their rights because of one of the factors listed. There are numerous instances of disabled persons being denied their rights not through the deliberate or calculated action of others in the society but through exclusion, resulting from thoughtlessness, forgetfulness or mere inadvertence.

The Association considers that the problems which the disabled face in this regard would be much alleviated by the inclusion of "disability" in the list in the heading of section 3, of the Constitution, to reinforce to the wider community the State’s commitment that disability should not be a factor which is used to deny persons their entitlement to the rights and freedom listed in section 3.

The Association would humbly suggest consideration of the addition of the words ‘physical, sensory, intellectual or mental disability’ after the words ‘sex’ in section 3 to read:

"WHEREAS every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right regardless of race, place of origin, political opinion or affiliations, colour, creed, sex or physical, sensory, intellectual or psychological disability......."

  1. DISCRIMINATION

Section 14 of the Constitution provides for protection from discrimination and states in subsection (1) that no law shall make any provision that is discriminatory either of itself or in its effect.

Section 14 subsection (2) provides that no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.

Section 14 subsection (3) defines the expression ‘discriminatory’ to mean-

‘affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.’

Section 14 subsection (4) states that subsection (1) does not apply to any law in so far as it makes provision ..........

‘(c) whereby persons of any such description as mentioned in subsection (3)..... may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature or special circumstances pertaining to those persons or to persons of any other description, is reasonably justifiable in a democratic society.’

This section is incidentally the only section of the Constitution which contains the word disability, and it does not in the context used refer to disability as in "persons with disabilities". In addition, this section offers protection from discrimination on certain grounds. These grounds do not include physical, sensory, intellectual or mental disability, so conceivably a law could in fact be made which is discriminatory in itself or in its effect either in favour of or against persons with disabilities and this would not offend against the Constitution.

A law which is discriminatory in favour of persons with disabilities may be regarded as a positive thing. The Association also appreciates that a law which discriminates against (for example mentally disabled persons) may be reasonably justifiable in our society. The Constitution however does not address the issue of a law which may discriminate against other categories of disabled persons, who by virtue of section 14 have no Constitutional basis upon which to protest against such a law.

The Association feels that section 14 of the Constitution was designed to offer all persons equal treatment under the law, and that disability as a ground, may have been deliberately excluded because laws that are discriminatory in favour of persons with disabilities are often necessary, as may laws which discriminate against mentally disabled persons. The Association believes however that the section as framed leaves other categories of persons with disabilities too vulnerable to potentially discriminatory laws against which they would have no Constitutional redress.

In view of the fact that the section seems designed to afford all persons equality before the law the Association would commend to the attention of the Commission the Canadian Charter of Rights and Freedoms which is part of the Canadian Constitution and which in section 15 deals with this issue under the heading ‘Equality Rights’ as follows:

"1. Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

2. Subsection 1 does not preclude any law program or activity that has as its object the improvement of condition of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."

The Association is aware that the Canadian Charter of Rights lists different categories under its equality section but nevertheless strongly commends the treatment of equality rights in the Charter, as the Association feels that the section directly addresses the core objectives of human rights legislation which is to secure equality of opportunity for discrete minorities (such as persons with disabilities) through their protection from discriminatory treatment and practices.

  1. PERSONAL LIBERTY

Section 5 of the Constitution offers protection of the right of personal liberty and provides that no person shall be deprived of his personal liberty save as may be authorised by law.

Section 5 subsection (2) of the Constitution provides as follows:

‘Any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the reason for his arrest or detention.’

The Association is of the view that this section does not address the needs of the hearing impaired person who may also be unable to read and feels that there ought to be a requirement that the information to be provided by this section should be provided where applicable by means of sign language or with the assistance of an interpreter.

  1. PROTECTION OF THE LAW

Section 15 of the Constitution sets out the provisions to secure for the individual protection of the law. This section is often referred to as the due process section.

Section 15 subsections 2(b) and 2(f) provide as follows:

"(2) Every person charged with a criminal offence-

...................................

(b) shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the nature of the offence with which he is charged;

....................................

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge."

The Association feels that section 15(2)(b), like section 5(2) of the Constitution does not address the case of the hearing impaired. The section mentions language that is either oral or written and does not contemplate sign language which is neither written nor spoken but which is the main or often the only form of communication for many hearing impaired persons.

The Association would therefore humbly suggest that the necessary amendment be made to this section.

The Association also humbly suggests that although section 15(2)(f) addresses the needs of an accused who is unable to understand the language of the trial, it does not address the issue of the witness for the accused or other party to the trial who may not understand the language.

The Association would therefore also humbly request that consideration be given to including in the section a provision that makes it mandatory for the assistance of an interpreter to be provided in cases where a witness for an accused person is hearing impaired or cannot otherwise understand the language of the trial.

  1. CONCLUSION

In closing, the Association would like to thank the Commission for giving its time and attention to the issues which we have raised. We believe that our Constitution being our supreme law, all other laws must be consistent with its provisions. If our Constitution establishes a standard for addressing disability issues, we believe that not only will other laws follow, but that policies and practices which conform to the standards set by the Constitution will be adopted.

We believe that persons with disabilities will fully enjoy the rights and freedoms guaranteed to the individual under the Constitution when the Constitution makes it clear by the standard it establishes, that the enjoyment of those rights includes a duty on the society at large and upon those who legislate to recognise and accept that principle upon which we as an Association will continue to insist continue to insist : that all persons, regardless of ability or other differences are entitled to the full rights and privileges of citizenship, even though they may require different treatment and conditions, including modification of school, work place or the environment in order to exercise those rights.

We also believe that when disability issues are viewed from a human rights perspective, public and private institutions will not only welcome the opportunity to react positively to the needs of disabled persons, but will also accept the positive obligation of ensuring that conditions are put in place for the exercise of the rights claimed by the disabled.

*********************************

Draft National Policy on Disability for Antigua and Barbuda

A. Introduction

This paper is a proposed draft of a policy on disability for Antigua and Barbuda.

It is prepared with a view to bringing into effect several changes in the situation which exists at present in Antigua and Barbuda in which issues concerning persons with disabilities are not addressed in its most optimum form, and to assist government agencies, NGOs, and other agencies for and of disabled persons to identify and enhance their function and responsibilities to improve the position of persons with disabilities in the society.

B. Purpose

The purpose of the policy is:

  1. To advocate and achieve a coordinated approach among relevant agencies to meet the several needs of persons with disabilities. This includes assisting persons with disabilities to recognize and to promote their own rights so as to be able fully participate in the benefits afforded to citizens of Antigua and Barbuda and where possible to carry out their corresponding obligations of citizenship.

  2. To utilize the limited resources available to persons with disabilities in an optimum manner so that they can derive maximum benefits from these resources.

  3. To provide a framework to assist Government and other agencies to strengthen their ability and capacity to address issues relating to person with disabilities.

  4. To provide a framework for government agencies to develop and implement in cooperation with each other, policies designed to provide persons with disabilities with equal opportunity as others to participate in all aspects of life in Antigua and Barbuda.

C. Policy Objectives

The following are the specific objectives of the policy:

  1. The creation of a legislative base to improve the lifestyle of persons with disabilities and to eliminate discriminatory practices.

  2. To create an environment that encourages the integration and full participation in society of all persons with disabilities.

  3. To create an atmosphere that encourages persons with disabilities to be self reliant and to become fully involved in the socioeconomic development of Antigua and Barbuda.

  4. To eliminate marginalization of and discrimination against persons with disabilities.

  5. To provide persons with disabilities with opportunities for a better quality of life.

  6. To encourage and support continuous research projects in all areas related to persons with disabilities.

D. Framework and Concepts

This draft policy is based on the rights of persons with disabilities, which rights have been recognized by the United Nations, and which have been codified by the Standard Rules on the Equalization of Opportunities for Persons with Disabilities adopted by the United Nations General Assembly in December 1993. The Rules emphasize the right of persons with disabilities to the same opportunities as other citizens and to an equal share in the improvements in living conditions resulting from economic or social development. The Standard Rules imply a strong moral and political commitment on the part of States to take action for the equalization of opportunities for persons with disabilities and are an instrument for policy making and action to persons with disabilities, and their organizations.

Certain fundamental concepts appear in the Standard Rules and are used throughout this draft policy. These concepts are at the core of this policy.

(a) Prevention -- Referring to action aimed at preventing the occurrence of physical, intellectual, psychiatric or sensory impairment (primary prevention or at preventing impairments from causing a permanent functional limitation or disability (secondary function).

This prevention may include many different types of action such as, primary health care, prenatal and postnatal care, education in nutrition, immunization campaigns against communicable diseases, measures to control endemic diseases, safety regulations programs for the prevention of accidents in different environments, including adaptation of workplaces to prevent occupational disability resulting from pollution of the environment or armed conflict.

(b) Rehabilitation -- The process of enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric and/or social functional levels, thus providing them with the tools to change their lives toward a higher level of independence.

(c) Equalization of Opportunities -- The process through which the various systems of society and the environment, such as service activities, information and documentation are made available to all, particularly to persons with disabilities. This concept of equalization of opportunities described is the main focus of this draft policy herein and is consistent with the Standard Rules.

The principle of equal right implies that the needs of each and every individual are of equal importance, that these needs must be made the basis for planning of society and that all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation.

As people with disabilities achieve equal rights they should also have equal obligations. The process of equal opportunity should also make provision to assist persons with disabilities to ensure their full responsibility as members of society.

E. Areas of Focus

The draft policy focuses on several areas which are crucial to the successful achievement of the policy objectives described above. These areas though not exhaustive are identified to indicate the commitment of Government to explore different strategies and devices by which private and public sector agencies can collaborate to enable persons with disabilities in Antigua and Barbuda to achieve the goal of equalization of opportunities.

F. Legislation

In keeping with the specific objective of creating a legislative base to improve the life style of persons with disabilities and to eliminate discriminatory practices, an in-depth review of existing legislation should be undertaken.

Legislation which impacts on areas which directly concern persons with disabilities must be amended where necessary to eliminate discrimination and prejudice and to provide equalization of opportunities for persons with disabilities.

Legislation relating to housing and building codes particularly needs to be addressed as well as legislation relating to vehicles and road traffic, transportation, privacy of voting, employment and health care.

Specific instances include:

(a) The Constitution of Antigua and Barbuda provides in section 14, protection from discrimination on several grounds. The Constitution defines "discriminatory" to mean affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to person of another such description.

The Constitution does not include in the definition of " discriminatory" protection from discrimination on the ground of disability. An amendment to the Constitution as the Supreme Law of Antigua and Barbuda to include protection of persons with disabilities would be an essential start to addressing the legislative changes that are necessary to ensure that persons with disabilities are afforded equal privileges as other persons in the society.

(b) Housing and Building Codes: This is an area which needs to be urgently addressed. The Land Development Control Act and the Town and Country Planning Act both make provision for obtaining planning permission to build on land but neither Act establishes a building code. There is therefore no legislation in Antigua and Barbuda relating to public buildings or public housing projects or schemes, which includes provision for or addresses the needs of persons with disabilities.

(c) Employment: The Antigua Labour Code governs the question of employment practices in Antigua and Barbuda. The Code however does not specifically address the issue of the adaptation of the working environment to accommodate the needs of persons with disabilities, and because of this person with disabilities are not afforded optimal opportunities to participate in the work place.

(d) Education: The Education Act specifically provides for compulsory education for all children. The State has a responsibility to provide all children between the ages of 5 and 16 with an education. This Act provides the basic framework for education and further states that Government should where possible make special arrangements for the educational needs of children with special needs. While the legislative framework is in place in this area, there are very limited facilities actually available for children with special needs. The Act should therefore be amended to make it obligatory for facilities to be provided for this purpose. The Education Act also does not provide that where possible children with special physical needs who are not otherwise disabled must be integrated into the normal education system and that the necessary aids and support systems must be put in place to accommodate such children.

G. Public Awareness

Persons with disabilities would be better positioned to fully participate in all aspects of the society if all persons in the society were sensitized to their needs and capabilities. Sensitization will have the result of encouraging positive attitudes and acceptance by the society at large, as well as result in greater efforts at including persons with disabilities in all levels of the society.

Public awareness measures should therefore be undertaken on a regular on going basis for this purpose.

These measures include:

(a) Public awareness programmes on radio and television for the listening and viewing public aimed at sensitizing the public about disability issues. In particular those programmes should involve the active participation of persons with disabilities where possible.

(b) Provision and distribution of information to members of the public and to persons with disabilities on several topics including:

– causes of disabilities and preventable measures;

– disability categories and terms;

– organizations both public and private sector involved in disability activities;

– services available and methods of coping with disabilities;

– early identification of disabilities;

– nutritional needs.

(c) Incentives to private sector organizations to include disability issues in their activities where possible.

(d) Establishment where possible of a central information centre to be easily accessible by persons with disabilities, their families and professionals in the filed, and the general public, for the distribution of information on disabilities.

The Government Information Services will be specifically requested and mandated to participate in public awareness measures at all levels to ensure the widest possible dissemination of the relevant information.

H. Access to physical environment

The inability and difficulty of persons with disabilities to access the physical environment is a key factor in preventing full participation in the society. Every effort must therefore be made to ensure easy access to the physical environment. Positive change in this area requires the collaboration and involvement of several agencies including:

– the Government Information Service;

– the Media;

– non governmental organizations and service organizations ;

– national organizations or associations of persons with disabilities;

– the Legal Department of the Ministry of Legal Affairs.

Working together to enhance access to the physical environment for persons with disabilities these organizations would achieve the following:

(1) The establishment of a committee with the specific mandate to formulate an agreed code or regulations for planning and building construction, which enables persons with disabilities to access and use all public buildings;

(2) The drafting of legislation and provision of measures designed to allow persons with disabilities easy access to the physical environment;

(3) The ultimate modification of all existing public buildings including schools, health care facilities (both hospitals and clinics), and police stations, to allow access to persons with disabilities;

(4) Establishing specific time frames for upgrading existing facilities to allow access, and particularly to achieve in the short term such goals as provision of ramps and hand rails, and conversion of toilet facilities;

(5) The establishment of a public transportation system to adequately address the needs of persons with disabilities;

(6) The adoption of a policy relating to public transportation to be used in the school system that requires all such vehicles to be equipped to accommodate children with disabilities;

(7) Provision of incentives to owners of private vehicles who offer transportation service to the public to provide or allocate specific seats in their vehicles for persons with disabilities;

(8) Construction and adaptation of streets, pavements and pedestrian crossings to accommodate the needs of persons with disabilities.

(9) The mandatory allocation of parking areas in both public and private facilities for persons with disabilities;

(10) Design and placement of public telephone booth in such strategic places as would facilitate persons with disabilities;

(11) Prominent display of the "access symbol" where appropriate, to indicate that provision is made for persons with disabilities and the provision of sanctions against persons who ignore or violate the symbol to the disadvantage of persons of disabilities.

I. Education and Training

Education is the basis upon which children develop into adults who make a meaningful contribution to the society. By means of education and training the society can realize the full potential of its citizens, and its citizens can enjoy the full benefits of the society. It is therefore important that all persons in the society, including persons with disabilities, have equal opportunity to education and training to facilitate their maximum potential. In Antigua children and young people with special needs already are given by the legislation (the Education Act) the right to compulsory education, in order to facilitate development to their maximum potential.

It is however necessary that this right which is already in the legislation is implemented to the fullest extent so as to make the right in the legislation becomes a reality not only for children and young persons but for all persons with disabilities.

The success of this goal requires the collaboration of several agencies including:

– the Ministry of Education and all Government institutions involved in education;

– non governmental organizations involved in education of persons with disabilities;

– all agencies involved in the conduct of employment or skills training programmes;

– institutes offering further or tertiary education.

The collaboration of the agencies mentioned above is necessary to achieve the measures listed below:

1. Creation of opportunities for all children with special needs to be educated.

2. Education of children with special needs in the least restricted environment possible with provision of adequate support services to allow for this.

3. Inclusion as far as possible of children with disabilities in the regular school setting with provision for adequate and appropriate support services, from pre-school to tertiary levels.

4. Construction of ramps, rails and other suitable structures in all schools so as to make them accessible to children with disabilities.

5. Provision of appropriate teaching aids to enhance the capabilities of teachers of children with disabilities.

6. Establishment of adequate mechanisms in schools for early identification of disabilities in children so that remedial or follow up activities could be commenced early.

7. Provision of appropriate training to persons who work with children with special needs to allow effective interaction.

8. Development of special programmes or modules in the pre-school, primary and secondary school levels to install in young children respect for, and acceptance and tolerance of the differences among persons.

9. The development of special facilities for children who cannot be integrated in regular schools.

10. Training and certification of persons in special education to be employed in administrative capacities to co-ordinate and manage institutions with children with special needs.

11. Establishment of vocational programmes suitable to the needs of persons with disabilities.

12. Involvement of parents, parent groups, and organizations of and catering for persons with disabilities in the education process at all levels.

13. On going training and refresher courses for medical personnel, social workers, teachers and day care providers working with persons with special needs.

14. The establishment or where already established, the modification of adult education programmes to ensure the participation of persons with disabilities at the appropriate levels, and where programmes do not exit or are not appropriate, the organization of regular special courses.

15. The creation of vocational skills and training opportunities for both young persons and adults with disabilities.

J. Employment

Equal opportunity for employment is often denied to persons with disabilities despite the fact that they may be adequately trained and qualified for available positions. Qualified persons with disabilities should be subject to the same terms and conditions of employment as other persons, including access to retention of and advancement in available positions. Compensation, privileges, perks, benefits, incentives and allowances such as are available to other persons should be equally available to persons with disabilities.

In order to facilitate the productive and gainful employment of persons with disabilities and to eliminate discrimination in the work field the co-operation of various sectors of the society is necessary. These sectors include:

– the public sector;

– the private sector;

– trade unions and other organizations and persons representing employees;

– non governmental organizations.

Several measures may be used to achieve the objective of equal employment opportunities including:

(1) Ratification by Antigua and Barbuda of the International Labour Convention No. 159 which emphasizes the need for active community involvement in the provision of social rehabilitation services and employment opportunities for persons with disabilities;

(2) Establishment of a public sector employment policy which promotes the integration of persons with disabilities into open employment and which will create a favorable working environment with appropriate support mechanisms such as personal assistance and interpreter services;

(3) Introduction of a quota system to reserve employment for suitably qualified persons with disabilities, such system to be phased out after the public is sensitized by public awareness programmes about the capabilities and contribution of persons with disabilities, and designed to eliminate negative attitudes and prejudice against workers with disabilities;

(4) The targeting of sheltered employment such as production workshops and self employed schemes for persons who are unable to compete effectively in the open market;

(5) The reconsideration by banking and financial institutions of policies and loan schemes which do not adequately address the special needs of persons with disabilities to have unimpeded access to credit facilities;

(6) The establishment of a resource or skills bank for the collections of data on the skills and abilities of persons with disabilities to be compiled into a "Register of Persons with Disabilities";

(7) The encouragement of employers to retain wherever possible into their work force persons who become disabled while on the job, and to retrain if necessary such person for alternative positions in the same working environment;

(8) Encouragement of the active participation by the private sector in the promotion of the welfare of persons with disabilities, by provisions of sustained educational opportunities to private entities which employ persons with disabilities.

K. Housing

Inadequate housing and inappropriate facilities is a very real barrier to those persons with disabilities who may wish to acquire their own houses or to live independently. The disadvantages created by the existing situation can be addressed by input from several government ministries and organizations who are involved in building or planning including among others:

– the Ministry of Planning;

– the Central Housing and Planning Authority;

– the Development Control Authority;

– the private sector

Collaboration between these agencies would result in achievement of the following measures:

1. Allocation in new housing developments of a quota of houses specifically adapted for persons with disabilities.

2. A nation wide assessment of housing needs of persons with disabilities and their ability to own or otherwise acquire housing or land.

3. The establishment of hostels or other facilities to house persons with disabilities whose families many be unable due to financial, health or other constraints to adequately meet the costs and caring needs of the family member with a disability.

L. Income Maintenance and Social Security

The State has a responsibility to ensure that persons with disabilities are provided with social security protection and income maintenance schemes. In order to achieve the objective of offering realistic protection for persons with disabilities in this area the following measures are suggested.

1. The mandatory development and implementation by both private and public sector organizations of disability benefit programmes for employees who become disabled.

2. A review of existing social security legislation to assess the adequacy of provisions for this purpose and where necessary to amend the legislation or restructure any programmes to ensure that the needs of persons with disabilities are met.

3. The establishment of programmes that provide incentives for persons with disabilities to seek employment with a view to enhancing their income earning capacity and to achieving a greater measure of independence. Programmes of this nature could contain components directed to the development and financing of vocational training, and placement services.

M. Family Life

The life of a disabled person is significantly affected by the family of that person as the family is critical to the adjustment of and to the independence of persons with disabilities in the society. The full participation of persons with disabilities in the family environment is therefore a desired goal which could be achieved and spearheaded through the efforts of the Government Ministry with responsibility for Social Development and Family Life. Through these the following can be facilitated.

1. The provision of family care services, financial and other assistance, inclusive of counselling and information services and respite case, intended to enhance the capability of families to respond to the needs of their disabled members.

2. Recognition and respect of the rights of persons with disabilities to start families and experience parenthood.

3. The provision of assistance to family planning organizations so as to facilitate the accessibility of family planning information, advice and services to persons with disabilities.

4. The encouragement of the establishment of support groups for families of persons with disabilities.

N. Recreation Culture and Sports

Persons with disabilities are often deprived of the right to equal opportunity for recreation and participation in sports, hotels, beaches, and sports arenas. Support from the relevant Government Ministries will be necessary to achieve the following objectives.

1. The encouragement of persons with disabilities to utilize their artistic an intellectual potential for their own benefit and the enhancement of their communities.

2. The adaptation of all public entertainment areas to facilitate accessibility to persons with disabilities.

3. The adaptation of private entertainment organization of their facilities to accommodate persons with disabilities.

4. The expansion of adequate opportunities, facilities and equipment for sporting activities.

5. The provision of appropriate sport equipment in schools where feasible to accommodate children with disabilities.

6. The organization by travel agencies, hotels and tourist authorities for recreational activities and travel opportunities for persons with disabilities.

O. Access to Information and Communication

Information is essential to the growth and development of an individual and as such every effort will be made to ensure that information is accessible to persons with disabilities to enhance their opportunity for personal growth and fulfillment. The Department of Social Welfare will de designated to function as a National Information Centre to facilitate the collection and dissemination of data on disabilities and related issues. Collaboration is encouraged between several agencies for the purposes mentioned.

1. Libraries and public offices - to present information in a manner which is accessible to persons with disabilities using effective tools and aids like Braille, large print or tapes for the visually impaired, and similar appropriate technologies to provide spoken information for persons with auditory or comprehension impairments.

2. Telecommunication services - to install special telephone devices and units for the hearing and visually impaired and to ensure commercial availability of these devices.

The Media -

*To present information in a manner accessible to persons with disabilities - news broadcasts and public service announcements to be done with the use of sign language and the use of captions in movies and documentaries;

*To present material depicting persons with disabilities in situations which highlight their potential.

P. Technical aids and equipment

Technical aids are vital tools for persons with disabilities as it assists in enhancing the level of independence with which persons with disabilities can live their daily lives. These aids also assist such persons in exercising their rights.

The following measures will be encouraged to assist persons with disabilities to access assistive devices.

1. The use of local resources to produce simple inexpensive devices.

2. Removal or reduction of taxes on the importation of personal aids prosthetic devices and training material and equipment, and the establishment of monitoring methods to prevent abuse of the concessions.

3. The provision of soft loans or related measures to enable persons with disabilities and/or their families and rehabilitation Centres to acquire assistive devices.

4. Liaising with relevant foreign agencies for assistance in obtaining equipment and assistive devices in cases where such devices are unavailable or expensive on the local market.

Q. Research

The need to undertake studies related to issues which affect the lives of persons with disabilities and their families is pressing. Research efforts will be undertaken and encouraged in these areas with a view to establishing a comprehensive data bank providing data in the areas listed below, and the relevant government departments will be mandated to assist in these efforts.

1. Causes, types and incidents of impairment

2. Economic and social conditions of persons with disabilities and their families

3. Development of assistive devices for persons with disabilities

4. Assessment of the needs skills and potential for training of persons with disabilities

5. Available services and programmes

6. Open labour market participation rate of persons with disabilities

A national survey on persons with disabilities will be conducted to determine the exact numbers affected and also to obtain information on the different types of disabilities. The data obtained from this survey will be used to assist Government in formulating policies in the future. Additional data will be collected periodically on an ongoing basis through the Department of Statistics which has responsibility for conducting the national population and housing census.

R. Review and Evaluation

Government undertakes to ensure that the appropriate machinery will be put in place to enable continuous review and evaluation of programmes pertaining to persons with disabilities to ensure that they are relevant and beneficial to such persons. This review and evaluation will be done with a view to effectively meeting the policy objectives.

Home | About Us | Directors | Constitution | Objectives | Services | Activities | Help | Membership | Members | Links | White Paper on Disability