No sign of disability laws
(CNS): Laws to protect those who are disabled from discrimination and enhance their access to public life have not yet appeared on the legislative table, which the Constitution Commission has said is of concern. The commissioners have said the lack of legislation protecting the disabled is one of a number of areas likely to leave government vulnerable to legal challenges once the Bill of Rights comes in to effect in November. The commission has pointed out that, even if there are hold-ups in writing new laws, the government could still be adopting policies that would ensure equal treatment for people with disabilities.
Although a comprehensive report recommending the various changes to existing legislation and the introduction of new legislation to address the issue of people with disabilities was given to government in February 2009, there is no sign of any proposed legislation. The last time government spoke publicly about the disability laws was over one year ago in September 2009. At that time the minister with responsibility, Rolston Anglin, said he was “anxious to … take the report forward to the next stages, which will involve public review and debate,” as “persons with disabilities in Cayman have long been pushed into the shadows.”
Speaking at a recent briefing to launch its first report, members of the Constitution Commission pointed out that a lot of work had been done in this area by the legal sub-committee for people with disabilities but no policies had yet been implemented and there has been no further news on any legislative or policy developments.
“It would be good to see legislation enacted as soon as possible, but we don’t need to wait for laws to start following non-discrimination policies,” noted Wil Pineau, one of the commissioners. “We need to start putting these things into practice. There is no need to wait for the Bill of Rights to be in place before starting to follow non-discriminatory policies.”
At present Cayman has very little legislative protection for people with disabilities. What there is exists in parts of various different laws, such as the Mental Health Law, but there is no comprehensive way to ensure access to services for, or prevent discrimination of, the disabled.
Moreover, the enactment of the Bill of Rights will not necessarily improve that situation very much for the disabled as the protection under the Constitution is quite limited. As a result of a compromise made in the writing of the Bill of Rights, the Human Rights Committee (which existed until the Constitution came into effect) warned that people with disabilities would be vulnerable even after the bill was enforced and the need for protective domestic legislation was all the more pressing.
Section 16 in the bill, which deals with non-discrimination, had originally been written so government would not be able to discriminate against anyone at any time. The right to equality was originally included as a “free-standing” right and applied in all areas of daily life, including healthcare, housing and employment. However, the compromised form means the right not to be discriminated against only applies to the areas of public life dealt with in the Constitution itself.
This means people with disabilities are not necessarily protected by the Bill of Rights when it comes to healthcare, housing, employment, access to public spaces, and the provision of social services, forcing the need for domestic legislation with teeth.
At the time of the constitutional deliberations the Human Rights Committee pointed out that the right of non-discrimination had been compromised in an effort to remove any protection for homosexuals and transsexuals. The HRC warned that the right of non-discrimination for vulnerable people, including mentally and physically handicapped persons, would also be undermined, especially as Cayman’s legal environment when it come to the disabled was so poor.
For example, even when the Bill of Rights is enforced a disabled person could not compel the government to put in wheelchair ramps or handrails to allow access to public buildings or facilities, including schools.
The HRC and advocates from local the non-governmental organisation Equality Cayman warned at the time that the disabled could be marginalised by the constitutional compromise as government could not necessarily be trusted to enact the necessary anti-discrimination legislation. They noted too that even if it did there was nothing to prevent another administration overturning that legislation.
Category: Headline News
Since the late 1990’s efforts to have the airport invest in a hi-lift vehicle for transferring wheelchair passengers have been ignored by successive head of departments. Apart from a lack of consideration, there is a lack of vision and lack of fundamental recognition of service provision.
My father-in-law can no longer visit us here because there are not enough handicap accessible places including disembarking at the airport. You would think that they could come up with a way to get someone off of an airplane with their dignity intact. The sidewalks here that are handicap acccessible are almost non-existent. He truly loved coming to Cayman to visit and see the sights, but there were limitations to what we could do with him. If all men are created equal then perhaps Cayman should treat them equally and require/provide handicap access.
Even where there is a disabled spot next to a store (Cafe del Sol is a good example), it appears that these spaces can be used also by fat women in trucks and men in black Hummers so they don’t have to walk an extra 15 yards to get their coffee.
Speak up – call them out – the rest of the public around you will applaud you. Or block them in and point out their rudeness.
XXXXX
Better yet – point out to them how you look forward to the day they need a handicap space only to find some punk-a$$ cocky P#!*& has taken it… Sadly, most idiot who use these spaces are so stupid that even simple commentry goes so far over their head it qualifies for an entry in the Space-X challenge.
But at least you can go away knowing that somewhere, about 15 minutes from the point you made the comment, a small flicker of intelligence will kick in and they will realise they were publicly humiliated, and everyone around them got it except them!!!
Block them in and point out their rudeness lol
I would love to see you do that to the right person you might get pointed fist first to the pavement.
I hate to sound so insensitive but id rather our Govt focus on the economy, this can wait!
I will remind you of that when you are in a wheelchair forced to cross a packed parking lot because of someone’s selfish insensitive lazy manners.
In fact, with luck, someone will assist you into said chair when you try and punch them for being that same ignorant idiot. Two broken legs usually is incapacitating enough to need a chair!!!
Obviously you have no respect for the sick and infirm…
I did that once to a older Caymanian gentleman and instead of apologizing he wanted to know who I was and who I worked for and threatened to get me kicked off the island. Good thing I was just visiting at the time. Never again will I fight Cayman Culture in a public place. Most embarrassing as he was very loud and would not stop yelling!
Reading this artical is very upsetting for me. I have a family member of mine that is 23 years old and requires a few special things in his life he has Down Syndrome and has had a heart transplant he is very self suffient but does require alot of support and love from family members.I can not beleive that something hasn’t been done on this Island to help people with a Disability. Maybe it takes someone in the higher up that has a problem to fall flat on there face to come to the conclusion that maybe this is a serious matter. Please respect people that have differant conditions and problems they didn’t put there hand up in the air and say pick me God I can handle it (no). There are many reasons for alot of things but, atleast look after your own don’t push them aside.
Hate to say I told ya so, but…..
This is pathetic and it was all so predictable. This country was lied to and led astray on fundamental decency toward our fellow human beings by people who pretend to be the experts on morality and decency. Everything the Human Rights Committee and Equality Cayman said has been shown to be absolutely accurate and true.
The public was suckered by slimy politicians and even slimier preachers. As a result, the people voted in a constitution that was both incomprehensible to most and a joke of a document in terms of basic human rights. Consider how incredibly stupid thousands of Caymanians were to vote for a constitution that could have but did not grant them strong and meaningful protections from abuse.
As critics said many months ago, you can’t trust stuff like this to be properly sorted out by legislation because our politicians are (a) incompetent and (b) they don’t care about human rights, the handicapped, gender equality, etc. That’s not an opinion. That is a fair conclusion based on their track record of the last 50 years.
And, just think, at the root of this crime is our preachers’ weird obsession with gays. They were so terrified that Cayman might have to treat gay people as equal human beings (oh, the horror!) that they successfully engineered and delivered a constitution that was inexcusably weak on human rights.
The general public still doesn’t realize how weak and limited the bill of rights in our constitution is (a testament to the document’s hopelessly confusing structure and wording)
And now you, your children and your grandchildren will pay the price by living in a less decent and less fair society.
Tragic.
Thank you, CNS, for getting this story straight. I hope people read your report all the way to the end so they didn’t miss these final paragraphs: This means people with disabilities are not necessarily protected by the Bill of Rights when it comes to healthcare, housing, employment, access to public spaces, and the provision of social services, forcing the need for domestic legislation with teeth.
At the time of the constitutional deliberations the Human Rights Committee pointed out that the right of non-discrimination had been compromised in an effort to remove any protection for homosexuals and transsexuals. The HRC warned that the right of non-discrimination for vulnerable people, including mentally and physically handicapped persons, would also be undermined, especially as Cayman’s legal environment when it come to the disabled was so poor.
For example, even when the Bill of Rights is enforced a disabled person could not compel the government to put in wheelchair ramps or handrails to allow access to public buildings or facilities, including schools.
The HRC and advocates from local the non-governmental organisation Equality Cayman warned at the time that the disabled could be marginalised by the constitutional compromise as government could not necessarily be trusted to enact the necessary anti-discrimination legislation. They noted too that even if it did there was nothing to prevent another administration overturning that legislation.
It is nice to see all of the new handicapped parking spots on Grand Cayman in recent years, however their placement is often illogical in practice. By this I mean, there are often no ramps, or sufficient space between parking stops for a standard wheelchair to pass. In one seven mile beach condo which shall remain nameless, the handicapped spot is located 30m away from the building across a cobbled surface, and the elevator access to the building (if you could get there over the cobbling), is down a 45 degree chute into the basement car park. Completely inviable. Indeed, many of seven mile beach’s hotels are supposedly access-friendly, but their doorways are too narrow for a normal wheelchair to pass. The occupant must open the lock, nudge door open, get out of chair, partially collapse chair, heave sideways across the threashold, reassemble chair, plop down and proceed. I challenge any able-bodied person to do this gracefully, let alone someone elderly or with handicap. Cayman’s building codeand enforcement should be elevated to an ADA (American Disability Act) or similar standard. It would be great for tourism and attracting wealthy retirees.
It appears that no one has assessed the cost of the new Constitution and what implementing it will mean to the future budgets. There are over 6 major commissions created by the Constitution and I understand that the past Governor had requested around 300 new civil servants to implement the structures. I also understand that while the UK had mandated many of the new structures within the Constitution they refuse to pay for any of its implementation.
I think it is time for an assessment of the cost of implementation to be known by the public and confirmation of how these will be financed. Interestingly I do not see the Chamber of Commerce nor the Churches volunteering to pay for this.
The USA spent trillions implementing ADA and even they cannot still afford to transfer to metric which most countries now use. These exercises take money, a lot of money. I do support the implementation of the disability laws but the cost must be known and planned for. We do not have the luxury that the developed countries have of simply printing more money or mining more minerals. In the future when we adopt the first world policies we should at the same time remember they do those with direct taxation. A cynic may think that these structures, that have been placed upon us by the UK, are ultimately part of a plan for us to go to Direct Taxation. Hmmm, surely they would not be that devious and forward thinking. I do not think so.
However, I acknowledge that the Constitution was passed by a minority of the Cayman voters but is in effect for us all. It is the agreement we have with the UK, FCO and ourselves on how we should be governed by the UK and it should be respected or modified. We have almost lost memory of the contingent liability exercise that the UK put us through (Vision 2008) but the core reason that it did not happen was the simple fact that the $14-20 billion dollar implementation cost was unfunded. And that was in the ‘good days’ pre-recession.
I ask everyone involved, including the new commissions and commissioners, that when you issue a report that one also identifies the cost of what is being proposed and the source of funds. We may have a little less ‘headlining’ and ‘politicking’ and a little more constructive action that way.
I will admit, Cayman and the rest of the Caribbean region has a long way to go when it comes to the empowerment and equality of disabled (and elderly) individuals.
The UK and Europe is ahead by leaps and bounds in this regard.
However, when it comes to actual and genuine concern for all mankind – particularly those that may look different from the majority or hail from another background – we have a much better reputation.
Without exaggeration or fear of correction I can confidently say that there are many EU countries where a dog in need of a stranger’s compassion has far greater prospects than a "foreign national" in a similar position.
They say we can judge the morals of a community by the way in which they treat their animals … I beg to differ. History has challenged and disproved that theory a million times over in this western world.
Just one of life’s little ironies I guess.
In any event – the issue of disabled persons really needs to be (further) addressed in Cayman.
My what a "Christian" society Cayman is eh.
My late father was a tireless advocate for the rights of mobility-challenged persons and with the vision of ex-MLA Heather Bodden who took his advocacy to the legislative level, succeeded in getting the basic recognition of assigned parking and accessible sidewalks that we have now. But it is far from enough. Sadly, the legislative fight ended when Ms. Bodden was not returned to the Assembly; my father never gave up until he passed. But civic advocacy is clearly not enough; until there is a cultural recognition combined with the legislative attention, it seems like we will remain at this half-assed stage.
But if enough people cared, the civic lobby would force any Government’s hand. Some years ago I did a telephone poll of every tourist resort from Morritts to Spanish Bay Reef, enquiring as to their accessible facilities: rooms, bathroom, sidewalks, etc. Sadly, I found two properties with wheel-chair-accessible facilities; these were condo complexes at which two private owners had configured their units as such.
This is appalling. Just because the Planning Law requires only the odd ramp or public accessible restroom here or there, no developer will choose to make the extra investment to outfit a few hotel rooms or condo units as wheel-chair accessible (obviously a major tourism sector that is being ignored). Same for elevators and other access to public buildings. It speaks to a simple lack of respect and consideration; and it obviously does not only apply to Caymanian developers.
Since such consideration will not seem to come voluntarily, the Planning Law should be expanded to make a certain amount of accessible facilities mandatory and regulations implemented to make enforcement legally possible. That’s where Government comes in.
Perhaps some informed person could say how many drivers, registered as disabled, there are here in Cayman.
What does it matter – one day when it is you, even if you are the only one, don’t you think you deserve the respect of, a, having a space to park, and b, not having a culture of fat, lazy, afraid of a little rain, ignoramous selfish morons taking the little benefit on offer for you?
Have you EVER spent time in a wheelchair??? I have (and fortunately only temporarily) – and if you were man or woman enough to imply by your question that perhaps there was not enough of a population to justify these preserved areas, you would spend a day in their shoes – no, a week – and then comment…
You do realise that disabled people can be passengers as well, right?
I doubt that even entered their itty bitty head (I won’t say brain, since that would imply they had one…)
another day…another embarressment for this incompetent sorry excuse for a government!
direct rule now! where are you governor taylor?
If you speak to ANYONE in the Turks and Caicos Islands you would not make such silly comments. Both parties, the police and more importantly the PEOPLE have come together to denounced what is happening there. Even the promised elections have been unilaterally postposed by the UK. The total lack of democracy.
Clearly this is not a Caymanian writing this or if so, one really uninformed person. Maybe it is Mr. Bridger, wonder what ever happened to him?? Anyway, Careful for what you wish, oh thoughtless one!
http://www.stabroeknews.com/2010/news/stories/10/04/caricom-raps-uk-again-over-turks-and-caicos-polls/
http://www.allvoices.com/contributed-news/6070824-police-boycott-queens-birthday-parade-in-turks-caicos-protest
http://www.allvoices.com/contributed-news/6029502-constitution-changes-forced-on-turks-caicos-people-by-british
I totally agree with the above posts.It has long been a major problem here in Cayman and probably indeed all over the world as well.Remember how long it took to get proper side walks with wheelchair access?There are still big problems with that downtown when the cruisers are in.Many of them have to ride in the street to get from A to B.Shameful.Remember these folks are human beings just like we are and have the same rights that we all have(or should) just a little less fortunate than others.If you want to make Cayman that first class destination get things done properly and stop pussy footing around wasting time.
Many of those downtown wheelchair ramps were built by the members of Rotary Club Central as a community service project, and not by Government at all.
If ever there was a resounding cry to privatize most aspects of governmental works, the fact that a totally community supported, non profit club can achieve the results we all seek would take the cake…
This true story illustrates how the "powers that be" in this country view disabled people.
When construction was started on the new Government building, the parking spaces behind the Glass House were reorganized. At first, there were two disabled parking spots placed immediately to theright (as you look into the Glass House) of the back door. This is what a reasonable person would expect.
A week later, the two disabled parking spots were moved to the right so that a reserved spot could be moved 15 feet closer to the doors. It seems that someone who thinks that he is a Very Important Person should not have to walk an extra 15 or 20 feet.
How disgustingly petty. How disrespectful of disabled persons. The poor government workers who re-painted the lines are too fearful of repercussions to mention this to the public.
As a side note, a government employee parks his over-sized pickup truck in one of the disabled spots. His disability? Obesity. If he were truly disabled he would not be able to climb into his pickup truck.
God help disabled people in Cayman.
Ego and self-centeredness will cause anyone not to even consider a disabled person – like "get out of my way!" Or, "I have no time right now to speak with you"
Sadly, not only is this attitude prevalent in the indigenous CARIBBEAN community as a whole (not just the Caymanians, so don’t go getting all self preserving and sanctimonious on this point) but the fact it happened in the government’s main building shows this attitude is handed down from our "leaders" – this is nothing new – the culture of today is just following the sorry examples pf "leadership" that they have been shown.
Good news, when XXX Mac-leader – whoever he is – goes abroad, he will not have to encounter such selfishness in the first and second world should he have reason to be confined or disabled – the real world treats our sick and elderly with respect, assists them and doesn’t trample them underfoot in the quest to get the golden parking spot…
FYI – even if they could park closer, the poor sad disabled person has no wheelchair ramp into the building, so that was the first of their many challenges…