THE EDITOR: In light of the pressing and evolving challenges of its time, and in adherence to the foundational principles upon which the Tribunal stands, it is imperative that the Equal Opportunity Act as our guiding legislation continues to be reviewed, refined, and readapted. One significant area that merits immediate attention is the definition of 'sex' within Section 3 of the Act.
Just recently the prominent national organisations PrideTT and Caiso joined together to robustly advocate for equal rights for their communities.
I strongly recommend that consideration be given to the amendment of the Equal Opportunity Act to encompass and enhance protection for the diverse community of individuals whose sexual orientation or gender identity falls outside of the heterosexual and cisgender classifications. Such an amendment not only acknowledges the complexities of personal identity in contemporary society but also reiterates commitment to inclusivity, diversity, and the elimination of all forms of discrimination.
Additionally, it is crucial that individuals from all walks of life have easy access to the Tribunal, regardless of their socio-economic status. Currently, litigants before the Tribunal do not have the option of accessing Legal Aid. Hence, I firmly support an amendment to the Legal Aid and Advice Aid to include proceedings before the Tribunal, to permit the availability of Legal Aid to these litigants. This step is necessary for maintaining a fair and equitable justice system, where every person, regardless of their financial means, can obtain competent legal advice and guidance.
In advancing these recommendations, we do more than just amend texts and allocate resources; we echo the spirit of its forebears, like Dr Eric Williams, who envisioned a nation rooted in democratic principles – A nation where justice is not a privilege but a fundamental right. It is a collective duty to ensure that this vision remains vibrant and flourishes in its contemporary context.
Editor's Note: The above is an excerpt from chairman of the Equal Opportunity Tribunal Donna Prowell-Raphael's remarks at the opening of the 2023/2024 law term, last September, published in response to Newsday's editorial, Grind hate to a halt, of June 28.
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