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An Exploratory Study: Human Rights, Persons with Disabilities and the Criminal Justice System in Trinidad and Tobago

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This study explores the topics of human rights violations, persons with disabilities (pwds) and the criminal justice system of Trinidad and Tobago. The goal of this research is to discover whether human rights violations exist against pwds in the justice system and if so, how and why they may be violated. The various means by which these rights can be protected and enhanced is also critical to this research. This study encompasses three components of the justice system: the police, courts and prison systems as well as inculcated legislation as a key constituent. I adopted a qualitative methodology, with semi-structured interviews representing the main data collection medium accompanied by secondary sources. I found evidence that the human rights of pwds are possibly violated within the police, courts and legislative aspect of the system, with less clarity shed on the reality within the nation’s correctional facilities. I identified numerous multifaceted and interlocked themes which assisted in explaining how and why the rights of pwds may be violated in the justice system.Based upon these findings, I provide multiple suggestions for ways in which the rights of pwds can be enforced and protected within the individualized sectors as well as overall justice system. In terms of accessing and maneuvering within the criminal justice system of Trinidad and Tobago, pwds are increasingly marginalised and susceptible to conscious as well as unintentional human rights violations in a number of ways due to a multitude of reasons.

Abstract

This study explores the topics of human rights violations, persons with disabilities (pwds) and the criminal justice system of Trinidad and Tobago. The goal of this research is to discover whether human rights violations exist against pwds in the justice system and if so, how and why they may be violated. The various means by which these rights can be protected and enhanced is also critical to this research. This study encompasses three components of the justice system: the police, courts and prison systems as well as inculcated legislation as a key constituent. I adopted a qualitative methodology, with semi-structured interviews representing the main data collection medium accompanied by secondary sources. I found evidence that the human rights of pwds are possibly violated within the police, courts and legislative aspect of the system, with less clarity shed on the reality within the nation’s correctional facilities. I identified numerous multifaceted and interlocked themes which assisted in explaining how and why the rights of pwds may be violated in the justice system.Based upon these findings, I provide multiple suggestions for ways in which the rights of pwds can be enforced and protected within the individualized sectors as well as overall justice system. In terms of accessing and maneuvering within the criminal justice system of Trinidad and Tobago, pwds are increasingly marginalised and susceptible to conscious as well as unintentional human rights violations in a number of ways due to a multitude of reasons.

참고문헌 (23)

  1. Cant, Richard, "What Professionals Think about Offenders with Learning Disabilities in the Criminal Justice System", British Journal of Learning Disabilities, 35(3), pp.174~180 (2007)
  2. Céline, Mercier, "The First Critical Steps through the Criminal Justice System for Persons with Intellectual Disabilities", British Journal of Learning Disabilities, 39(2), pp.130~138 (2010)
  3. Chown, Nicholas, "Do You Have Any Difficulties that I May Not Be Aware of? A Study of Autism Awareness and Understanding in the UK Police Service", International Journal of Police Science and Management, 12(2), pp.256~273 (2010)
  4. "Human Rights and Disabled Persons" (2003)[URL]
  5. Dzur, A.W., "Democracy’s ‘Free School’: Tocqueville and Lieber on the Value of the Jury", Political Theory, 38(5), pp.603~630 (2010)
  6. Forst, M.L., "To What Extent Should the Criminal Justice System Be a ‘System’?", Crime and Delinquency, 23(4), pp.403~416 (1977)
  7. "HCA 393 OF 2005" (2005)[URL]
  8. "Immigration Act of 1969, Chapter 18:01" (1995)[URL]
  9. Jones, Roger, "Why Do Qualitative Research?", British Medical Journal, 311(6996), pp.2~ (1995)
  10. "Purposive Sampling: An Overview" (2012)[URL]
  11. "Constitution of the Republic of Trinidad and Tobago Act" (1976)[URL]
  12. "Jury Act" (1922)[URL]
  13. "Equal Opportunity Act" (2000)[URL]
  14. Moser, Ingunn, "Sociotechnical Practices and Difference: On the Interferences between Disability, Gender and Class", Science, Technology and Human Values, 31(5), pp.537~564 (2006)
  15. "Human Rights and Disability" (2002)[URL]
  16. Rosenblum, Karen, "The Meaning of Difference", pp.2~43 (2002), Mcgraw Hill Ryerson
  17. Salome, Nyambura, "Gender and Disability: Voices of Female Students with Disabilities on Genderbased Violence in Higher Education, Kenya", International Journal of Education and Research, 1(4), pp.1~12 (2013)
  18. "CEDAW General Recommendation No. 24: Article 12 of the Convention" (1999)[URL]
  19. "History of United Nations and Persons with Disabilities – A Human Rights Approach: the 1970s" (2016)[URL]
  20. Report of the Special Rapporteur on Disability of the Commission for Social Development on Monitoring of the Implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, "United Nations Economic and Social Council", 1~14, pp.E (2012), CN.5[DOI]
  21. "Frequently Asked Questions regarding the Convention on the Rights of Persons with Disabilities" (2007)[URL]
  22. "2010 Country Reports on Human Rights Practices: Trinidad and Tobago" (2010)[URL]
  23. "World Report on Disability" (2011)[URL]

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