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TCI HUMAN RIGHTS COMMISSION ON GOVERNMENT COVID-19 POLICIES

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#TurksandCaicos – April 30, 2021 – The Turks and Caicos Islands Government recently announced the following policies with a view of mitigating against the effects of the Covid-19 pandemic:

  1. mandatory vaccination as a condition to obtain a work permit (both new and renewal).
  2. mandatory weekly testing of public facing public servants who decide not to be vaccinated.
  3. requiring vaccines to obtain benefit in certain circumstances (e.g., easier re-entry into TCI for vaccinated residents, etc.)

The Human Rights Commission is mandated to take appropriate steps to protect the rights of all residents of the Turks and Caicos Islands and in doing so must act in accordance with the Islands’ Constitution which enshrines various human rights as fundamental rights and freedoms to be enjoyed by all residents of the Islands. Whilst some human rights are absolute, others can be derogated when required by circumstances of public emergencies. The Constitution, like other human rights conventions, allows for the Government to derogate some of the non-absolute fundamental rights during periods of public emergency.  

The Commission has considered the policies of the Government and agree that it is empowered under both the Constitution and international conventions to derogate some of the non-absolute rights.  In so doing, the government is required to balance the protection of rights against public safety while ensuring that absolute rights are maintained. In the case of the Covid-19 policies, the right of one individual not to be vaccinated must be weighed against the right to life of the general population.  This balancing act is a key component of democratic societies. In seeking to balance, the Government must act reasonably, proportionately and in the best interest of the greater population.

The following is a consideration of relevant fundamental human rights:

The right to life (Section 2 of the TCI Constitution)

This is an absolute fundamental human right and cannot be derogated. Accordingly, the Government cannot deliberately take a person’s life. This includes a duty to take proactive, reasonable steps (not all possible steps) to protect a person’s life; and applies when Government knows (or ought to have known) that life is at serious and immediate risk. In a health setting, reasonableness is judged against broadly accepted medical opinion. It is the Commission’s view that the Government has taken reasonable, proportionate, and pro-active steps to protect the lives of its citizens and residents.  None of the Government’s actions places any life at serious and immediate risk.

The right to be free from inhuman or degrading treatment (Section 3 of the TCI Constitution)

This is an absolute right and protects against serious physical or mental harm from the Government, whether that harm is intentional or not. The Commission views the Government’s action as proportionate and adequate to protect the general public of harm (both mental and physical).  None of the actions will result in inhumane or degrading treatment or harm.

Right to liberty (Section 5 of the TCI Constitution)

This is NOT an absolute right and can be derogated.   A person is deprived of their liberty when they are living under constant supervision and/or control and they are not free to leave.  The right can be restricted when necessary, under very specific circumstances.  A deprivation of liberty is only allowed if it is lawful, legitimate, and proportionate including for the purpose of ‘the prevention of the spreading of infectious diseases. ’Government’s action to implement the policies for the purpose of the prevention of Covid-19.  The actions are reasonable and proportionate and does not extremely restrict people’s movements.

The right to private and family life (Section 9 of the TCI Constitution

This is NOT an absolute right and can be derogated.  It protects our right to respect for private and family life including physical and mental wellbeing and autonomy (e.g., being able to make decisions about your health and care).  Condition of vaccination to enjoy certain benefits (entry into public places, hassle free travel, etc.) may in normal circumstances be a contravention of this fundamental right.  It is the Commission’s view that the Government action to derogate this right is warranted under the period of emergency and the derogation of the right is both reasonable and proportionate.  Persons are allowed to make the choice about their health however, the government has placed reasonable and proportionate restrictions based on the choice made in the best interest of the population at large.    

The right to be free from discrimination (Section 16 of the TCI Constitution):

This is NOT an absolute right and can be derogated.  This right seeks to protect our right not to be discriminated against and means that we should all be able to enjoy our human and fundamental rights without discrimination.  Differential treatment of people may not be discriminatory if it can be objectively and reasonably justified.  In this case with the ongoing public health emergency the action by the Government can be objectively and reasonably justified in the best interests of the population.

Case law in the EU and Caribbean

Courts in both Europe and the Caribbean have considered contravention of human and fundamental rights claims in relation to mandatory vaccines and derogation of citizens’ rights in times of emergency and crisis.

The European Court of Human Rights ruled that the Czech Republic did not contravene any of the EU Human Rights conventions by requiring mandatory vaccinations (it was not, however, in relation of the Covid-19 vaccine).

The Court in Trinidad and Tobago ruled that the Governments action to refuse entry of citizens into Trinidad and Tobago was not in contravention of any constitutional and fundamental human rights during a time of crisis.

Conclusion

The Commission is not persuaded that the Government’s policies have contravened any rights enshrined in the Constitution. Further, that the policies as implemented are so done for the protection of the public in this time of emergency caused by the Covid-19 pandemic is reasonable and proportionate and it is in their opinion in the best interest of the greater good.  We do not think that any of the actions by the Government described herein contravenes any human right or fundamental constitutional right of any resident of the Turks and Caicos Islands.

The Human Rights Commission continues to exercise its role as a watchdog institution and for the protection of rights for everyone residing in the Turks and Caicos Islands.

Media Statement provided by the Human Rights Commission of the Turks and Caicos Islands

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News

The Integrity Commission “Whistle-Blower” Prose series releases episode 2 entitled “Something for me!”  

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PRESS RELEASE

FROM THE INTEGRITY COMMISSION

 

Providenciales, Turks and Caicos Islands – Tuesday, 29 November 2024This series is intended to encourage residents and locals to blow their whistle and stand for what is right.

In a time when transparency and accountability are essential to restore public trust, a new dramatisation series; part 1 entitled “Whistle-Blower” seeks to shine a light on the virtues of integrity, honesty, and good faith in public life. This series explores the various realities faced by TCI citizens and the public in our daily lives and encourages persons to blow their whistle, to speak truth and advocate for a just and ethical society.

“Whistle-Blower” is a five-scene collection of compelling prose pieces that weave together fictional videos and real-life experiences to highlight the need for moral courage of individuals to stand against wrong, corruption, unfairness, and negligence in public life. Each scene captures a particular experience of the emotional, ethical, and societal dilemmas encountered by whistle-blowers, emphasising the values that sustain democracy and justice.

The series is about taking a stand and reporting and exposing wrongdoing. It is a call to action for everyone to embrace honesty and good faith as guiding principles. The dramatisation in the scenes seek to inspire locals and residents to uphold these values in their personal and professional lives, fostering a culture of accountability and fairness.

The following video is the second of five episodes in this series:

  • Episode 2:  Something for me!
    • This episode depicts moral wrong of taking what does not belong to you, and the importance of calling wrong, wrong and reporting it. https://youtu.be/NGJqaeLssfQ

“In a world clouded by misinformation and moral compromise, the courage to stand by the truth is our strongest weapon. ‘Whistle-Blower’ encourages and salutes those who champion honesty and integrity, often at a great personal cost”.

Thank you for helping the Commission to lead in combating corruption, promoting integrity, honesty and good faith in public life by playing your part as we fight corruption together.

For more information about the Integrity Commission or the “Whistle-Blower” series, please contact the Integrity Commission at telephone numbers (649)946-1941/(946) 941-7847/(946) 338-3334 and/or visit our website at www.integritycommission.tc.

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Caribbean News

More than 6000 new smiles produced by the Sandals Foundation and Great Shapes! Inc. in the TCI

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Providenciales, Turks and Caicos Islands, November 29, 2024 – Over 6000 residents are smiling a little brighter for the holidays following the recently concluded 1000 Smiles free dental clinics, and oral health education workshops implemented by the Sandals Foundation and its partners, United States based non-profit Great Shape! Inc.

As part of its continued commitment to community health and development, the Sandals Foundation coordinated logistics for a series of public dental clinics at the Church of God of Prophecy in Five Cays and at the clinic at the Public Hospital in Providenciales. Beaches Resorts team members also benefited from the services which included cleaning, filling, extractions, root canals, x-rays, dentures, dental sealants and fluoride treatment, through a staff clinic held at the Key West Conference Room on resort.

Shantelle Senior-Clarke, Project Manager of Great Shapes! Inc. in highlighting the continued success of this year’s initiative, noted, “For the three weeks of dental clinics which included the post operational phase, there were a total of 1157 cleanings, 968 fillings, 724 extractions, 75 X-rays, 260 dental sealants, 725 fluoride treatments, 30 root canals, and 82 follow – ups.” She further added, “It was a lot of hard work but well worth it.”

This year’s success was made possible through the collaboration of key stakeholders such as the Ministry of Health and Human Services, Turks and Caicos Islands Government Dental Clinic.

Together, they successfully managed the logistics of one hundred and forty two (142) volunteer dental care practitioners and non-dental professionals from the United States, Canada and the Caribbean over a one month period.

Dr. Maria Tuason, a volunteer with the programme for over five years who also took her 12 year old grand-daughter shared, “one of the most rewarding part of my visits has always been the interaction with children. Both adults and children are afraid at times of the procedures but whenever I talk with them and explain what I will be doing, they usually feel more comfortable in allowing me to provide them with the service. This year was no different as I got the chance to provide quality care for the people of Turks and Caicos Islands and gave them back their confidence with their smiles.”

In addition to the dental services, residents also had their capacity built in preventative oral health care education. The oral health education team visited twelve schools throughout Providenciales sharing in a fun and engaging activities with students and distributing oral healthcare packages for continued use.

By targeting children, it is hoped that healthy dental hygiene habits will be developed at an early age. Early Childhood teacher at BEST Institute Dawn Brivett-Ford shared, “Early education helps to prevent common dental problems like gum disease and cavities. Learning about oral health with a fun team like our volunteers, also helps children develop a positive attitude towards dental care. A positive impression in childhood will last for a lifetime.”

Orville Morgan, Public Relations Manager said while the scheduled visits coincided with schools’ mid – term breaks, “We were willing to visit two schools in one day when necessary because this is valuable information being shared.”

“Maintaining good oral health is important at every age but is particularly important during childhood, Morgan noted, “Poor oral health has been linked to health problems, including heart disease, diabetes, and respiratory infections. With that being said, dental health education can help children take control of their oral health. It is likely to boost their self-confidence, academic performance may improve and also their quality of life.”

Managing Director of Beaches Turks and Caicos Resort and Sandals Foundation Ambassador, James McAnally affirmed the resort’s promise to delivering quality service to the community in support of the wellbeing of families. “We are as committed to the residents of the Turks and Caicos, a large percentage of whom make up our workforce. Knowing that there are families in need of dental care who cannot afford to visit the dentist, motivates us to continue our partnership with Great Shapes! Inc. Each year the volunteers provide quality dental care and they work tirelessly to serve as many patients as possible.”

 

PHOTO CAPTIONS

HeaderDr Janice A.M. Baron, (left) Chief Dental Officer within the Ministry of Health and Human Services examines the Beaches Turks and Caicos dental clinic space at the Key West conference room along with Dental Hygienist Sophia Harris.

1st insertOne of the dental hygienist with the Great Shape Inc! 1000 Smiles programme takes her time to provide the best service to one of the clients at the Church of God of Prophecy in Five Cays at the community clinic

2nd insertThe Beaches Turks and Caicos resort team members had a full team of dental professionals in the comfort of the Key West Village conference which was converted into a dental clinic for two weeks, here a dental hygienist provides services to on of the team members

 3rd insert – The Church of God of Prophecy hall for the second consecutive year was converted into a state of the art dental clinic where clients were able to receive various services from the Great Shape Inc! 1000 Smiles dental team for two weeks

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Health

Sandals Foundation, Ministry of Health and Human Services and Great Shape! increase oral health education for schools in TCI

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Providenciales, Turks and Caicos Islands, November 29, 2024 – More than 3500 students from 12 schools in Turks and Caicos Islands were given a greater chance at fighting and preventing cavities, after the Sandals Foundation, Ministry of Health and Human Services Dental Unit and Great Shape! Inc, brought their school-based oral health education preventative programme to the schools recently.

“Oral health is a very important part of overall proper health, and even more critical for children as they develop healthy habits. We must ensure that the proper dental hygiene is taught to children as early as possible, and where necessary, provide preventative services such as sealants to help prevent future damage to their teeth. Our partnership with Great Shape! Inc has, for the past decade, brought health care services to hundreds of thousands across the Caribbean, and that is something we are proud of,” said executive director of the Sandals Foundation, Heidi Clarke.

Principal of the Thelma Lightbourne Primary School, Robin Cox-Foster while expressing gratitude for the new information being shared to her students highlighted the long term benefits for the children.

Said Cox-Foster: “Every student was able to benefit in a tangible way from the information and materials being shared on improving their oral health. The different professionals shared with them basic habits that will ensure that they can enjoy a healthier oral lifestyle. The parents have expressed their satisfaction with the new information that their children received from the volunteers with helping them improve their oral health habits.”

In addition to the oral health education, each student received toothbrush, fluoride toothpaste, dental floss and lessons on how to properly care for their teeth. Ministry of Health dental nurse Kenesha Lewis shared her satisfaction with the quality information that the students received.

“The students were also taught how eating certain unhealthy foods, improper brushing and lack of flossing could damage their teeth and affect them in the future. As a team we were able to impact students in all the government primary schools in Providenciales which we are sure will help in the better care of their oral health as they get older,” Lewis shared.

Dr Susan Delpeche, Dental Surgeon of the Turks and Caicos Islands Government Dental Clinic noted, “This type of outreach has been phenomenal, considering that access to proper dental care is not affordable for many of our students. The volunteers are all great individuals, and our hearts swell with appreciation for the work they have done. The infusion of brighter smiles brought about by Great Shape! Inc 1000 Smiles and the Sandals Foundation has been a wonderful experience.”

Henri Johnson, first-time volunteer to Great Shape! was eager to share with the students at the different schools.

“The team of volunteers here are very respectful and professional and the next generation of volunteers who came were amazing. I just love them all. Before I begin a presentation in each class I would explain why it is important to practice proper oral hygiene and how to prevent cavities. The end result is always the best. They offer the most precious hugs and smiles,” said Johnson.

Jace Mullings, grade 6 student at the Richmond Hill Preparatory school shared, “The presentation from these volunteers was very informative for the children at my school. They included us in their presentations and demonstrated to us how to take care of our oral health. We have been learning this in our classes but the way that the dentists shared it, made it more fun and easier to understand.”

During the two weeks, 42 volunteers shared in the oral health education programme at the schools. The message of good oral care was shared with all classes at the schools. The Great Shape! Inc Programme was launched in Jamaica in 2003, led by Great Shape! Inc Executive Director Joseph Wright. “Our project is a preventative one. Our mission is to go into the schools to reduce or prevent cavities, and having educators and dentists sharing with the children is a proven and cost-effective way to do that,” Wright said.

The Sandals Foundation and Great Shape! Inc partnership has provided eye care and dental services to over 300,000 people in Jamaica, St Lucia, Grenada, and Turks and Caicos Islands.

 

Captions:

Header – Students from the Enid Capron Primary School in Five Cays share bright smiles and the gifts that they received from the Great Shape Inc! 1000 Smiles Dental volunteers

1st insert – A group of Elite School students share a photo opportunity with some of the Great Shape Inc! Dental volunteers at the school while teachers and administrators join in the celebrations

2nd insert– An Elite Primary School student demonstrates the proper technique in brushing the teeth to one of the Great Shape Inc! 1000 Smiles volunteers  while her classmates look on

 3rd insert – Kenesha Lewis from the Dental Department within the Ministry of Health and Human Services (standing right) was engaged along with the students at the Richmond Hill Preparatory school as one of the volunteers from the Great Shape Inc! 1000 Smiles team explains the benefits of maintaining proper dental hygiene

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