Civil society advocate Carol Narcisse has praised a landmark ruling by the Court of Appeal yesterday, which determined that Kensington Primary School in St Catherine violated the constitutional rights of a female student by denying her admission due to her refusal to cut her dreadlocked hair.
In handing down the ruling, Justice Patrick Brooks, the outgoing president of the Court of Appeal, said the child’s right to freedom of expression and the right to equitable treatment by a public authority in the exercise of any function were violated.
“It is a very welcome decision of the Court of Appeal. It is an important affirmation of the provisions of the Constitution, particularly the protections of the Constitution for our freedom of expression,” Narcisse said.
In 2020, Narcisse was part of a group of protesters who gathered before the Heroes Circle offices of the Ministry of Education to register their disapproval with the ruling of the Supreme Court.
The Supreme Court ruled at the time that the child’s constitutional rights were not breached by Kensington Primary based on the case that was presented.
Based on the Court of Appeal’s ruling, Narcisse said the Ministry of Education should ensure that the policy it sent to schools is now in keeping with the court’s decision.
She argued that educational institutions should focus on things that act as a barrier to education and learning, noting that schools should also ensure that the rules they seek to enforce are not arbitrary and are consistent with the Constitution of the country.
The civil society advocate also cautioned against rules that are oppressive to a group of people whose cultural expression includes hairstyles and braiding, among other things.
Narcisse said she has been told by women who wear natural hairstyles that their employers told them they could not wear braids on the job.
“It is a vindication of black people’s rights to wear their natural hair and to style it in ways that their personal expression desires and likes,” Narcisse said of the court’s ruling.