JTA watching education rights case closely 

The Jamaica Teachers’ Association (JTA) is anticipating the outcome of a constitutional challenge brought by Opposition Spokesman on Education Damion Crawford against the Government over its alleged failure to guarantee children their right to quality publicly funded education at the pre-primary and primary levels. 

JTA President Mark Malabver said the lawsuit “would make for interesting deliberation by the court”. He told The Gleaner that he is anxious to hear what the court believes is the State’s responsibility towards early childhood education. 

"There are major challenges with early childhood education, there are major challenges with primary education, and I believe those things need to be fixed," he said. 

He noted that the JTA has repeatedly criticised the Government’s handling of the sector, contending that it has not been given the priority necessary for its development.

“We have long held the view that private entities are the major players in early childhood education, and the reality is that private entities are primarily driven by profits and not necessarily by ensuring that a child has the quality education at the foundational level,” Malabver added. 

Speaking during his contribution to the Sectoral Debate in the House of Representatives last Tuesday, Crawford argued that the rights of Jamaican children are being infringed by the failure of relevant state agencies to ensure that there are adequate public educational institutions to accommodate cohorts of children seeking enrolment. 

He revealed that the constitutional challenge was filed on April 7, and he is seeking the court’s interpretation of whether the Government is meeting its obligations under the Charter of Fundamental Rights and Freedoms.  

“The Charter of Fundamental Rights and Freedoms guarantees every child the right to publicly funded tuition at the pre-primary and primary levels. This is not aspirational. It is binding,” he emphasised. 

He highlighted what he described as weaknesses in the early childhood education sector, which he contends is the root of many of the problems in Jamaica’s education system. 
He pointed to data showing that roughly 54 per cent of assessed four-year-olds were deemed developmentally prepared for school, and further stressed the deficit of trained teachers in the sector. 

He stated that just 0.24 per cent of gross domestic product is spent on early childhood education, which is below the international benchmark of one per cent. 

Alluding to similar issues in early childhood education, Malabver asserted that it is time the Government becomes the major player in the sector. 

And as the country grapples with declining fertility rates, he is suggesting that the Government twin more early childhood institutions with primary schools. 

“We believe that these spaces should be transformed into early childhood centres of excellence, so that the child can make that transition out of early childhood into primary schools in a more seamless way,” Malabver told The Gleaner.

Recent data suggest that more than 200 primary schools in Jamaica are operating at under half of their capacity, mainly due to falling birth rates and migration. As of 2024, Jamaica’s total fertility rate is approximately 1.9 births per woman. This rate is below the replacement level of 2.1, signaling a decline in population growth.

sashana.small@gleanerjm.com