A ruling by the Court of Appeal found that the constitutional rights of a female Kensington Primary School student were violated when she was denied entry because of her dreadlocked hair.

Justice Patrick Brooks handed down the ruling in the Appeal Court on Monday (July 15). 

Brooks, in handing down the ruling, noted that the student’s freedom of expression and the right to equitable treatment by a public authority in the exercise of any function were violated.

This court decision reversed the Supreme Court’s ruling back in 2020, where it ruled that the school’s policy did not breach the child’s constitutional rights.

The student was denied access to the institution back in 2018 after her parents, Dale and Sherine Virgo, refused to cut her hair and moved to file a lawsuit.

Dr Deborah Hickling Gordon, shadow culture minister, has hailed the court’s ruling as a victory for Rastafarian rights.

“For about a century, the Rastafarian community has been subject to dastardly cases of discrimination on the basis of wearing their hair in ‘dreadlocks’. Discriminatory perceptions and practices such as this are deeply formed and performed within Jamaican society. They are based on stereotypes related primarily to race, class, and economic access. The ruling is therefore a triumph for Afrocentric self-expression, which forms a well-identified part of Jamaica’s identity conflict,” she said.

She noted that Monday’s court ruling is a step in the right direction that should lead the government towards addressing requests from the Rastafarian community.

“The government needs to use this ruling as a clear indicator that it is time to actively move above and beyond the symbolism of celebratory days and apologies as recently proffered, to also respond with meaningful action on behalf of the Jamaican citizens who form the Rastafarian community,” she said.