Fighting Domestic Violence

Jamaica

Select a Topic
Quick Links
Start Comparison
2. Introduction: framework guiding domestic violence law
Jump to
2. Introduction: framework guiding domestic violence law Start Comparison
2.1 Are there civil and criminal legal remedies for domestic violence victims?

Under the Domestic Violence Act, victims of domestic violence can apply for two orders from the court: a protection order and an occupation order. A protection order restricts a person's contact with any victim[10] (in a manner similar to a restraining order) and an occupation order gives someone the right to occupy a home and use household items.[11]

If an abuser identified within the order breaches a protection order, they commit a criminal offense and could be fined up to JMD 10,000 or be imprisoned for up to six months, or both.[12]

Where a protection order is in force, the police may arrest an abuser without a warrant if they have reason to suspect that the abuser has violated the protection order and that arresting them is reasonably necessary for the protection of the victim in whose favor the order was made.[13]

However, the legislation does not appear to provide the police with express powers to arrest or charge an alleged abuser related to domestic violence itself (as opposed to breaching a protection order). Instead, the police would need to rely on other general legislation, such as the Offenses Against the Person Act, to charge alleged abusers for assault occasioning bodily harm.

2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?
Safety from domestic violence is not expressly referred to as a human right but the Constitution of Jamaica states that every person is entitled to liberty and security of person (excluding the execution of a court sentence), and that no person is to be subjected to torture or inhuman or degrading punishment or other treatment.[14]
2.3 Has your country signed and ratified the conventions?
Yes, except for the Optional Protocol to the Convention. The Optional Protocol establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) committee to hold countries to account if they do not comply with the CEDAW.
2.4 If it has ratified the Maputo Protocol, how has it been implemented into national law (African Union member states only)?
N/A
2.5 If it has ratified the 1979 Convention (CEDAW), how has the recommendations part of General Comment No. 35 been implemented into national law?

It is unclear whether any of the No. 35 recommendations have been implemented into national law.

A report on Jamaica by the CEDAW in 2012[15] states the following:

  • Gender-based violence remains widespread and cases are underreported.
  • There is insufficient awareness and training among judges, prosecutors, police officers and health professionals on violence against women.
  • Despite the 2008 reproductive health survey on intimate partner violence, limited data is available on violence against women and there is no systematic process to collect such data.
2.6 If the conventions have not been ratified or signed, is it envisaged that your country will do so?
N/A
Quick Links
{{ $store.state.loadingScreen.message }} ...