Constitution of Jamaica 1962, as amended to 2011


Citizenship and Nationality

(1) A person may, in accordance with the provisions of this Chapter, become a citizen of Jamaica by-
(a) birth;
(b) descent; or
(c) registration as a citizen of Jamaica based on marriage to a citizen of Jamaica.
(2) Parliament may make provision for the acquisition of citizenship of Jamaica by persons who do not become citizens of Jamaica by virtue of the provisions of this Chapter.
(3) Subsection (1) shad not affect the right of any person who, before the 26th day of March, 1999, was entitled to Jamaican citizenship by virtue of any provision of the Constitution in force before that date. (Sec. 3)

Citizenship and Nationality

(I) A person-
(a) who was born outside Jamaica before the sixth day of August 1962;
(b) who was not before the 1st day of March 1993, entitled to Jamaican citizenship by virtue of any provisions of this Constitution in force before that date; and
(c) whose father or mother, on the sixth day of August 1962, became or would but for his or her death have become a citizen of Jamaica in accordance with subsection (1) of section 3, shall become a citizen of Jamaica on the 1st day of March 1993.
(2) Subsection (1) shall not affect the rights of any person who, before the 1st day of March 1993, was entitled to Jamaican citizenship by virtue of any provision of this Constitution which was in force before that date. (Sec. 3A)

Citizenship and Nationality

1) Every person born in Jamaica shall become a citizen of Jamaica-
(a) on the sixth day of August, 1962, in the case of a perm born before that date;
(b) on the date of his birth, in the case of a person born on or after the sixth day of August, 1962.
(2) A person shall be deemed to be born in Jamaica -

(b) if at the time of his birth his mother -
(i) is a citizen of Jamaica residing in a country other than Jamaica by reason of her employment in the diplomatic service of Jamaica; or
(ii) whether or not a citizen of Jamaica, is residing in a country other than Jamaica by reason of her being married to a citizen of Jamaica who is residing in that country by reason of his employment in the diplomatic service of Jamaica.
… (Sec. 3B)

Citizenship and Nationality

Every person born outside Jamaica shall become a citizen of Jamaica -
(a) on the sixth day of August, 1962, in the case of a person born before that date; or
(b) on the date of his birth, in the case of a person born on or after the sixth day of August, 1962, if, at that date, his father or mother is a citizen of Jamaica by birth, descent or registration by virtue of marriage to a citizen of Jamaica. (Sec. 3C)

Citizenship and Nationality

(1) Any man or woman who, on the fifth day of August 1962, is or had been married to a person -
(a) who becomes a citizen of Jamaica by virtue of section 3 of this Constitution; or
(b) who, having died before the sixth day of August 1962 would but for that person’s death, have become a citizen of Jamaica by virtue of that section, shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.
(2) Any person who, on the fifth day of August 1962, is a citizen of the United Kingdom and Colonies
(a) having become such a citizen under the British Nationality Act, 1948, by virtue of his having been naturalised in the former Colony of Jamaica as a British subject, before that Act came into force; or
(b) having become such a citizen by virtue of his having been naturalised or registered in the former Colony of Jamaica under that Act, shall be entitled, upon making application before the sixth day of August 1964, in such manner as may be prescribed, to be registered as a citizen of Jamaica:
Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian.
(3) Any man or woman who on the fifth day of August 1962 is or has been married to a person who subsequently becomes a citizen of Jamaica by registration under subsection (2) of this section shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance to be registered as a citizen of Jamaica. (Sec. 4)

Citizenship and Nationality

(1) Any man or woman who, after the fifth day of August 1962, marries a person who is or becomes a citizen of Jamaica shall, subject to subsection (2), be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.
(2) A person may be denied registration under this section if -
(a) there is satisfactory evidence that –
(i) the marriage was entered into primarily for the purpose of enabling that person to acquire Jamaican citizenship; or
(ii) the parties to the marriage have no intention to live permanently with each other as spouses, after the marriage;
(b) the person has been convicted in any country of a criminal offence specified in any law which makes provision for such denial on the ground of such conviction.
(3) Subsection (2) shall not affect the right of any person who, before the 26th day of March, 1999, was entitled to apply for Jamaican citizenship by virtue of any provision of this Constitution in force before that date. (Sec. 7)

Citizenship and Nationality

(1) No person who is a citizen of Jamaica by virtue of section 3 (1) (a), (b) or (c) shall be deprived of his citizenship of Jamaica.
(2) A person who is a citizen of Jamaica oher than by virtue of section 3 (1) (a), (6) or (c), shall not be deprived of his citizenship except by or under the provisions of a law-
(a) specifying the grounds on which such deprivation may take place and the procedure for such deprivation; and
(b) securing to any person affected thereby a right of access to the Supreme Court for the purpose of reviewing the decision to deprive him of his right to such citizenship. (Sec. 8)

Citizenship and Nationality

Parliament may make provision-

(b) prescribing the grounds on which and the procedure whereby a person may be deprived of his citizenship of Jamaica;
(c) for the renunciation by any person of his citizenship of Jamaica. (Sec. 9)

Jurisdiction and Access

(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases –

(c) final decisions in any civil, criminal or other proceedings on questions as to the interpretation of this Constitution;
… (Sec. 110)

Education

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(k) the right of every child­

(ii) who is a citizen of Jamaica, to publicly funded tuition in a public educational institution at the pre-primary and primary levels;

(13) In this section "public educational institution" means an all-age school, a pre-primary school or a primary school that is maintained or assisted by the Government. (Sec. 13)2

Equality and Non-Discrimination

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(g) the right to equality before the law;

(i) the right to freedom from discrimination on the ground­
(i) being male or female;
(ii) race, place of origin, social class, colour, religion or political opinions;
… (Sec. 13)3

Obligations of the State

(1) Whereas–
(a) the state has an obligation to promote universal respect for, and observance of, human rights and freedoms;
(b) all persons in Jamaica are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue oftheir inherent dignity as persons and as citizens of a free and democratic society; and
(c) all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter, the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others.
(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society-
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.

(4) This Chapter applies to all law and binds the legislature, the executive and all public authorities.
… (Sec. 13)4

Obligations of Private Parties

(1) Whereas­

(c) all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter, the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others.

(5) A provision of this Chapter binds natural or juristic persons if, and to the extent that, it is applicable, taking account of the nature of the right and the nature of any duty imposed by the right.
… (Sec. 13)5

Judicial Protection

(1) If any person alleges that any of the provisions of this Chapter has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.
(2) Any person authorized by law, or, with the leave of the Court, a public or civic organization, may initiate an application to the Supreme Court on behalf of persons who are entitled to apply under subsection (1) for a declaration that any legislative or executive act contravenes the provisions of this Chapter.
(3) The Supreme Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1) of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of this Chapter to the protection of which the person concerned is entitled.
(4) Where any application is made for redress under this Chapter, the Supreme Court may decline to exercise its powers and may remit the matter to the appropriate court, tribunal or authority if it is satisfied that adequate means of redress for the contravention alleged are available to the person concerned under any other law.
(5) Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal.
(6) Parliament may make provision or authorize the making of provision with respect to the practice and procedure of any court for the purposes of this section and may confer upon that court such powers, or may authorize the conferment thereon of such powers, in addition to those conferred by this section, as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. (Sec. 19)6

Limitations and/or Derogations

(1) Whereas­- 
(a) the state has an obligation to promote universal respect for, and observance of, human rights and freedoms;
(b) all persons in Jamaica are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue of their inherent dignity as persons and as citizens of a free and democratic society;
(c) all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter, the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others.
(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.

(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (3)(f) of this section and sections 14 and 16(3), to the extent that the law authorizes the taking, in relation to persons detained or whose freedom of movement has been restricted by virtue of that law, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during a period of public emergency or public disaster.
… (Sec. 13)7

Marriage and Family Life

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(j) the right of everyone to-

(ii) respect for and protection of private and family life, and privacy of the home;

(k) the right of every child-
(i) to such measures of protection as are required by virtue of the status of being a minor or as part of the family, society and the State;
… (Sec. 13)8

Marriage and Family Life

(1) Nothing contained in or done under any law in so far as it restricts­
(a) marriage; or
(b) any other relationship in respect of which any rights and obligations similar to those pertaining to marriage are conferred upon persons as if they were husband and wife, to one man and one woman shall be regarded as being inconsistent with or in contravention of the provisions of this Chapter.
(2) No form of marriage or other relationship referred to in subsection (1), other than the voluntary union of one man and one woman may be contracted or legally recognized in Jamaica. (Sec. 18)9

Marriage and Family Life

(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases –

(b) final decisions in proceedings for dissolution or nullity of marriage;
… (Sec. 110)

Political Rights and Association

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(e) the right to freedom of peaceful assembly and association;

(m) the right of every citizen of Jamaica­
(i) who is qualified to be registered as an elector for elections to the House of Representatives, to be so registered; and
(ii) who is so registered, to vote in free and fair elections;
… (Sec. 13)10

Political Rights and Association

(1) Subject to the provisions of subsection (2) of this section a person shall be qualified to be registered as an elector for elections to the House of Representatives if, and shall not be so qualified unless, he is-
(a) a citizen of Jamaica resident in Jamaica at the date of registration, or
(b) a Commonwealth citizen (other than a citizen of Jamaica) who is resident in Jamaica at the date of registration and who has been so resident for at least twelve months immediately preceding that date, and has attained the prescribed age.

(3) In this section-
" the prescribed age" means-
(a) the age of twenty-one years, or
(b) such other age being less than the age of twenty one years but not less than the age of eighteen years that may from time to time be prescribed by a special Act; and "a special Act" means an Act of Parliament the Bill for which has been passed by both Houses and at the final vote thereon in each House has been supported by the votes of a majority of all the members of that House.
… (Sec. 37)

Head of State

There shall be a Governor-General of Jamaica who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Jamaica. (Sec. 27)

Government

(1) There shall be in and for Jamaica a Cabinet which shall consist of the Prime Minister and such number of other Ministers (not being less than eleven) selected from among Ministers appointed in accordance with the provisions of section 70 of this Constitution as the Prime Minister may from time to time consider appropriate.
(2) The Cabinet shall be the principal instrument of policy and shall be charged with the general direction and control of the Government of Jamaica and shall be collectively responsible therefor to Parliament.
(3) Not less than two nor more than four of the Ministers selected pursuant to subsection (1) shall be persons who are members of the Senate. (Sec. 69)

Government

(1) Whenever the Governor-General has occasion to appoint a Prime Minister he, acting in his discretion, shall appoint the member of the House of Representatives who, in his judgment, is best able to command the confidence of a majority of the members of that House and shall, acting in accordance with the advice of the Prime Minister, appoint from among the members of the two Houses such number of other Ministers as the Prime Minister may advise.
… (Sec. 70)

Legislature

There shall be a Parliament of Jamaica which shall consist of Her Majesty, a Senate and a House of Representatives. (Sec. 34)

Legislature

(1) The Senate shall consist of twenty-one persons who being qualified for appointment as Senators in accordance with this Constitution have been so appointed in accordance with the provisions of this section.
(2) Thirteen Senators shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, by instrument under the Broad Seal.
(3) The remaining eight Senators shall be appointed by the Governor-General, acting in accordance with the advice of 'the Leader of the Opposition, by instrument under the Broad Seal. (Sec. 35)

Legislature

The House of Representatives shall consist of persons who, being qualified for election as members in accordance with the provisions of this Constitution, have been so elected in the manner provided by or under any law for the time being in force in Jamaica and who shall be known as "Members of Parliament". (Sec. 36)

Legislature

Subject to the provisions of section 40 of this Constitution, any person, who at the date of his appointment or nomination for election-
(a) is a Commonwealth citizen of the age of twenty one years or upwards; and
(b) has been ordinarily resident in Jamaica for the immediately preceding twelve months, shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives and no other person shall be so qualified. (Sec. 39)

Property, Inheritance and Land Tenure

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(q) the protection of property rights as provided in section 15;
… ( Sec. 13)11

Protection from Violence

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­
(a) the right to life, liberty and security of the person

(o) the right to protection from torture, or inhuman or degrading punishment or other treatment as provided In subsections (6) and (7);

(6) No person shall be subjected to torture or inhuman or degrading punishment or other treatment.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (6) to the extent that the law in question authorizes the infliction of any description of punishment which was lawful in Jamaica immediately before the commencement of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011.
… (Sec. 13)12

Public Institutions and Services

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(h) the right to equitable and humane treatment by any public authority in the exercise of any function; … (Sec. 13)13

Public Institutions and Services

(1) Subject to the provisions of section 134 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, compensations, gratuity or other like allowance (in this section and in sections 133 and 134 of this Constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
… (Sec. 132)

Public Institutions and Services

(1) The power to grant any award under any pensions law for the time being in force in Jamaica (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor-General.

(3) In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office, and includes any instrument made under any such law. (Sec. 134)

Sexual and Reproductive Rights

(12) Nothing contained in or done under the authority of any law in force immediately before the commencement of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, relating to­

(c) offences regarding the life of the unborn, shall be held to be inconsistent with or in contravention of the provisions of this Chapter.
… (Sec. 13)14

Sexual Orientation and Gender Identity

(1) Nothing contained in or done under any law in so far as it restricts­
(a) marriage; or
(b) any other relationship in respect of which any rights and obligations similar to those pertaining to marriage are conferred upon persons as if they were husband and wife, to one man and one woman shall be regarded as being inconsistent with or in contravention of the provisions of this Chapter.
(2) No form of marriage or other relationship referred to in subsection (1), other than the voluntary union of one man and one woman may be contracted or legally recognized in Jamaica. (Sec. 18)15

Status of the Constitution

Subject to the provisions of sections 49 and 50 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. (Sec. 2)

Citizenship and Nationality

English

(1) A person may, in accordance with the provisions of this Chapter, become a citizen of Jamaica by-
(a) birth;
(b) descent; or
(c) registration as a citizen of Jamaica based on marriage to a citizen of Jamaica.
(2) Parliament may make provision for the acquisition of citizenship of Jamaica by persons who do not become citizens of Jamaica by virtue of the provisions of this Chapter.
(3) Subsection (1) shad not affect the right of any person who, before the 26th day of March, 1999, was entitled to Jamaican citizenship by virtue of any provision of the Constitution in force before that date. (Sec. 3)

Citizenship and Nationality

English

(I) A person-
(a) who was born outside Jamaica before the sixth day of August 1962;
(b) who was not before the 1st day of March 1993, entitled to Jamaican citizenship by virtue of any provisions of this Constitution in force before that date; and
(c) whose father or mother, on the sixth day of August 1962, became or would but for his or her death have become a citizen of Jamaica in accordance with subsection (1) of section 3, shall become a citizen of Jamaica on the 1st day of March 1993.
(2) Subsection (1) shall not affect the rights of any person who, before the 1st day of March 1993, was entitled to Jamaican citizenship by virtue of any provision of this Constitution which was in force before that date. (Sec. 3A)

Citizenship and Nationality

English

1) Every person born in Jamaica shall become a citizen of Jamaica-
(a) on the sixth day of August, 1962, in the case of a perm born before that date;
(b) on the date of his birth, in the case of a person born on or after the sixth day of August, 1962.
(2) A person shall be deemed to be born in Jamaica -

(b) if at the time of his birth his mother -
(i) is a citizen of Jamaica residing in a country other than Jamaica by reason of her employment in the diplomatic service of Jamaica; or
(ii) whether or not a citizen of Jamaica, is residing in a country other than Jamaica by reason of her being married to a citizen of Jamaica who is residing in that country by reason of his employment in the diplomatic service of Jamaica.
… (Sec. 3B)

Citizenship and Nationality

English

Every person born outside Jamaica shall become a citizen of Jamaica -
(a) on the sixth day of August, 1962, in the case of a person born before that date; or
(b) on the date of his birth, in the case of a person born on or after the sixth day of August, 1962, if, at that date, his father or mother is a citizen of Jamaica by birth, descent or registration by virtue of marriage to a citizen of Jamaica. (Sec. 3C)

Citizenship and Nationality

English

(1) Any man or woman who, on the fifth day of August 1962, is or had been married to a person -
(a) who becomes a citizen of Jamaica by virtue of section 3 of this Constitution; or
(b) who, having died before the sixth day of August 1962 would but for that person’s death, have become a citizen of Jamaica by virtue of that section, shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.
(2) Any person who, on the fifth day of August 1962, is a citizen of the United Kingdom and Colonies
(a) having become such a citizen under the British Nationality Act, 1948, by virtue of his having been naturalised in the former Colony of Jamaica as a British subject, before that Act came into force; or
(b) having become such a citizen by virtue of his having been naturalised or registered in the former Colony of Jamaica under that Act, shall be entitled, upon making application before the sixth day of August 1964, in such manner as may be prescribed, to be registered as a citizen of Jamaica:
Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian.
(3) Any man or woman who on the fifth day of August 1962 is or has been married to a person who subsequently becomes a citizen of Jamaica by registration under subsection (2) of this section shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance to be registered as a citizen of Jamaica. (Sec. 4)

Citizenship and Nationality

English

(1) Any man or woman who, after the fifth day of August 1962, marries a person who is or becomes a citizen of Jamaica shall, subject to subsection (2), be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.
(2) A person may be denied registration under this section if -
(a) there is satisfactory evidence that –
(i) the marriage was entered into primarily for the purpose of enabling that person to acquire Jamaican citizenship; or
(ii) the parties to the marriage have no intention to live permanently with each other as spouses, after the marriage;
(b) the person has been convicted in any country of a criminal offence specified in any law which makes provision for such denial on the ground of such conviction.
(3) Subsection (2) shall not affect the right of any person who, before the 26th day of March, 1999, was entitled to apply for Jamaican citizenship by virtue of any provision of this Constitution in force before that date. (Sec. 7)

Citizenship and Nationality

English

(1) No person who is a citizen of Jamaica by virtue of section 3 (1) (a), (b) or (c) shall be deprived of his citizenship of Jamaica.
(2) A person who is a citizen of Jamaica oher than by virtue of section 3 (1) (a), (6) or (c), shall not be deprived of his citizenship except by or under the provisions of a law-
(a) specifying the grounds on which such deprivation may take place and the procedure for such deprivation; and
(b) securing to any person affected thereby a right of access to the Supreme Court for the purpose of reviewing the decision to deprive him of his right to such citizenship. (Sec. 8)

Citizenship and Nationality

English

Parliament may make provision-

(b) prescribing the grounds on which and the procedure whereby a person may be deprived of his citizenship of Jamaica;
(c) for the renunciation by any person of his citizenship of Jamaica. (Sec. 9)

Jurisdiction and Access

English

(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases –

(c) final decisions in any civil, criminal or other proceedings on questions as to the interpretation of this Constitution;
… (Sec. 110)

Education

English

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(k) the right of every child­

(ii) who is a citizen of Jamaica, to publicly funded tuition in a public educational institution at the pre-primary and primary levels;

(13) In this section "public educational institution" means an all-age school, a pre-primary school or a primary school that is maintained or assisted by the Government. (Sec. 13)2

Equality and Non-Discrimination

English

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(g) the right to equality before the law;

(i) the right to freedom from discrimination on the ground­
(i) being male or female;
(ii) race, place of origin, social class, colour, religion or political opinions;
… (Sec. 13)3

Obligations of the State

English

(1) Whereas–
(a) the state has an obligation to promote universal respect for, and observance of, human rights and freedoms;
(b) all persons in Jamaica are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue oftheir inherent dignity as persons and as citizens of a free and democratic society; and
(c) all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter, the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others.
(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society-
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.

(4) This Chapter applies to all law and binds the legislature, the executive and all public authorities.
… (Sec. 13)4

Obligations of Private Parties

English

(1) Whereas­

(c) all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter, the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others.

(5) A provision of this Chapter binds natural or juristic persons if, and to the extent that, it is applicable, taking account of the nature of the right and the nature of any duty imposed by the right.
… (Sec. 13)5

Judicial Protection

English

(1) If any person alleges that any of the provisions of this Chapter has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.
(2) Any person authorized by law, or, with the leave of the Court, a public or civic organization, may initiate an application to the Supreme Court on behalf of persons who are entitled to apply under subsection (1) for a declaration that any legislative or executive act contravenes the provisions of this Chapter.
(3) The Supreme Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1) of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of this Chapter to the protection of which the person concerned is entitled.
(4) Where any application is made for redress under this Chapter, the Supreme Court may decline to exercise its powers and may remit the matter to the appropriate court, tribunal or authority if it is satisfied that adequate means of redress for the contravention alleged are available to the person concerned under any other law.
(5) Any person aggrieved by any determination of the Supreme Court under this section may appeal therefrom to the Court of Appeal.
(6) Parliament may make provision or authorize the making of provision with respect to the practice and procedure of any court for the purposes of this section and may confer upon that court such powers, or may authorize the conferment thereon of such powers, in addition to those conferred by this section, as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. (Sec. 19)6

Limitations and/or Derogations

English

(1) Whereas­- 
(a) the state has an obligation to promote universal respect for, and observance of, human rights and freedoms;
(b) all persons in Jamaica are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue of their inherent dignity as persons and as citizens of a free and democratic society;
(c) all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter, the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others.
(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.

(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (3)(f) of this section and sections 14 and 16(3), to the extent that the law authorizes the taking, in relation to persons detained or whose freedom of movement has been restricted by virtue of that law, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during a period of public emergency or public disaster.
… (Sec. 13)7

Marriage and Family Life

English

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(j) the right of everyone to-

(ii) respect for and protection of private and family life, and privacy of the home;

(k) the right of every child-
(i) to such measures of protection as are required by virtue of the status of being a minor or as part of the family, society and the State;
… (Sec. 13)8

Marriage and Family Life

English

(1) Nothing contained in or done under any law in so far as it restricts­
(a) marriage; or
(b) any other relationship in respect of which any rights and obligations similar to those pertaining to marriage are conferred upon persons as if they were husband and wife, to one man and one woman shall be regarded as being inconsistent with or in contravention of the provisions of this Chapter.
(2) No form of marriage or other relationship referred to in subsection (1), other than the voluntary union of one man and one woman may be contracted or legally recognized in Jamaica. (Sec. 18)9

Marriage and Family Life

English

(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases –

(b) final decisions in proceedings for dissolution or nullity of marriage;
… (Sec. 110)

Political Rights and Association

English

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(e) the right to freedom of peaceful assembly and association;

(m) the right of every citizen of Jamaica­
(i) who is qualified to be registered as an elector for elections to the House of Representatives, to be so registered; and
(ii) who is so registered, to vote in free and fair elections;
… (Sec. 13)10

Political Rights and Association

English

(1) Subject to the provisions of subsection (2) of this section a person shall be qualified to be registered as an elector for elections to the House of Representatives if, and shall not be so qualified unless, he is-
(a) a citizen of Jamaica resident in Jamaica at the date of registration, or
(b) a Commonwealth citizen (other than a citizen of Jamaica) who is resident in Jamaica at the date of registration and who has been so resident for at least twelve months immediately preceding that date, and has attained the prescribed age.

(3) In this section-
" the prescribed age" means-
(a) the age of twenty-one years, or
(b) such other age being less than the age of twenty one years but not less than the age of eighteen years that may from time to time be prescribed by a special Act; and "a special Act" means an Act of Parliament the Bill for which has been passed by both Houses and at the final vote thereon in each House has been supported by the votes of a majority of all the members of that House.
… (Sec. 37)

Head of State

English

There shall be a Governor-General of Jamaica who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Jamaica. (Sec. 27)

Government

English

(1) There shall be in and for Jamaica a Cabinet which shall consist of the Prime Minister and such number of other Ministers (not being less than eleven) selected from among Ministers appointed in accordance with the provisions of section 70 of this Constitution as the Prime Minister may from time to time consider appropriate.
(2) The Cabinet shall be the principal instrument of policy and shall be charged with the general direction and control of the Government of Jamaica and shall be collectively responsible therefor to Parliament.
(3) Not less than two nor more than four of the Ministers selected pursuant to subsection (1) shall be persons who are members of the Senate. (Sec. 69)

Government

English

(1) Whenever the Governor-General has occasion to appoint a Prime Minister he, acting in his discretion, shall appoint the member of the House of Representatives who, in his judgment, is best able to command the confidence of a majority of the members of that House and shall, acting in accordance with the advice of the Prime Minister, appoint from among the members of the two Houses such number of other Ministers as the Prime Minister may advise.
… (Sec. 70)

Legislature

English

There shall be a Parliament of Jamaica which shall consist of Her Majesty, a Senate and a House of Representatives. (Sec. 34)

Legislature

English

(1) The Senate shall consist of twenty-one persons who being qualified for appointment as Senators in accordance with this Constitution have been so appointed in accordance with the provisions of this section.
(2) Thirteen Senators shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, by instrument under the Broad Seal.
(3) The remaining eight Senators shall be appointed by the Governor-General, acting in accordance with the advice of 'the Leader of the Opposition, by instrument under the Broad Seal. (Sec. 35)

Legislature

English

The House of Representatives shall consist of persons who, being qualified for election as members in accordance with the provisions of this Constitution, have been so elected in the manner provided by or under any law for the time being in force in Jamaica and who shall be known as "Members of Parliament". (Sec. 36)

Legislature

English

Subject to the provisions of section 40 of this Constitution, any person, who at the date of his appointment or nomination for election-
(a) is a Commonwealth citizen of the age of twenty one years or upwards; and
(b) has been ordinarily resident in Jamaica for the immediately preceding twelve months, shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives and no other person shall be so qualified. (Sec. 39)

Property, Inheritance and Land Tenure

English

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(q) the protection of property rights as provided in section 15;
… ( Sec. 13)11

Protection from Violence

English

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­
(a) the right to life, liberty and security of the person

(o) the right to protection from torture, or inhuman or degrading punishment or other treatment as provided In subsections (6) and (7);

(6) No person shall be subjected to torture or inhuman or degrading punishment or other treatment.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (6) to the extent that the law in question authorizes the infliction of any description of punishment which was lawful in Jamaica immediately before the commencement of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011.
… (Sec. 13)12

Public Institutions and Services

English

(2) Subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic society­
(a) this Chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and
(b) Parliament shall pass no law and no organ of the State shall take any action which abrogates, abridges or infringes those rights.
(3) The rights and freedoms referred to in subsection (2) are as follows­

(h) the right to equitable and humane treatment by any public authority in the exercise of any function; … (Sec. 13)13

Public Institutions and Services

English

(1) Subject to the provisions of section 134 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, compensations, gratuity or other like allowance (in this section and in sections 133 and 134 of this Constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
… (Sec. 132)

Public Institutions and Services

English

(1) The power to grant any award under any pensions law for the time being in force in Jamaica (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor-General.

(3) In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office, and includes any instrument made under any such law. (Sec. 134)

Sexual and Reproductive Rights

English

(12) Nothing contained in or done under the authority of any law in force immediately before the commencement of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, relating to­

(c) offences regarding the life of the unborn, shall be held to be inconsistent with or in contravention of the provisions of this Chapter.
… (Sec. 13)14

Sexual Orientation and Gender Identity

English

(1) Nothing contained in or done under any law in so far as it restricts­
(a) marriage; or
(b) any other relationship in respect of which any rights and obligations similar to those pertaining to marriage are conferred upon persons as if they were husband and wife, to one man and one woman shall be regarded as being inconsistent with or in contravention of the provisions of this Chapter.
(2) No form of marriage or other relationship referred to in subsection (1), other than the voluntary union of one man and one woman may be contracted or legally recognized in Jamaica. (Sec. 18)15

Status of the Constitution

English

Subject to the provisions of sections 49 and 50 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. (Sec. 2)

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5

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10

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11

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12

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13

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14

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15

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