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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Limitations and/or Derogations
- English…
the following provisions of this Chapter8 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.
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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)
Marriage and Family Life
- English1. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-
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b. final decisions in proceedings for dissolution or nullity of marriage;
… (Sec. 110)
Marriage and Family Life
- English1. 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)
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 Chapter9 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-
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j. the right of everyone to-
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ii. respect for and protection of private and family life, and privacy of the home;
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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)
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 Chapter11 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-
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q. the protection of property rights as provided in section 15;
… (Sec. 13)
Protection from Violence
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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 Chapter12 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-
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a. the right to life, liberty and security of the person
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o. the right to, protection from torture, or inhuman or degrading punishment or other treatment as provided in subsections (6) and (7);
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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)
Public Institutions and Services
- English
1. Subject to subsection (4), 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.
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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)
Public Institutions and Services
- English1. 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…
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 Chapter13 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-
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h. the right to equitable and humane treatment by any public authority in the exercise of any function;
… (Sec. 13)
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-
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c. offences regarding the life of the unborn,
shall be held to be inconsistent with or in contravention of the provisions of this Chapter14.
… (Sec. 13)