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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.
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Sexual Orientation and Gender Identity
Jamaica
- 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 Chapter15.
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)
Status of the Constitution
Jamaica
- EnglishSubject 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)
Jurisdiction and Access
Jamaica
- English1. 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)
Obligations of the State
Jamaica
- English1. 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;
…
the following provisions of this Chapter5 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)
Obligations of Private Parties
Jamaica
- English1. Whereas-
…
c. all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter6,
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)
Judicial Protection
Jamaica
- English1. If any person alleges that any of the provisions of this Chapter7 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)
Political Rights and Association
Jamaica
- English1. 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)
Political Rights and Association
Jamaica
- 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 Chapter10 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)
Head of State
Jamaica
- EnglishThere 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)
Head of State
Jamaica
- English1. The executive authority of Jamaica is vested in Her Majesty.
2. Subject to the provisions of this Constitution, the executive authority of Jamaica may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him.
… (Sec. 68)