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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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Jurisdiction and Access

Jamaica, 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)

Equality and Non-Discrimination

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 Chapter4 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 of-
i. being male or female;
ii. race, place of origin, social class, colour, religion or political opinions;
… (Sec. 13)

Education

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 Chapter3 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)

Obligations of Private Parties

Jamaica, English

1. 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, English

1. 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)

Obligations of the State

Jamaica, 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;

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)

Limitations and/or Derogations

Jamaica, 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.

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

Jamaica, 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)

Marriage and Family Life

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 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-

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)

Marriage and Family Life

Jamaica, 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)