Jamaican legislation prohibits all discrimination based on race or religion, but does not make any reference to gender. The government is reviewing a draft charter on fundamental rights that would specify gender on the list of prohibited discriminations. Jamaica’s Civil Code and Penal Code still contain numerous discriminatory measures, and the language used in the country’s laws is not gender-neutral. Traditional gender stereotypes are institutionalised within Jamaica’s education system, the media, religion and the family.
Although tradition is strong in Jamaica, the country’s Family Code upholds the principle of equality for women. The minimum legal age for marriage is 16 years for both men and women; minors below 18 years of age need their parents’ consent to marry. Early marriage is extremely rare: a 2004 United Nations report estimated that 1 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is prohibited under Jamaican law.
Jamaican legislation provides for equal rights and responsibilities for spouses, and mothers and fathers share parental authority. Social stereotypes persist, however, making it socially acceptable for husbands to exercise authority over their wives and make household decisions. In the event of divorce, custody is awarded according to the best interests of the children, but is usually granted to the mother.
In the matter of inheritance, the wishes of the deceased are paramount. However, if the deceased has specifically stated that the spouse and children should not inherit his or her property, the surviving dependents can appeal to the courts to obtain an allowance.
The physical integrity of Jamaican women is not sufficiently protected. Violence against women, including domestic violence and sexual abuse, is common, especially in rural areas. In fact, the high incidence of physical, sexual and psychological violence considerably reduces women’s independence. In 1995, the government passed a law that recognised domestic violence as a crime; however, the authorities are having difficulty addressing the problem and the legislation is slow to have any positive impact on women’s lives. The Bureau of Women’s Affairs has proposed an amendment to the 1864 Offences against the Person Act to include spousal rape as a crime. The World Bank has found a close correlation between economic dependence and violence, and states that the main cause of men’s violence against women is financial, emotional or sexual insecurity.
Female genital mutilation is not a common practice in Jamaica. There is no evidence to suggest that Jamaica is a country of concern in relation to missing women.
Jamaican law and tradition create obstacles to women’s financial independence. While Jamaican women have the legal right to hold title deeds, social stereotypes limit women’s access to land and they have difficulty obtaining mortgages.
The Married Women’s Property Act, a law dating back to 1887, regulates married women’s access to property other than land. It contains numerous discriminatory clauses, including a regulation that refers to “fraudulent investments [made] by a wife of her husband’s money without his consent”. The government is revising this legislation and has recommended that the asymmetry of this statement be addressed. The Family Property (Rights of Spouses) Act was adopted in 2004, stipulating that men and women have an equal legal capacity to sign contracts and administer property.
Women have more difficulty than men in obtaining access to bank loans, primarily because they are more likely to live in poverty. Women can obtain low-rate loans through micro-credit programmes, and several such initiatives have been launched in recent years. In general, women have better access to loans for small sums than for larger amounts.
Women’s civil liberties are generally respected in Jamaica. Freedom of movement, however, is limited in that married women are obliged to adopt their husband’s place of residence. Jamaican women’s freedom of dress does not appear to be restricted.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Jamaica, Fifth Periodic Report of States Parties, CEDAW/C/JAM/5, CEDAW, New York, NY.
JICA (Japan International Cooperation Agency) (2005), Country Gender Profile: Jamaica, JICA, Tokyo.
Moser, C. and J. Holland (1997), Urban Poverty and Violence in Jamaica, World Bank Latin American and Caribbean Studies, World Bank, Washington DC.
Mansingh, A. and P. Ramphal (1993), “The Nature of Interpersonal Violence in Jamaica and Its Strain on the National Health System”, West Indian Medicine Journal, Vol. 42, The University of the West Indies, Mona, pp. 53-56.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UN (United Nations) (2006), In-depth Study on all Forms of Violence Against Women, Report of the Secretary-General, UN General Assembly, 61st Session A/61/122/Add.1, UN, New York, NY.
