Trinidad and Tobago

Trinidad and Tobago is ranked 7th out of 86 in the 2012 Social Institutions and Gender Index. The country was ranked 29th out of 102 in the 2009 Social Institutions and Gender Index.

The 2011 Human Development Index (HDI) score for the country is 0.760, placing it in 62nd place (out of 187 countries). The Gender Inequality Index score is 0.331. Trinidad and Tobago’s Global Gender Gap Index rating for 2011 is 0.7372, placing it in 21st place (out of a total of 135 countries).

Discriminatory Family Code: 

In Trinidad and Tobago, marriages can be performed (and are legally recognised) under civil law or under religious law.[1]  The minimum legal age for marriage depends on the type of union involved. The civil Marriage Act stipulates that men and women must be 18 years old to marry. By contrast, Islamic Sharia law sets the minimum age for marriage at 12 years for women and 16 years for men, while Hindu law fixes the minimum age at 14 years for women and 18 years for men. In the Orisa community, the minimum is 16 years for women and 18 years for men.[2] National law states that minors cannot marry without the consent of their parents, and must always have reached the minimum age set by their community. However, Hindu women under 18 but who are older than 16 can marry without their parents’ consent.[3] According to the 2008 Multiple Indicator Cluster Survey, just 1.6 percent of women married women aged 15-49 were married before there 15th birthday. For women aged 20-49, 10.7 percent were married before they turned 18.[4] In 2006, 6.3 percent of girls between 15 and 19 years of age were married or in union.[5]

Polygamy is not recognised under any of the marriage systems in Trinidad and Tobago.[6] By law, when a couple wish to marry, both parties must make a declaration that there is no legal hindrance to the marriage.[7] Bigamy is punishable by up to four years in prison.[8] According to the 2001 report to the CEDAW committee, de facto polygamous unions do exist in Trinidad and Tobago, but these have no legal recognition.[9] 

In Trinidad and Tobago, mothers and fathers have equal rights regarding parental authority (with both considered to be the ‘natural guardians of the child’) and child custody, with the courts deciding child custody arrangements in the best interests of the child.[10]  Women and men appear to have the same rights to divorce, with the CEDAW report stating that repudiation (i.e. unilateral divorce on the part of the husband) is not practised.[11]  Unless the paternity is registered, the mother has the sole responsibility for children born out of wedlock.[12]  Women have the right to pass citizenship onto their children.[13]

The 1981 law on inheritance does not discriminate on the grounds of gender.[14]  It is unclear whether women face de facto discrimination in regard to inheritance practices in Trinidad and Tobago. 

 [1] Marriage Act Chapter 45.01, Muslim Marriage and Divorce Act Chap. 45.02, Hindu Marriage Act Chap.45.03, Orisa Marriage Act No. 22 of 1999 in CEDAW (2001), p.134 [2] CEDAW (2001), p.135 [3] CEDAW (2001), p. 134-135. [4] Ministry of Social Development (MSD), United Nations Children’s Fund (UNICEF), and the Central Statistical Office, The Government of the Republic of Trinidad and Tobago (CSO) (2008), Multiple Indicator No. 67. [5] Multiple Indicator Cluster Survey (2006) p.172 [6] CEDAW (2001), p.135 [7] CEDAW (2001), p.135  [8] CEDAW (2001), p. 135. [9] CEDAW (2001), p.135 [10] CEDAW (2001), p.139 [11] CEDAW (2001), p.135 [12] CEDAW (2001), p.139 [13] CEDAW (2001), p.70 [14] Succession Act, No.27 of 1981 in CEDAW (2001), pp.136-138

Restricted Physical Integrity: 

Rape, including spousal rape, is a criminal offence and is punishable by up to life imprisonment.[15]  According to the US Department of State human rights report for 2010), the court system often hands out much lighter sentences.[16]

The 1999 law on domestic violence has broadened the definition of violence against women to include emotional, psychological and economic violence.[17] Under the Domestic Violence Act, protection orders can be enforced, prohibiting the perpetrator from making any contact with the victim and / or forcing the perpetrator to pay monetary compensation; if these are breached, perpetrators can be fined or imprisoned for up to 5 years.[18] According to the NGO Coalition Against Domestic Violence, police do not effectively enforce the law.[19]

There is no law specifically banning sexual harassment.[20]

The Crime and Problem Analysis Branch of the police service recorded 260 cases of rape from January to 7 December 2010; according to the US Department of State, both local NGOs and the government believe actual levels of rape and other sexual assaults are much higher, but that perceived insensitivity on the part of the police inhibits reporting.[21]

While reliable national statistics on domestic violence incidents are not available, local women’s rights groups estimate that 20-25% of all women in Trinidad and Tobago suffered domestic abuse.[22] Publicly, over 80 percent of respondents to a 2006 World Values Survey declared that it was never justifiable for a man to hit his wife.[23] The 2008 Multiple Indicator Cluster Survey (MICS) offered respondents one of five reasons why a man might be justified in hitting his wife; just 7.6 percent agreed with at least one reason.[24]

There is no evidence to suggest that female genital mutilation is practised in Trinidad and Tobago.[25]

Abortion is legal in cases where they woman’s mental or physical health is in danger.[26]

Women have the right to access contraception and information about family planning and reproductive health in Trinidad and Tobago.[27]  Compared to other countries in Latin America and the Caribbean, the contraceptive prevalence rate in Trinidad and Tobago is low:  42.5 percent of women aged 15-49 currently married or in union interviewed for the 2008 MICS reported using contraceptives regularly as a means to prevent conception. Unlike other Latin American nations, condoms were the most preferred method, as reported by 13 percent of survey takers. Also in contrast to many other Latin American nations, the percent of women who had undergone sterilization is low at 8.4 percent. Correspondingly, 26.7 percent of survey respondents reported an unmet need for family planning services.[28]

[15] US Department of State (2011) [16] US Department of State (2011) [17] Domestic Violence Act, No. 27 of 1999 in CEDAW (2001), p.141. [18] CEDAW (2001), p.141-142 [19] US Department of State (2011) [20] US Department of State (2011) [21] US Department of State (2011) [22] US Department of State (2011) [23] World Values Survey (WVS) (2006), Question V208. [24] MSD et al. (2008), Table CP.5. [25] CEDAW (2001), p.43 [26] UN (2011) [27] CEDAW (2001), p.141 [28] MSD et al. (2008), Tables RH.1 and RH.2.

Son Bias: 

According to data from the 2008 MICS, 66.8% of boys and 64.8% of girls aged under two and a half had received all their basic vaccinations.[29]  Under-five mortality rates were slightly higher for girls (37 per 1000 live births) than for boys (32 per 1000 live births).[30]  Gender-disaggregated data on malnutrition was not available.  Given that in most contexts, rates of under-five mortality are higher for boys than for girls (due to physiological differences between female and male children), this could indicate son preference in regard to early childhood care.

The 2008 MICS found that only 0.7% of children were involved in child labour (defined as at least one hour of economic work or 28 hours of domestic labour per week, for children aged 5-11); as such, the sample was too small to assess.[31] 

According to UNICEF and drawing on data from 2005-2009, at primary school level, enrolment and attendance rates are virtually the same for girls and boys.[32]  At secondary level, net enrolment rates are 76% for girls and 71% for boys; of those enrolled, 90% of girls attend, compared to 84% of boys, and enrolment rates are similarly higher for girls.[33]  This would not indicate son preference in regard to access to education.

The male/female sex ratio for the total population in 2012 is 1.03.[34] 

There is no evidence to suggest that Trinidad and Tobago is a country of concern in relation to missing women.

[29] MSD et al. (2008), Table CH.2 [30] MSD et al. (2008), Table CM.1 [31] MSD et al. (2008), p.53 [32] UNICEF (n.d.) [33] UNICEF (n.d.) [34] Central Intelligence Agency (2012)

Restricted Resources and Entitlements: 

The government of Trinidad and Tobago affirms women’s rights to property ownership, and there are no legal restrictions on their access to land. In 1982, the most recent year for which information is available, women represented one-fifth of all landowners.[35]

Subsequent to the 1972 Law on Matrimonial Proceedings and Property, married women have the same rights as their husbands in regard to access to property other than land. The 1999 Married Persons Act enables wives to sign contracts in their name, without their husbands’ authorisation, and protects their capacity to administer their own property. Contracts that restrict the legal capacity of women contradict this law and are declared null and void.[36]

Women’s rights to obtain access to bank loans are recognised in Trinidad and Tobago, but no information is available to indicate the proportion of women who have successfully borrowed from private banks. Women are often at a disadvantage because they cannot provide the necessary guarantees, and may turn to outfits that provide small-business loans and microfinance programmes.[37]

[35] CEDAW (2001), p. 126. [36] CEDAW (2001), p. 31. [37] CEDAW (2001), p. 124-126.

Restricted Civil Liberties: 

The Constitution upholds the rights of women to freedom of movement, and there are no reported de facto restrictions on these rights.

Freedom of speech, association and assembly are respected in Trinidad and Tobago.  Freedom House reports that there is a robust civil society, and this appears to include groups active on women’s rights issues.[38]

Women and men have the same right to vote and to stand for election in Trinidad and Tobago.[39]  As of November 2009 there were 11 women serving of out 41 elected seats in the House of Representatives, and 13 women out of 31 seats in the Senate, which is appointed.[40] In addition, there are 11 women serving in the 28-member cabinet, as well as 12 out of 37 judges on the High Court and the Court of Appeals.[41] There is strong support for female political leadership within the country. Over 72 percent of those polled in 2006 either disagreed or disagreed strongly with the statement, ‘Men make better political leaders than women do.’[42]

All employed women in Trinidad and Tobago receive 13 weeks of paid maternity leave. They receive full pay for a month, followed by two months of half pay, covered by their employer, plus a sum depending on their earnings, which is paid by the national social security system. Information on other legal protections is not available.[43]

[38] Freedom House (2010); US Department of State (2011) [39] CEDAW (2001), p.65 [40] Inter-Parliamentary Union (IPU) (2010) [41] US Department of State (2010) [42] WVS (2006), Question V61. [43] International Labour Organization (ILO) (2009); CEDAW (2001), p. 42.

Background: 

Independent from Britain since 1962, the Republic of Trinidad and Tobago is one of the wealthiest countries in the Caribbean, due to oil and natural gas reserves.[44]  The two islands that make up the state are ethnically and religiously diverse, including Catholics (26 percent) and Protestant Christian denominations (31.6 percent), Hindus (22.5 percent), and Muslims (5.8 percent) (figures for 2000).[45] About 46 percent of the population is of African origin, and another 38.5 percent is traces their heritage to the Indian subcontinent.[46] Although politically stable, Trinidad and Tobago has seen rising levels of crime in the past two decades, as a result of its location as a major trans-shipment point for cocaine.[47]  Trinidad and Tobago is classed as a high-income country by the World Bank.[48]

Women in the Republic of Trinidad and Tobago generally share the same legal rights as men concerning employment, education, inheritance, and equal pay.[49] The Constitution prohibits all forms of discrimination on the grounds of gender.[50] This ruling concerns the State alone, however, and does not cover non-state or private parties. The article in the Constitution does not apply when it conflicts with existing laws.[51] Violence against women is a serious problem and is linked to strong patriarchal traditions and male dominance in daily life.[52] In addition, there is a significant gender pay gap, particularly in the private sector.[53]

Trinidad and Tobago ratified the Convention on the Elimination of All forms of Violence Against Women in 1990, but has not yet ratified the Optional Protocol.[54]  The country ratified the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (‘Convention of Belém do Pará’) in 1996.[55]

Trinidad and Tobago is ranked in 62nd place in the 2011 Human Development Index (out of 187 countries), with a score of 0.760.[56]  The country’s score in the Gender Inequality Index is 0.331 (53rd out of 146 countries).[57]  Trinidad and Tobago is ranked in 21st place in the 2011 Global Gender Gap Index (out of 135 countries), with a score of 0.7372.[58]

[44] BBC (n.d.); CIA (2011); Freedom House (2010) [45] Central Statistical Office (CSO), (2000), CSO (n.d.),  Table 10: Summary Characteristics of Households in Sample by Ethnic Group of Head of Household [46] Central Statistical Office (CSO), (2000); CSO (n.d.),  Table 10: Summary Characteristics of Households in Sample by Ethnic Group of Head of Household [47] BBC (n.d.) [48] World Bank (n.d.) [49] US Department of State (2010) [50] Article 4 of the Constitution of the Republic of Trinidad and Tobago, 1976/2000 in CEDAW (2001), p.30. [51] Article 13 of the Constitution in Committee on the Elimination of Discrimination against Women (CEDAW) (2001), p. 30. [52] CEDAW (2001), p. 43. [53] US Department of State (2011) [54] UNTC (2011) [55] Inter-American Commission on Human Rights (n.d.) [56] United Nations Development Programme (2011) p.128 [57] United Nations Development Programme (2011) [58] World Economic Forum (2011) p.10

 

Sources: 

BBC (n.d.) ‘Trinidad and Tobago country profile’, BBC News, http://news.bbc.co.uk/2/hi/americas/country_profiles/1209827.stm (accessed 25 November 2011)

Central Intelligence Agency (CIA) (2011) The World Factbook:  Trinidad and Tobago, Washington, D.C.:  CIA, https://www.cia.gov/library/publications/the-world-factbook/geos/td.html (accessed 25 November 2011)

Central Intelligence Agency (2012) The World Factbook: Sex Ratio, available at https://www.cia.gov/library/publications/the-world-factbook/fields/2018.html (accessed 29 February 2012)

Committee on the Elimination of Discrimination against Women (CEDAW) (2001), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Trinidad and Tobago, Combined Initial, Second and Third Periodic Reports of States Parties, CEDAW/C/TTO/1-3, CEDAW, New York, NY.

Central Statistical Office (CSO) (2000), Trinidad and Tobago Housing and Population Census, CSO, Ministry of Planning & Development (accessed 20 April 2010)

CSO (n.d.), Continuous Sample Survey of Population (CSSP), CSO, Ministry of Planning & Development (accessed 30 April 2010)

Freedom House (2010) ‘Freedom in the World country reports:  Trinidad and Tobago’, http://www.freedomhouse.org/template.cfm?page=363&year=2010&country=7935 (accessed 25 November 2011)

Gender Affairs Division, Ministry of Community Development, Culture and Gender Affairs (2009), Implementation of the Beijing Declaration and Platform for Action (1995) and the Outcome of the Twenty-Third Special Session of the General Assembly (2000), MCDCGA: Port-of-Spain, Trindad.

Inter-American Commission on Human Rights (IACHR) (n.d.) Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (‘Convention of Belém do Pará’) – status of ratification, http://www.cidh.oas.org/Basicos/English/Basic14.Conv%20of%20Belem%20Do%20Para%20Ratif.htm (accessed 23 November 2011)

International Labour Organization (ILO) (2009), Database of Conditions and Work Employment Laws, ILO: Geneva, Switzerland (accessed 25 February 2010)

Inter-Parliamentary Union (IPU) (2010), Women in Parliament: All Countries on National Parliaments, IPU: Geneva, http://www.ipu.org/wmn-e/classif.htm.

Ministry of Social Development (MSD), United Nations Children’s Fund (UNICEF), and the Central Statistical Office (CSO), [Trinidad and Tobago]) (2008), Trinidad and Tobago Multiple Indicator Cluster Survey 3 Final Report 2008, MSD, UNICEF, CSO: Port-of-Spain, Trinidad.

Multiple Indicator Cluster Survey Trinidad and Tobago (2006)

United Nations (2011) ‘World Abortion Policies 2011’, UN Department of Economic and Social Affairs, Population Division, New York.  http://www.un.org/esa/population/publications/2011abortion/2011wallchart.pdf

United Nations Children’s Fund (UNICEF) (n.d.) ‘Trinidad and Tobago – statistics’, http://www.unicef.org/infobycountry/trinidad_tobago_statistics.html (accessed 24 November 2011)

United Nations Development Programme (UNDP) (2011) Human Development Report 2011, http://hdr.undp.org/en/data/profiles/ (accessed 15 November 2011)

United Nations Development Programme (2011) Human Development Report 2011, available at http://hdr.undp.org/en/media/HDR_2011_EN_Complete.pdf (accessed 29 February 2012)

United Nations Treaty Collection (UNTC) (2010):  Convention on the Elimination of All forms of Discrimination Against Women, countries ratified. 

-                CEDAW:  http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en (accessed 22 November 2011)

-                Optional Protocol:  http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8-b&chapter=4&lang=en (accessed 22 November)

US Department of State (2010), 2009 Country Reports on Human Rights Practices: Trinidad and Tobago, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.

US Department of State (2010), 2009 Country Reports on Human Rights Practices: Trinidad and Tobago, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC, http://www.state.gov/g/drl/rls/hrrpt/2010/wha/154521.htm (accessed 25 November 2011)

World Bank (n.d.) ‘Data:  Trinidad and Tobago’, Washington, D.C.:  World Bank, http://data.worldbank.org/country/trinidad-and-tobago (accessed 24 November 2011)

World Economic Forum (2010) ‘The Global Gender Gap Index 2010 rankings’, http://www.weforum.org/pdf/gendergap/rankings2010.pdf

World Economic Forum (2011) The Global Gender Gap Report 2011, available at http://www3.weforum.org/docs/WEF_GenderGap_Report_2011.pdf (accessed 2 March 2012)

World Values Survey (WVS) (2006), Selected Country/Sample: Trinidad and Tobago, WVS: available http://worldvaluessurvey.org (accessed 25 February 2010)

 

Data
Discrim. Fam. Code Rank 2012: 
19
Discrim. Fam. Code Value 2012: 
0.1168
Legal Age of Marriage: 
0.5
Early Marriage: 
0.063
Parental Authority: 
0
Inheritance: 
0
Data
Rest. Phys. Integrity Rank 2012: 
41
Rest. Phys. Integrity Value 2012: 
0.2692
Violence Against Women (laws): 
0.5
Female Genital Mutilation: 
0
Reproductive Integrity: 
0.267
Attitudes Towards Domestic Violence: 
0.076
Data
Son Bias Rank 2012: 
44
Son Bias Value 2012: 
0.495385
Missing Women: 
0
Fertility Preferences: 
0.488934
Data
Rest. Resources & Ent. Rank 2012: 
6
Rest. Resources & Ent. Value 2012: 
0
Access To Land: 
0
Access To Property Other Than Land: 
0
Access To Bank Loans And Credit: 
0
Data
Rest. Civil Liberties Rank 2012: 
41
Rest. Civil Liberties Value 2012: 
0.4512
Access To Public Space: 
0
Political Participation: 
0.273973
Political Quotas: 
1