The Constitution of Trinidad and Tobago prohibits all forms of discrimination on the grounds of gender. 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. Violence against women is a serious problem and is linked to strong patriarchal traditions and male dominance in daily life. Gender-related violence is not considered as discrimination, but rather as a violation of women’s rights.
Women in Trinidad and Tobago have a moderate degree of protection within the family context. The minimum legal age for marriage depends on the type of union involved and early marriage still occurs. National law 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 Orissa community, the minimum is 16 years for women and 18 years for men. 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. Young people need their parents’ consent to marry until they reach majority, except in the case of Hindu women over 16 years old (but not yet 18). A 2004 United Nations report estimated that 9 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is not recognised under any of the marriage systems in Trinidad and Tobago. By law, men who wish to take a wife must make a declaration stating that they are not involved in another marriage. Bigamy is punishable by up to four years in prison.
In Trinidad and Tobago, mothers and fathers have equal rights regarding parental authority and child custody. Unless the paternity is registered, the mother has the sole responsibility for children born out of wedlock.
The 1981 law on inheritance does not discriminate on the grounds of gender. However, a discriminatory law dating back to 1934 and relating to benefits for widows and orphans is still in force: women are not entitled to act as “public officers” or benefit from advantages pertaining to inheritance. This situation is problematic for single mothers: their children cannot obtain any benefits upon their mother’s death.
Legislation to protect the physical integrity of women in Trinidad and Tobago has improved in recent years, but problems persist. The 1999 law on domestic violence has broadened the definition of violence against women to include emotional, psychological and economic violence, all of which are common in the country. A proportion of the population still considers it normal for men to beat their wives.
There is no evidence to suggest that female genital mutilation is practised in Trinidad and Tobago. Available data indicate that Trinidad and Tobago may be a country of concern in relation to missing women.
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.
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.
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.
The Constitution upholds the civil liberties of women in Trinidad and Tobago. There are no reported restrictions on women’s rights to freedom of movement or freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (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.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Trinidad and Tobago, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
