Section 13 of the Constitution adopted in 1962, and amended in 2011, includes the following provisions on violence against women: 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.
(3) The rights and freedoms referred to in subsection (2) are as follows
(a) the right to life, liberty and security of the person …
(o) the right to protection from torture, or inhuman or degrading punishment or other treatment as provided in subsections (6) and (7);
(6) No person shall be subjected to torture or inhuman or degrading punishment or other treatment.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (6) to the extent that the law in question authorizes the infliction of any description of punishment which was lawful in Jamaica immediately before the commencement of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011.
Source of Information
Constitution of Jamaica 1962 (amended in 2011), UN Women Constitutional Database.
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