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Summary: General overview of Jamaica's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Constitution: the Charter of Fundamental RIghts and Freedoms, which replaced the former Chapter III of the Jamaican Constitution, contains two provisions of particular relevance to children: In making provision for pension rights, Chapter IX of the Constitution also makes specific reference to children, though not necessarily in the sense of persons under 18: Legislation: There is no comprehensive or consolidated Children's Act in Jamaican law, though the Child Care and Protection Act covers a substantial portion of the legislation relevant to children. Legislation and regulations of particular relevance to children include, but are by no means limited to: Legal Research Case Law Case Law Research Compliance with the CRC In depth analysis Noting the prevalence and pervasiveness of violence in Jamaica, the Committee also urged the State to reform its laws in order to establish a comprehensive prohibition on violence and ill-treatment of children and to ensure that effective measures are taken to end the practice of impunity with regards to such crimes. In a related matter, the Committee noted the ongoing practice of corporal punishment in Jamaica, and urged the State to legislate to prohibit such punishment, particularly in schools. With regards to juvenile justice, the Committee raised a number of specific concerns, particularly regarding the poor conditions in “lock-ups” used for the pre-trial detention of children, the low age of criminal responsibility (12 years), and the absence of an effective mechanism to monitor and evaluate the situation of children in conflict with the law. The Committee recommended that the State address these recommendations though legislation and policy reform so as to bring them into greater conformity with the provisions of the Convention, and also urged the State to amend its legislation to ensure that children are not sentenced to life imprisonment. Current legal reform projects
The CRC has not been directly incorporated into Jamaican law, and as such does not create enforceable rights in national courts. Nonetheless, the CRC could in theory be cited in national courts for interpretive guidance, as regional courts that hold jurisdiction over Jamaica have done.
The Ministry of Justice maintains a database of amended national laws in English (http://moj.gov.jm/?q=laws&title=&field_tags_tid=All&order=title&sort=asc), and the official website of the Jamaican Parliament (http://www.japarliament.gov.jm/#) publishes bills that are currently under consideration. The World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwejam.htm) and the International Labour Organisation's NATLEX database (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=JAM) also provide access to a selection of legislation in English, and the website of Georgetown University provides the Constitution in English and Spanish (http://pdba.georgetown.edu/constitutions/jamaica/jamaica.html). In addition, the GlobaLex project at New York University has published a guide to legal research in the Caribbean (http://www.nyulawglobal.org/Globalex/Caribbean1.htm) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/jamaica.php) and the World Legal Information Institute (http://www.worldlii.org/catalog/2730.html) both provide a selection of links to useful legal and governmental resources.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The Jamaican Court of Appeal publishes its case law on its official website (http://courtofappeal.gov.jm/). The Caribbean Court of Justice publishes its judgements online (http://www.caribbeancourtofjustice.org/old/judgments.html), as does the Eastern Caribbean Supreme Court (http://www.eccourts.org/judgments.html). Decisions of the Privy Council are available both on the website of the latter (http://www.eccourts.org/judgments.html#privy_council) and through the website of the British and Irish Legal Information Institute (http://www.bailii.org/uk/cases/UKPC/).
In its 2003 Concluding Observations, the Committee on the Rights of the Child expressed concern at the slow pace of legislative reform with respect to the Convention on the Rights of the Child. In particular, the Committee expressed disappointment that the inclusion of children's rights provisions in the Constitution and the enactment of a Child Care and Protection Act (CCPA) had not taken place despite eight years having passed since the State reported to the Committee that such changes were under way. The Committee also expressed concern that despite the delay, the proposed Child Care and Protection Act did not fully take into account the principles and provisions of the Convention. The CCPA has since been enacted, though the Constitutional reforms have not taken place.
The absence of legislation and regulations relevant to a number of children's rights issues was a prominent feature of the Committee on the Rights of the Child's 2003 Concluding Observations. Of particular concern was the lack of legislation on sexual exploitation and trafficking, and in relation to children living on the streets. The State has since legislated regarding the trafficking of persons and sexual offences, though the Committee has yet to review the legislation to establish its conformity with the CRC.
The State expressed its intention to take legislative measures to prohibit corporal punishment in schools in 2011.