Article 13. Fundamental Rights and Freedoms
a.the state has an obligation to promote universal respect for, and observance of, human rights and freedoms;
b.all persons in Jamaica are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue of their inherent dignity as persons and as citizens of a free and democratic society; and
c.all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter,
the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others.
3.The rights and freedoms referred to in subsection (2) are as follows-
a.the right to life, liberty and security of the person and the right not to be deprived thereof except in the execution of the sentence of a court in respect of a criminal offence of which the person has been convicted;
o.the right to, protection from torture, or inhuman or degrading punishment or other treatment as provided in subsections (6) and (7);
p.the right to freedom of the person as provided in section 14;
6.No person shall be subjected to torture or inhuman or degrading punishment or other treatment.
Article 14. Protection of freedom of the person
1.No person shall be deprived of his liberty except on reasonable grounds and in accordance with fair procedures established by law in the following circumstances-
Article 18. Status of marriage
1.Nothing contained in or done under any law in so far as it restricts-
b.any other relationship in respect of which any rights and obligations similar to those pertaining to marriage are conferred upon persons as if they were husband and wife,
to one man and one woman shall be regarded as being inconsistent with or in contravention of the provisions of this Chapter.
2.No form of marriage or other relationship referred to in subsection (1), other than the voluntary union of one man and one woman may be contracted or legally recognized in Jamaica.Jamaica Constitution
69. Child stealing
Whosoever shall unlawfully, either by force or fraud, lead or take away, or decoy or entice away, or detain any child under, the age of fourteen years, with intent to deprive any parent, guardian, or other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child to whomsoever such article may belong; and whosoever shall, with any such intent, receive or harbour any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained as in this section before-mentioned, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for a tern not exceeding seven years, with or without hard labour:
Provided, that no person who shall have claimed any right to the possession of such child, or shall be the mother, or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child out of the possession of any person having the lawful charge thereof.
1) Whosoever shall kidnap a person with intent-
(a) to hold him against his will for ransom, whether by way of money or valuables or any promise to do or refrain from doing anything or any other consideration; or
(b) to cause him to be unlawfully sent or transported out of
Jamaica against his will; or
(c) to hold him for service against his will,
shall be guilty of a felony and, being convicted thereof, shall be liable to imprisonment for life with or without hard labour.
(2) Whosoever conspires to commit an offence against subsection (1) or solicits, encourages, persuades or endeavours to persuade any person to commit such an offence shall be guilty of a 'misdemeanour and, being convicted thereof, shall be liable to be imprisoned for a term not exceeding ten years with or without hard labour.
(3) In proceedings under this section where the person in relation to whom the offence is alleged to have been committed is a child under the age of fourteen years any action shall be deemed to be against his will if it is against the hill of his parent or guardian, or other person having the lawful care or charge of such child.
(4) For the purposes of this section a person "kidnaps" when he unlawfully, either by force or fraud, leads or takes away, decoys or entices away, or detains or secretes any other person, so, however, that the fact that a person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by fraud or by threats, duress, force or exhibition of force.
Article 2. Interpretation
1) In this Act, unless the context otherwise requires-
2) “debt bondage” means the status or condition of a debtor arising from a pledge or the use by the debtor of his personal services or those of a person under his control as security for or payment of a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are nor respectively limited or defined;
(a) the exploitation of the prostitution of a person;
(b) compelling or causing a person to provide forced labour;
(c) keeping a person in a state of slavery or servitude;
(d) engaging in any form of sexual exploitation;
(e) illicit removal of organs;
(f) keeping a person in debt bondage;
"exploitation of the prostitution of a person" means the deriving by one person of monetary or other benefit through the provision of sexual services for money or other benefit by another person;
"forced labour" means any work or services exacted from a person by threat of penalty and for which the said person did not offer himself to provide such work or services voluntarily;
"servitude" means a relationship of dependency in which
the labour or service of a person is provided or obtained
by threats of ham or death to that person or
another person, or through any scheme, plan, or pattern
intended to cause the person to believe that if he
does not perform such labour or service he or another
person will suffer ham or be killed;
''sexual exploitation" means compelling the participation of a person in-
(b) the production of child pornography or other pornographic material;
(c) any other sexual activity,
as a result of being subjected to threat, coercion, abduction, the effects of narcotic drugs, force, abuse of authority or fraud;
"slavery" means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised by another, and includes practices similar to slavery, such as bondage and serfdom;
Article 4. Trafficking in persons
4,-(1) A person commits the offence of trafficking in persons. persons where, for the purpose of exploitation he-
(a) recruits, transports, transfers, harbours or receives another person within Jamaica;
(b) recruits, transports or transfers another person from Jamaica to another country; or
(c) recruits, transports, transfers, or receives another person from another country into Jamaica, by any of the specified means in subsection (2).
(2) The means referred to in subsection (1) are-
(a) threat or use of force or other form of coercion;
(c) deception or fraud;
(d) the abuse of-
(i) power; or
(ii) a position of vulnerability;
(e) the giving or receiving of a benefit in order to obtain the consent of a person who has control over another person.
(3) Notwithstanding the absence of the use of any of the means specified in paragraphs (a) to (e) of subsection (2), a person who recruits, transports, transfers, harbours or receives a child for the purposc of ccploitation of [hat child commits the offence of trafficking in persons.
(4) It shall not be a defence for a person who commits the offence of trafficking in persons that the offence was committed with the victim's consent.
(5) A person who facilitates the offence of trafficking in persons commits an offence.
(6) A person who commits the offence of trafficking in persons or who facilitates that offence is liable on conviction on indictment before a Circuit Court to a fine or to imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.
(7) A person who, for the purpose of committing or facilitating an offence under subsection (I) conceals, removes, withholds or destroys any-
(a) travel document that belongs to another person; or
(b) document that establishes or purports to establish another person's identity or immigration status,
is liable on conviction on indictment before a Circuit Court to a fine or to imprisonment for a term not exceeding ten years or to both such fine and imprisonment.
(8) Every person who receives a financial or other benefit knowing that it results from the offence of trafficking in persons commits an offence and is liable on conviction on indictment before a Circuit Court to a fine or to imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.
(8A) A person commits an offence where that person conspires with any other person to commit an offence of trafficking in persons and shall be liable on conviction on indictment before a Circuit Court to a fine or to imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.
(9) For the purposes of this section, an offence under subsection (1) is facilitated-
(a) where the facilitator knows that such an offence is intended to be facilitated;
(b) whether or not the facilitator knows the specific nature of the offence that is intended to be facilitated; and
(c) whether or not the offence was actually committedJamaica Trafficking in Persons Law .Jamaica Trafficking in Persons Amendment
33. No person shall employ a child under the age of on employ- thirteen years in the performance of any work.
34. - (1) No person shall employ a child who has attained the age of thirteen years, but who has not attained the age of fifteen years, in the performance child of any work other than in an occupation included on the list of prescribed occupations referred to in subsection (2).
41. - (1) Every person who - (a) causes or procures any child; or (b) having the custody, charge or care of a child, allows the child, to be in any street, premises or place for the purpose of begging or receiving alms, or of inducing the giving of alms commits an offence against this Act. (2) If any person while singing, playing, performing or offering anything for sale in a street or public place has with him a child who has been lent or hired out to him, the child shall, for the purposes of this section, be deemed to be in that street or place for the purpose of inducing the giving of alms. (3) Where an offence under this section is committed by a person mentioned in subsection (1)(b) - (a) in the parish of Kingston or the parish of St. Andrew, such offence shall be triable by the Family Court - Corporate Area Region; and (b) in a parish within the geographical jurisdiction of a Family Court established pursuant to Part II of the Judicature (Family Court) Act, such offence shall be triable by that Family Court.
Article 5. Penalty for not paying wages in accordance with minimum rate fixed under the provisions of section 3
(1) Where any minimum wage has been fixed by the Minister under this Act an employer shall in cases to which the minimum wage is applicable pay wages to the person employed at not less than the minimum wage and if he fails so to do shall be liable on summary conviction before a Resident Magistrate in respect of each offence to a penalty not exceeding one hundred dollars, and to an additional penalty not exceeding twenty dollars for each day on which the offence is continued after conviction therefor.
(2) On the conviction of an employer under the provisions of subsection (1) the court may by the conviction adjudge the employer convicted to pay in addition to any penalty such sum as appears to the court to be due to the person employed on account of wages, calculated on the basis of the minimum wage:
Provided that the power to order the payment of wages under this subsection shall not be in derogation of any right of the person employed to recover wages by any other proceedings.
24. Persons who have reached the age of eighteen years of age and widowers or widows may marry without the consent of others.
Where a person under eighteen years of age not being a widower or widow intends to marry, the father, or if the father is dead the lawful guardian or guardians, or if there is no such guardian the mother, if unmarried, of such person shall have authority to consent to the marriage of such person, and such consent is hereby required unless there is no person authorized to give it resident in this Island.
If the parent or guardian whose consent is necessary is non compos mentis, or unreasonably withholds consent to the marriage of any person, either party to the intended marriage may refer the matter to a Judge of the Supreme Court who shall decide upon the same in a summary way, and if the proposed marriage appears upon examination to be proper, the Judge shall certify the same, and his certificate shall be as good and effectual as if the necessary consent had been given.
Where either of the parties to a marriage is under eighteen years of age, not being a widower or widow, and is married under this Act without the consent of the person having Where either of the parties to a marriage is under eighteen authority to consent, it shall be lawful for the Supreme Court, on an information by the Attorney-General, to declare a forfeiture of all interest in any property acquired by such marriage by the other party thereto, and to secure the same for the benefit of the party so under eighteen years of age, and of the issue of the marriage.Jamaica Marriage Act
From 1833 an Act abolishing slavery and making slavery unlawful was passed in Jamaica. The Act stated that from 1 August 1834, all slave sin Jamaica should be freed. Since that time it has not been necessary to legislate against slavery, but section 13 of the Jamaica Constitution Order in Council, 1962, provides:
“Whereas every person in Jamaica is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right… to each and all of the following:
(a) Life, liberty, security of the person…
Slavery was abolished in Jamaica on 1 august 1834 by the Slavery Abolition Act 1832.