Setback for abused women

Ja’s failure to ratify IACHR convention protecting State from negligence claims

BY ALICIA DUNKLEY Observer staff reporter ?dunkleya@jamaicaobserver.com

Tuesday, March 09, 2010

JAMAICA’S refusal to sign on to the Inter-American Court of Human Rights (IACHR) is blocking women who are being abused from getting compensation from the State in cases where police are negligent.

According to attorney-at-law and women’s and children’s rights advocate Margarette Macaulay, who has the distinction of being the first Jamaican woman to sit on the seven-member Court, Jamaica should become a party to the Court.

“For years various governments have promised us that they would ratify the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para). But because Jamaica has not ratified the Inter-American Court, a woman who suffers violence, which is a breach of the Convention, cannot take the case to the Court where, if Jamaica had ratified, she could take the case to the Court,” Macaulay told Observer reporters and editors at yesterday’s weekly Monday Exchange held at the newspaper’s Beechwood Avenue head office in Kingston.

“Normally the first person women interface with when they are abused is the police, and for some reason, even though the police have had umpteen copious training sessions you still have police officers who will not react appropriately and in fact sometimes will turn them away,” she said.

“Now, that is in breach of the convention, and if brought before the Court you could complain and say the State has failed to grant me access to justice because the police officer did not treat with me properly and sent me away and I may be battered again or even killed,” added Macaulay who writes a weekly column on women’s and children’s rights in the Observer’s All Woman magazine on Mondays.

As it now stands, in the case of Jamaica, individuals or organisations acting on behalf of individuals can only take matters to the Commission instead of the Court, which has more farreaching powers.

“Women and girls in Jamaica don’t have that security, whereas other countries that are members, for example in Barbados, their women can go to the Court and get compensation” Macaulay noted.

Macaulay, who has been a formidable voice in the human rights, women’s rights and children’s rights lobby for most of her over 32 years in legal practice, has, in recent times, expressed disgust at the explanation given as to why Jamaica was not a party to the court.

“I was told that because of Jamaica’s position on hanging, which was contrary to the principles of the Court, it had not ratified the Treaty; but Jamaica can chose to reserve on that and still be a member of the Court, as in the case of Barbados,” she said in a 2007 Observer interview conducted just after her election to the Court.

According to statistics from the Jamaica Constabulary Force a total 2,501 cases of domestic violence went before the Courts in 2008.

The Victim Support Unit (VSU) of the National Security Ministry in August 2008, in launching its 10th anniversary celebrations revealed that since 2005 a total of 22,739 cases of domestic violence were seen by officers working from the 13 VSU offices in Jamaica. Of this number, 13,979 victims were females, while 8,760 were males. It said there were 9,625 incidents of domestic violence in 2007.

Under the Domestic Violence Act, an abused person can seek the protection of the Courts against actions by their abusers who have threatened physical or mental harm. Such acts include watching the victim’s home or school, persistently calling the victim, or using abusive language or ill-treatment. In such cases, the Court is obligated to assist the abused person by granting them a protection order, or a restraining order as it is more commonly called.

The penalty for violating a restraining order is 10,000 Jamaican dollars or six months’ imprisonment.

POST A COMMENT

You must first register and then login to be able to post a comment.

HOUSE RULES

1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper – email addresses will not be published.

2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.

3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.

4. Please do not write in block capitals since this makes your comment hard to read.

5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.

6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.

7. Lastly, read our Terms and Conditions and Privacy Policy, and before commenting you need to register, conveniently, by clicking the link above.

COMMENTS (1)

Elli Deedo
3/9/2010

We need the intervention of other external bodies to pressure this Failed Jamaican system to sign on to this very important Court..Their failure is a indication of how much they are prepared to protect and respect the rights of women.
I should assume this issue was raised during Mrs Simpson miller's tenure in office as prime Minister. One should think as a Female leader, she would have placed emphasis in making this legeslative reform possible.
As a Man I should think Women in Jamaica will never be liberated from the present dis-advantageous situation. The system doe's not..and will not permit such. It's a mail dominated society..I think this is so wrong..It's only those who are educated, and have a bit of Money will go through.
This is a over-view of the primitive stage of our Society. We need modern and educated leaders.

Did you watch American football's Super Bowl on Sunday?
	Yes, but just for the advertisements
	Yes, just for the game itself
	Yes, for both the game and advertisements
	No, I did not watch the Super Bowl.

View Results
Results published weekly in Sunday Finance

Username:
Password:

Whitney Houston is dead

Setback for abused women