Piloting protection for women, children and the vulnerable

A Bill piloted by Justice Minister Delroy Chuck to amend the Maintenance Act of 2005, mandating parents to financially support their children until age 23 in circumstances where these children are pursuing courses of study, is the latest commendable effort by Government to protect the rights of the vulnerable.

The amended Bill moves the maximum age in maintenance orders from 18 to 23; prior, an application had to be made to the court for the extension of an existing maintenance order, in circumstances where the child was, or would be engaged in further studies. The Act also restricted the court from granting new maintenance orders for children who were over 18, and meant that parents who were paying support would discontinue at age 18, regardless of whether their children were still in school.

The Bill will now go to the Senate for approval before it becomes law.

It’s a move that should be celebrated, like the others that have been brought for amendment in recent times, that show Government’s commitment to Jamaica making credible gains in the area of gender equality, non-discrimination under the law, and access to justice. The amendments were specifically written to protect women, children, and the vulnerable.

Legislation, including the Sexual Offences Act, 2009; the Offences against the Person Act, 1865 (amended 2014); the Domestic Violence Act, 1996; and the Child Care and Protection Act, 2004 have been and are being reviewed.

Recent changes have included:

The Domestic Violence (Amendment) Act, 2023

The Act, to provide greater protection to victims of domestic violence, came into effect on January 22 this year.

The amendments allow the court to increase the penalty for breach of protection orders, which are intended to guard against an array of potential harm, from harassment to property damage. The new law also increases the categories of people who can make applications for protection orders.

The Sexual Harassment (Protection and Prevention) Act, 2021

This law took effect July 3, 2023, and is an important piece of legislation in ushering in concrete measures to protect the vulnerable and promote cultural change to end sexual harassment.

The legislation addresses concerns about sexual harassment that are employment-related, occurring in institutions, or arising in the landlord and tenant relationship.

Along with the legal changes, the Government has also committed to other policies to support survivors, including a gender-based violence helpline, domestic violence shelters, intervention centres at police stations, and special training for members of the police force and other service providers.

Jamaica is way ahead of its Caribbean counterparts in passing legislation on women’s rights in particular, yet concerns have been raised that fear, ignorance of the law, and embarrassment, have prevented them from seeking help. But women are encouraged to take advantage of the laws that are in place to protect them.

Here are some:

Removal of conditions for divorce

The Matrimonial Causes Act makes it easier for women to obtain divorces. This Act did away with the marital offences which were grounds for divorce under the previous Divorce Act. Now, either spouse can petition the court for a decree nisi (order for divorce) and later a decree absolute (final order of divorce) on the ground that the marriage has broken down irretrievably.

An obligation to maintain a spouse

The Maintenance Act protects not only legally married persons, but also persons in common-law unions when it comes to a spouse’s obligation to maintain them. This obligation, during marriage or cohabitation, provides that each spouse, as far as he or she is capable, must maintain the other spouse when such maintenance is necessary to meet their reasonable needs when they cannot provide for themselves.

Pre-maintenance arrangements

Spouses and those contemplating marriage can enter into maintenance agreements which must meet the requirements specified in the Maintenance Act. Any move taken by either party to defeat the other’s right to be maintained will make the agreement void and the court can, if appropriate, set aside such arrangements.

Grandparents’ obligation to maintain grandkids

Under the law, grandparents have the legal obligation to maintain their minor or dependent adult grandchildren if their children (the parents of the grandchildren) fail to maintain them because they are incapable of doing so, or due to physical infirmity or mental incapacity.

These obligations are embodied in the Maintenance Act.

Also, under the Maintenance Act, it is the duty of every adult child to maintain his or her parents whenever they are unable to maintain themselves.

These parents, in such circumstances, have the right to apply to the court for maintenance orders.

Removal orders

Under the provision of the Property Rights of Spouses Act, depending on the circumstances given, a judge has the authority to put a husband outside of his house or rule for him to seek other accommodation, leaving the wife in the matrimonial home even if her name does not appear on the title. In fact, the 50-50 ownership rule in regards to a family home also applies in instances when one partner’s name is not on the title.