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Stabroek News

Gender experts hail Maintenance Act amendments
published: Wednesday | September 28, 2005

Dionne Rose, Staff Reporter


( left - right ) SIMMS AND WEBSTER

GENDER AFFAIRS specialists are supporting the proposed amendments to the Maintenance Act, which will give men the right to seek maintenance from their wives or common-law spouses under certain circumstances.

Attorney-General A.J. Nicholson, who piloted the bill in the Senate last week Friday, said it was recognition of the equality of the sexes.

Gender affairs specialist, Dr. Glenda Simms, has commended the legislators for introducing these major changes to the Maintenance Act.

"Women have to realise that equality means equality for men as well as for women. You can't have one-sided equality; therefore, it is a very good bill. We want equality and justice," she said. "We do not want a lopsided justice, we want equality and that is what we have fought for and when it comes to the point that men must get equal treatment, we are all for that," she added.

Faith Webster, acting executive director of the Bureau of Women's Affairs, said that the bill was "all in keeping to bring gender equity".

"In the past it was the women who needed to be maintained but where there are instances where men need maintenance, then they should get it," she said.

Under the proposed legislation, the new bill provides for 'single' persons living in common law situations and those who have cohabited as man and wife for not less than five years.

Clause Five of the bill sets out the matters the court should consider when making a determination for the amount and duration of support to be given to a spouse under a maintenance order.

Clause Six states that cohabiting parties have an obligation to maintain the other spouse after the termination of the cohabitation, again subject to the capacity of the spouse to be able to meet the reasonable needs of the other spouse.

MANDATORY CLAUSES

The bill also makes it mandatory for parents to maintain their children and for adults to maintain their parents and grandparents.

"The sad thing about it is that the state should not have to tell them to do that. The state should not have to legislate your responsibility," said Dr. Simms.

"When we reach a stage where the state has to tell us to look after our children (parents and grandparents) then we are in trouble!" she added.

In agreement, Mrs. Webster said that all Jamaica should shoulder the responsibility of taking care of their parents and grandparents, as often this responsibility falls on the state.

Debate on the bill will continue in the Senate on Friday.

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