In 1984, the Jamaican Government became a signatory to the international Convention on Elimination of Discrimination Against Women (CEDAW). By ratifying this convention, the Government has an international obligation to put legislations in place to eliminate all forms of violence against women.

Below we explore some of the responsibilities of the Government under this convention.

Under the CEDAW Convention, the Government is responsible for putting policies and legislation in place to end discrimination against women and to take affirmative action to ensure that women do not face discrimination in public or private sectors and civil society. The Convention states that the Government is responsible for establishing legal protection of the rights of women on an equal basis with men and for ensuring the effective protection of women through competent national tribunals and other public institutions.

Their responsibilities include the abolishing and modifying of existing laws, regulations, customs and practises which discriminate against women and to repeal all national penal provisions which constitute discrimination against women.

Comprehensive review

Some legislation contains discrimination against women, therefore, the Bureau of Women's Affairs, has completed a comprehensive review of several pieces of legislation, to bring them in line with international conventions and treaties, and address the gaps in proposed legislations that result in discrimination against women.

Policies such as the National Gender Policy and the Sexual Harassment Policy, are being developed to address various types of discrimination against women and girls including: sexual exploitation, sexual harassment and other aspects of gender-based violence. New legislation such as the Property (Rights of Spouses) Act and the Maintenance Act 2005, have been introduced to increase the benefits and remedies available to women in marital and common-law relationships in the event of a breakdown of the relationship or marriage.

The Domestic Violence (Amendment) Act 2004, makes special provisions for women involved in residential and non-residential relationships and allows for a third party to make a claim on behalf of the abused. The process is in train to combine the Offences Against the Persons Act and the Incest (Punishment) Act into a new Sexual Offences Bill. This will introduce and widen the coverage of civil and criminal remedies, as well as increase the protection afforded to women.

Recommendations have also been made for the amendment of the Law of Evidence to make spouses compellable witnesses in domestic violence proceedings. Under the Act, a man and woman who share a non-residential relationship (visiting relationship) may now benefit from the new provisions under the Act. In addition, it recognises the social reality of the number of women who are in "visiting relationships" and are exposed to the risk of violence by men who are their partners and/or the fathers of their children.

For more information contact the Bureau of Women's Affairs, 4 Ellesmere Road, Kingston 10.