A/HRC/16/52/Add.3 doctor; and Julia Kozma and Tiphanie Crittin of the Ludwig Boltzmann Institute of Human Rights. 7. While still in the country, the Special Rapporteur shared his preliminary findings with the Government, which responded with constructive comments. On 15 June 2010, a preliminary version of the present report was sent to the Government. The Government provided comments on 27 July 2010, which have been included in the report. II. Legal framework A. International level 8. Jamaica is party to most major United Nations human rights treaties, including the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention on the Elimination of All Forms of Discrimination against Women; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Rights of the Child; the Convention on the Rights of Persons with Disabilities; and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Jamaica is not yet party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or to the Optional Protocol thereto. 9. Jamaica had ratified the first Optional Protocol to the International Covenant on Civil and Political Rights, recognizing the competence of the Human Rights Committee to receive and consider individual complaints. However, on 23 October 1997, the Government of Jamaica notified the Secretary-General of its denunciation of the Protocol. 10. Jamaica is also party to the Geneva Conventions of 1949 and the Additional Protocols to the Conventions of 1977, but not to the Rome Statute of the International Criminal Court. B. Regional level 11. With regard to relevant regional human rights treaties in the context of the Organization of American States, Jamaica is party to the American Convention on Human Rights, but does not recognize the competence of the Inter-American Court of Human Rights. Jamaica has also ratified the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará). However, Jamaica is not party to the Inter-American Convention to Prevent and Punish Torture. C. 1. National level Constitutional and legislative provisions criminalizing torture 12. The Jamaican Constitution (Order in Council 1962), in its chapter III, governs fundamental rights and freedoms. These include the protection of the right to life; protection from arbitrary arrest or detention; freedom of movement; protection from inhuman treatment; freedoms of conscience, expression, assembly and association; and protection from discrimination. Article 17(1) of the Constitution prohibits the use of torture or inhuman or degrading punishment or other treatment. However, article 17(2) provides that punishment prescribed by other laws shall not be held to be inconsistent with the 5

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