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
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