National Policy for Gender Equality - Jamaica Information Service

LEGISLATIVE AND POLICY FRAMEWORKSince then, recent amendments were made to the Domestic Violence Act, which now providesredress and protection to women affected by domestic violence. The Property Rights of SpousesAct, 2004 introduced new statutory rules to provide for the equitable division of assets betweenspouses upon marriage or common-law relationship breakdown. This Act, although genderneutral in its provisions should be beneficial to women in its practical application, as thedeficiencies under the old law have been removed which formerly placed women at adisadvantage in proving entitlement to property. The Maintenance Act, 2005 replaces the old Actand makes comprehensive provisions for maintenance within the family. It confers equal rightsand obligations on spouses with respect to the support of each other and their children.Accordingly “spouse” is similarly defined to include a de facto spouse. The Sexual Offences Bill,was passed by Parliament in September 2009 which covered amendments to the IncestPunishment Act and the Offences against the Person Act. The Sexual Offences Act when fullyadopted will also establish the offence of marital rape, make new provisions for the prosecution ofrape and other sexual offences and remove age limitations on incest.The Child Pornography Prevention Bill to criminalize the production,possession and distribution of child pornography was passed in July2009. This legislation made it a criminal act to view ordownload child pornography from the Internet and is expected toreduce the incidence of child abuse and sexual violence againstchildren. The Bureau, in making its written submission to the reformprocess to enact legislation on this issue highlighted the need tointegrate a gender perspective to allow for an analysis of thedifferential impact on girls as well as boys.Finally, parliament unanimouslypassed the Jamaican Charter ofFundamental Rights and Freedoms inMarch 2011 which bars discriminationon the basis of being a male orfemale.However, it must be noted that legislative reform by itself will notachieve gender equality especially where gendered roles (andinterpretation of law) tend to be rooted in and built on custom,tradition, religion, and deeply held ideology and beliefs aboutwhat constitutes “proper” social ordering.15