In recent years, the question of human rights violations within the context of development in Jamaica has become an issue of much scholarly debate. For in fact, if it does indeed hold true that development is a ‘many-sided process’, then sustainable development ceases to only translate within the confines of economic growth; it now extends to one’s ability to enjoy greater social freedoms inclusive of the level of respect towards human rights.
By using the revised charter of The Fundamental Rights and Freedoms Act of 2011 enshrined within the Jamaican Constitution as a guide, this paper seeks to examine this issue of human rights violations in this country. With the use of empirical evidence gathered from a multiplicity of different scholarly sources and reports, one hopes to clearly outline these major violations in accordance with their social, economic and political causal factors.
Table of Contents
Introduction
CHAPTER I
Human rights violations: A culture of disregard on the part of the Police Force?
1.1 The Plague of the Police force and the right to life
1.2 The Jamaican Constabulary Force Act
1.3 Violations of the right of the child, the right to due process of law and the right to protection from torture and inhuman treatment
CHAPTER II
Economic Implications and the role of External Affairs
1.1 Economic Issues
1.2 The effect of foreign influences
CHAPTER III
The Influence of Social and Cultural norms in the violation of human rights in Jamaica
1.1 Culture on the rights of women
1.2 The issue of cultural based discrimination
CHAPTER IV
Constitutional insufficiencies as enablers of human rights violations
1.1 The role of constitutional savings clauses in human rights violations
Conclusion
Research Objectives and Themes
This paper examines the prevalence of human rights violations in Jamaica, exploring the intersection of constitutional weaknesses, state-sanctioned policing practices, economic instability, and entrenched socio-cultural norms as primary drivers of these systemic failures.
- The role of the Jamaican Constabulary Force in human rights abuses.
- Impact of the Jamaican Constitution and legal savings clauses on fundamental rights.
- Economic pressures and the influence of international lending institutions.
- Socio-cultural attitudes toward gender and systemic discrimination.
- Challenges to the rights of children within the detention and justice systems.
Excerpt from the Book
1.1 The Plague of the Police force and the right to life
One of the most fundamental human rights enshrined within the Jamaican constitution is the right to life under article 13 (3). However, over the years, this right guaranteed to the Jamaican People has grown to know gross disregard due in large part to the actions of the police force. In fact, the high level of unjustified killings by them over the years suggests that in some matters, these agents of the state are prepared to disregard the right to life- an issue that has become ongoing in the country (Vasciannie, 2008).
According to INDECOM statistics (Jamaica's Independent Commission of investigations), in the last 15 years Jamaica has been averaging 200 security force-related fatalities annually. In their January 2014 annual report, they stated that 258 civilians lost their lives in security force involved incidents in 2013(I. This is 39 more civilians (17.8%) when compared with the 219 who died the previous year. In a series of cases investigated by Amnesty International, official police accounts claimed that fatalities occurred as a result of victim-initiated "shoot-outs" but the pattern of killing, including attempted cover-ups, suggests that they were unlawful and deliberate killings. All the victims were described by police as either criminals or wanted criminal suspects.
Chapter Summary
Introduction: Outlines the constitutional framework of Jamaica and the evolution of human rights protections, setting the stage for the analysis of systemic violations.
CHAPTER I: Investigates the culture of disregard within the police force, focusing on unjustified killings, the Constabulary Force Act, and abuses against children.
CHAPTER II: Discusses how national debt and international economic policies constrain resources, impacting the judicial and prison systems.
CHAPTER III: Explores how socio-cultural norms contribute to gender-based discrimination and violence against women.
CHAPTER IV: Analyzes how constitutional "savings clauses" serve as legal barriers that enable the continuation of archaic practices like corporal punishment.
Keywords
Jamaica, Human Rights, Sustainable Development, Police Brutality, Constitutional Law, Gender Discrimination, Economic Policy, Third World, Due Process, Child Protection, INDECOM, Tivoli Gardens, IMF, Social Norms, State of Emergency
Frequently Asked Questions
What is the primary subject of this publication?
The work provides a critical analysis of constitutional human rights violations in Jamaica, examining the social, economic, and political causes behind these systemic issues.
What are the central themes addressed in the text?
The core themes include police conduct, the role of international financial institutions, gender inequality, and the legal limitations inherent in the Jamaican Constitution.
What is the central research question?
The primary inquiry is: What are the root causes of the repeated human rights violations observed in Jamaica, and how do they impact the country's development goals?
Which scientific methodology is employed?
The author utilizes an empirical approach, synthesizing data from government reports, international human rights organizations, and scholarly sources to document and explain systemic violations.
What does the main body of the work cover?
The main body systematically evaluates the police force's role, economic constraints (such as IMF policies), socio-cultural norms, and constitutional insufficiencies.
Which keywords define the scope of the study?
Relevant keywords include Jamaica, Human Rights, Police Brutality, Constitutional Law, Gender Discrimination, and Sustainable Development.
How do "constitutional savings clauses" affect human rights in Jamaica?
The text argues that these clauses limit the repeal of older statutes, thereby legally preserving archaic forms of punishment that contradict modern human rights protections.
What relationship does the author draw between the IMF/World Bank and human rights?
The author argues that structural adjustment policies often force developing nations to reduce spending on essential services like health and justice, which directly impedes the state's ability to protect human rights.
What evidence is provided regarding the police force's conduct?
The text cites INDECOM statistics and Amnesty International reports regarding high numbers of security force-related fatalities and incidents of intimidation, suggesting a pattern of deliberate, unlawful killings.
How does the situation of children in detention reflect broader human rights issues?
The author highlights the illegal detention of minors in police lock-ups and poor facility conditions as a failure of the state to uphold its own Child Care and Protection Act.
- Arbeit zitieren
- Kavoy Ashley (Autor:in), 2014, Development and Politics in the Third World. The Causes of the Major Constitutional Human Rights Violations in Jamaica, München, GRIN Verlag, https://www.grin.com/document/285636
