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http://arks.princeton.edu/ark:/88435/dsp01z890rx50x| Title: | A legal analysis of the economic, social and cultural rights landscape in Jamaica |
| Contributors: | Harper, Christopher |
| Keywords: | Minorities—Civil rights—Jamaica Human rights—Law and legislation—Jamaica Social rights—Law and legislation—Jamaica |
| Issue Date: | 2021 |
| Publisher: | Equality for All Foundation Jamaica Ltd. |
| Place of Publication: | Kingston, Jamaica |
| Description: | In January 1961, eighteen months before Jamaica gained independence, its government announced the introduction of a human rights policy that gave priority to, among other things, non-discrimination in employment and the rights to education and cultural development. This early acknowledgement of the importance of economic, social, and cultural rights (ESCR) never made it to the text of Jamaica’s independence Constitution of 1962, which modelled the European Convention on Human Rights. Preeminent constitutional law expert, Dr. Lloyd Barnett, concluded that ‘while the [1962] Constitution provide[d] for the protection and enforcement of the traditional rights and liberties enjoyed under the common law, it le[ft] basically cultural and socio-economic matters to be dealt with by the political branches of the Government.’ Jamaica’s ambivalence about ESCR has persisted. By 1975, Jamaica had ratified both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). However, having ratified the American Convention on Human Rights in 1978, Jamaica has not signed nor ratified the Additional Protocol To The American Convention On Human Rights In The Area Of Economic, Social, And Cultural Rights, ‘Protocol Of San Salvador’, which came into effect in 1999. This Report fills an important gap in the literature on human rights protection in Jamaica and Anglophone Caribbean, more generally, first by offering a foundation in these rights. It clarifies the history of the rights and the scope and meaning of specific ESCR. In the context of the ICESCR, Harper examines the prohibition of non-discrimination; equality of men and women; the right to work; the right to social security; protection of the family; the right to an adequate standard of living; the right to health and the right to education. Indeed, the right to education may be the most universally recognised ESCR around the world. |
| URI: | http://arks.princeton.edu/ark:/88435/dsp01z890rx50x |
| Related resource: | https://www.equalityjamaica.org/wp-content/uploads/2021/08/Legal-Analysis-Report-ESCR-Landscape-in-Jamaica.pdf |
| Appears in Collections: | Monographic reports and papers (Publicly Accessible) |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| Legal-Analysis-Report-ESCR-Landscape-in-Jamaica.pdf | 1.44 MB | Adobe PDF | View/Download |
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