The Impact of Jamaica's Constitution on the Rights of Gays Living in Jamaica

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The Impact of Jamaica’s Constitution on the Rights of Gays Living in Jamaica Monica Foster (ID # - 0011446) University of Technology, Jamaica Author Note This Paper was prepared for the course, Information Technology, taught by Ms. Keisha Gaye Anderson. Abstract The November 2, 2012 article from The Weekend Star, reported an incident of assault by security forces on a University of Technology male student, who was allegedly found in a compromising position with another male student. It prompted public outcry from Human Rights Groups and the society at large, and has in essence formed the basis of this research. The purpose of this paper is to examine the human rights Gays living in Jamaica, and explore how these rights are affected by the constitution. It will look into the provisions made in the Charter of Rights document for this specific group, and review the “Savings Law Clause,” and the impact it has on constitutional change. The paper further examines the effect that Jamaican legislation has on influencing a culture of hatred towards homosexuals and discusses the legal recourse that’s currently being taken to have the current Act 76 of the constitution amended. Table of Content Introduction 4 Homosexuality and the Law 4 Effects of the Constitution on the rights of Gays 5 Challenges Faced with Constitutional Reform 5 Reccomendation 6 Conclusion 7 Reference 8 Introduction According to Jamaica’s Charter of Rights, Section 13 (1a), “The state has an obligation to promote universal respect for, and observance of human rights and freedoms.” It is a common view that Jamaica is a homophobic society in which gays and lesbians are subjected to harassment, mocked, vilified, beaten and simply killed because

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