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Central America & the Caribbean

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1004
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Global Region

2011 Amendments to the Constitution of Jamaica

The 2011 Amendments to the Jamaican Constitution specifically enumerated a “right to freedom from discrimination on the ground of . . . being male or female.”  The amendments also guaranteed a number of fundamental rights and freedoms, including the right to be free from inhuman or degrading treatment and torture, and protection of the right to own property, receive an education, vote, and speak freely.

A.L.F., Case No. 90-C-2014

This case is a cassation appeal from a lower court judgment. The judge found the defendant guilty of attempted femicide in violation of Article 45 of the Special Comprehensive Law for a Violence-free Life for Women (Ley Especial Integral para una Vida Libre de Violencia) (“LEIV”) and sentenced him to 10 years in prison. In the underlying case, the defendant rammed the plaintiff, his ex-girlfriend, with his car against the wall twice, causing her grave injuries.

Alejandro G.D., Case No. 193-2013-2

In April, 2013, the National Civil Police, a unit of the Computer Crime Investigation Group of the Central Investigation Division launched a search for pornography.  Chief inspector Jesus Perez Sanches instructed two investigative agents to perform a search when they observed five individuals, including Alejandro G.D., selling pornography on the street in a residential neighborhood.

Ana, Beatriz, and Celia González Pérez v. Mexico

Sexual Violence and Rape, Torture, Indigenous Populations, Failure of State Responsibility. The Mexican military illegally detained, raped, and tortured the Tzeltal native sisters Ana, Beatriz, and Celia González Pérez. The Mexican State argued that the Inter-American Commission on Human Rights (IACHR) did not have competence to review the petition because the sisters did not exhaust their domestic remedies.

Attorney General of Belize v. Matus

The Attorney-General of Belize brought a claim under Belize’s Civil Procedure Rules to declare the marriage between the respondent and a 16-year-old minor null and void under the Marriage Act because it was executed without the consent of the child’s father.  Section 5 of the Marriage Act requires the consent of both parents before a minor can marry.  The court granted the respondent’s application to dismiss the claim because the Attorney-General should have commenced the action by petition under the Matrimonial Causes Rules.

Between S.A.J. and S.P.J.

In a pending divorce case, the trial court entered an order for the parties to “refrain from molesting, harassing, besetting, intimidating and/or threatening and carrying out physical or other abuse of the other.”  The wife subsequently accused the husband of sexual molestation and violating the court’s order.  The court explained that “an allegation of sexual molestation in any form is very serious and the onus is on the wife to prove to the Court beyond a reasonable doubt that the husband breached the Order by committing the acts of sexual molestation as alleged.”  The cour

Blake v. R.

The applicant pleaded guilty before the Circuit Court of Westmoreland for the offence of having sexual intercourse with a girl under the age of 16, in violation of section 10(1) of the Sexual Offences Act. He was in a serious relationship with the underage girl, but the matter was brought to the attention of the police when the complainant discovered she was pregnant and there was a dispute regarding the defendant’s paternity (tests showed he indeed was the father).

Campbell (Peter) v. R

While taking a taxi to school, a 13-year-old girl was forcibly raped by the taxi driver, whom she had previously encountered. After learning about the incident, the girl’s mother reported the driver to the police and he was subsequently convicted at trial for rape and sentenced to 15 years imprisonment at hard labor. At trial, the driver’s defense was one of alibi—a denial of his involvement in the offence.

Case of María Eugenia Morales de Sierra v. Guatemala

On February 22, 1995 petitioners, the Center for Justice and International Law and María Eugenia Morales de Sierra, brought a claim against the state of Guatemala alleging that certain articles of the Civil Code of the Republic of Guatemala contravened Articles 1(1), 2, 17 and 24 of the American Convention on Human Rights and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

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