Chapter 1 of the Constitution of Saint Vincent and the Grenadines guarantees that all individuals in Saint Vincent and the Grenadines are entitled to basic rights and freedoms, regardless of race, origin, political opinion, color, creed, or sex. These rights are protected so long as they do not infringe on the rights of others or the public interest, as outlined in the Constitution.
Abortion is generally illegal in Saint Vincent and the Grenadines, but is allowed under limited circumstances. Under Section 149(1), it is a criminal offence to unlawfully use any means to procure a miscarriage, whether or not the woman is pregnant. This carries a penalty of up to 14 years in prison.
The Criminal Code of Saint Vincent and the Grenadines outlines several offenses related to statutory rape and the exploitation of minors. These provisions are gender-specific and focus on protecting girls under the age of 15. Chapter VIII Section 124 states that it is a criminal offense for a man to have sexual intercourse with a girl under 13. The maximum sentence for this offense is life imprisonment. Section 125 addresses sexual activity with girls aged 13 or 14. The maximum penalty is fifteen years in prison.
Under Chapter VIII, Section 123 of the Criminal Code of Saint Vincent and the Grenadines (Chapter 171), rape is defined as a crime committed by a man who has unlawful sexual intercourse with a woman without her consent, and who knows she does not consent or is reckless as to whether she consents. Consent is not valid if obtained by force, threats, intimidation, fear of bodily harm, false representations about the nature of the act, or by impersonating the woman’s husband. The offence is punishable by life imprisonment.
Section 126 of Chapter 171 of the Criminal Code of Saint Vincent and the Grenadines makes it a criminal offence for a man to have unlawful sexual intercourse with a woman who is considered mentally incapacitated. This refers to a woman who has been formally detained under the Mental Health Act or who, based on the evidence of two medical practitioners, is found to be suffering from serious mental illness, a psychopathic disorder, or significant intellectual impairment. The offence carries a penalty of up to fifteen years’ imprisonment.
The Saint Vincent and the Grenadines Domestic Violence Act of 2015 protects individuals from domestic violence, defining it as any physical, sexual, verbal, emotional, or financial abuse, including stalking, intimidation, harassment, or property damage, among people in close relationships, such as spouses, cohabitants, family members, partners, or individuals sharing a household. It establishes a legal framework for safety, including:
Section 3 of the Equal Pay Act 1994 makes it an offence for an employer to pay male and female employees unequally for performing the same or equivalent work. Employers found in violation are subject to a fine of up to $2,000, and in the case of a continuing offence, an additional fine of up to $100 for each day the offence continues after conviction. The court may also order the employer to pay the affected employee any wages found to be owed.
Javin Kevin Vinc Johnson v The Attorney General of Saint Vincent and the Grenadines, SVGHCV2019/0110 challenged the constitutionality of sections 146 and 148 of the Criminal Code of Saint Vincent and the Grenadines, which criminalize sexual activity between consenting same-sex adults.
Part B, Section 17 of the National Insurance (Benefits) Regulations provides that maternity benefit is payable to a woman who is an insured person in relation to her pregnancy and confinement. Under Section 19, to qualify, she must have been insured for at least 30 weeks, with a minimum of 20 contributions paid or credited during the 30 weeks before either: the contribution week that is six weeks before her expected confinement, or the week from which the benefit is claimed, whichever is later.
In The Queen v Emerson Delplesche (2018), the defendant was convicted of four offences: rape, abduction, and two counts of assault causing actual bodily harm, all involving his estranged wife. She testified that during a period of marital conflict, the defendant entered and remained in her apartment without permission despite being told to leave.
