JAMAICA-LEGISLATION-Sexual Harassment Act to be rolled out April 2

Jamaica’s Sexual Harassment (Protection and Prevention Act) 2021 will be officially rolled out on April 2, according to Minister of Culture, Gender, Entertainment and Sport, Olivia Grange.

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She made the disclosure as she said Government is committed to ensuring that Jamaica’s women remain at the forefront of national and international policies and programs for sustainable development, including the 2030 Agenda for Sustainable Development.

“As we advance the cause for gender equality and justice, we remind ourselves and the nation that the right to live free from fear or harm is enshrined in our Constitution and in the United Nations Declaration of Human Rights, to which we are a signatory,” she noted.

The long-awaited legislation aimed at tackling sexual harassment in Jamaica, was approved by both Houses of Parliament in October 2021.

Following extensive debate on Friday (October 1), the Sexual Harassment (Protection and Prevention) Act, 2021, was passed in the Senate, after being approved in the Lower House in July with 10 amendments. It was endorsed by both Government and Opposition Senators with an additional 13 amendments.

When closing the debate on the Bill, Leader of Government Business in the Upper House, Senator the Hon. Kamina Johnson Smith, said it represents “a significant milestone in our very long history to provide protection to victims of sexual harassment”.

The legislation addresses concerns about sexual harassment that are employment-related, occurring in institutions, or arising in the landlord and tenant relationship.

It contains provisions for dealing with sexual harassment in the workplace, schools, correctional institutions, places of safety, nursing homes, medical and psychiatric facilities, among other places.

Mrs. Johnson Smith, who is also Minister of Foreign Affairs and Foreign Trade, noted that while it is celebrated that the Bill is gender neutral, “the reality is that sexual harassment is primarily experienced by women, and therefore, this Bill is likely to serve the role of providing greater protection to them, but it provides protection across the board”.

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“This is a truly positive day for Jamaica and our development of an equitable society, a balanced society where we don’t normalize the stress, the depression, the anxiety, the negative impact that sexual harassment has had and does continue to have on victims,” she said.

She further reiterated that the Bill does not intend to remove flirtation, or prevent the starting of relationships and so on, “it just really requires people to respect the concept that someone might not want your advance.”

Sexual harassment is described as any unwelcome act of sexual advance. It also means the making of any sexual advance towards a person by another person that is regarded as offensive or humiliating by the person towards whom it is made, or which has the effect of interfering with the work performance of the person to whom the advance is made, or creating an intimidating, offensive or hostile working environment.

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