User:Zcknowles/sandbox

Lesbian, gay, bisexual, and transgender (LGBT) persons in Jamaica, particularly men, face legal and social issues not experienced by non-LGBT people. 'This is due to legal systems and beliefs endorsed through settler colonialism Homosexuality, referred to as an "Unnatural Offence" in the Offences Against the Person Act is condemned through the punishment of the "abominable crime of buggery." Sodomy and/or buggery are punishable for up to 10 years imprisonment. On the other hand, sexual behavior between women is not a criminal offence.

Jamaica has the reputation of being one of the most homophobic nations on earth. The criminalization of homosexuality and the social and cultural institutionalization of homophobia leads to high rates of violence and the inability for LGBT identities to survive in Jamaica In addition to violence, LGBT individuals are likely to be less successful in educational and professional environments due to their lack of protection in the public sphere In 2012, The United States Department of State said that, "homophobia was widespread in the country".[2]

The government of Jamaica said in 2012 that it "is committed to the equal and fair treatment of its citizens, and affirms that any individual whose rights are alleged to have been infringed has a right to seek redress." The government also claimed that "there is no legal discrimination against persons on the grounds of their sexual orientation" and that it "is opposed to discrimination or violence against persons whatever their sexual orientation."[3]:page: 95. However, these same government officials are refusing to protect LGBT individuals from discrimination as their identities are not recognized in the law

An assistant commissioner of police claimed just before he retired in July 2012 that Jamaica's reputation as homophobic was merely "hype" and that life for LGBT persons was improving. He suggested the real problem was gay-on-gay crime and members of the community cross-dressing in public.[2] '''However, A Human Rights Watch report of 2014, specifically focusing on violence and discrimination against LGBT people in the nation, countered the police commissioners statements by calling attention to the violence against LGBT individuals. The report stated that LGBT individuals are ""taunted; threatened; fired from their jobs, thrown out of their homes; beaten, stoned, raped, and even killed"''' . The Jamaican police force are also often those to encourage mob attacks against LGBT individuals

Adding a sub-section on the contradictictions between International Human Rights Law and Jamaican laws on LGBT individuals under the secion of "Laws against male same-sex sexual activity: The Offences Against the Person Act (1864)".

Jamaica is party to multiple human rights conventions which outline the protection of individuals on the basis of sexual orientation. The International Covenant on Civil and Political Rights (ICCPR) states that all mention of "sex" includes sexual orientation. Jamaica is party to this treaty and thus must ratify it into Jamaican law. However, based on the maintained discrimination against LGBT individuals, Jamaica has only chosen to ratify a handful of the laws in the covenant. The United Nations has not monitored or enforced the following of these laws. However, the ICCPR does not address gender identity and thus does not protect individuals on the basis of their gender identity. However, Jamaica is party to multiple conventions which protect individuals on the basis of gender identity under certain circumstances. These treaties are the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). CEDAW includes the protectoin of transgender women under its definition of "all women" and the CRC protects thos of non-conforming identities under the age of eighteen. However, Jamaican LGBT individuals see discrimination from adolecense based on their lack of protection within the education system, assured by Prime Minister Andew Holness. Jamaica is subject to these laws based on their ratification of the conventions, but the nation is refusing to follow them due to institutionalized homophobia.