Jamaica

Last reviewed 01 June 2017

Country overview

Specific law enacted

No

Specific law detail

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecution count

0

Conviction count

0

Discussion

In 2008, a search of the Laws of Jamaica found that HIV is mentioned in three pieces of legislation:

Though there is no HIV specific law, there is a possibility that a person can be isolated under the Public Health Act 1985.

Section 2(1) In this Act, unless the context otherwise require –

“communicable disease” means any disease due to a specific infectious agent or its toxic products, which arises through transmission of that agent or its products from an infected person or animal to a susceptible person either directly or indirectly, through the agency of an inanimate environment and includes any infectious disease and any quarantinable disease.

“notifiable disease” means any communicable disease declared by the Minister by order to be a notifiable disease.

Section 14 (1). The Minister may make regulations generally for carrying out the provision and purposes of this Act, and in particular, subject to section 7, but without prejudice to the generality of the foregoing, may make regulations in relation to –

(a) notifiable and communicable disease, the treatment and prevention thereof and the isolation of patients suffering therefrom. 

Also HIV transmission could be prosecuted under the Offences against the Person Act 1864.

Section 22 Whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for a term not exceeding three years, with or without hard labour.

In 2010, the Labour Minister threatened that he could push for legislation to impose criminal sanctions on persons who knowingly spread HIV/AIDS. See attached media report.

Discrimination of sex workers, MSM and transgender has been reported.

Specific laws

Specific law enacted No

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecutions

Number of prosecutions 0

Convictions

Number of convictions 0

Laws

Applicable laws

There is no specific law on HIV transmission.

Jamaica Public Health Act 1985

Offences against the Person Act 1864

Applicable key wording

Public Health Act 1985 notifiable disease; Offences against the Person Act 1864 unlawful wounding

Discussion

In 2008, a search of the Laws of Jamaica found that HIV is mentioned in three pieces of legislation:

Though there is no HIV specific law, there is a possibility that a person can be isolated under the Public Health Act 1985.

Section 2(1) In this Act, unless the context otherwise require –

“communicable disease” means any disease due to a specific infectious agent or its toxic products, which arises through transmission of that agent or its products from an infected person or animal to a susceptible person either directly or indirectly, through the agency of an inanimate environment and includes any infectious disease and any quarantinable disease.

“notifiable disease” means any communicable disease declared by the Minister by order to be a notifiable disease.

Section 14 (1). The Minister may make regulations generally for carrying out the provision and purposes of this Act, and in particular, subject to section 7, but without prejudice to the generality of the foregoing, may make regulations in relation to –

(a) notifiable and communicable disease, the treatment and prevention thereof and the isolation of patients suffering therefrom. 

Also HIV transmission could be prosecuted under the Offences against the Person Act 1864.

Section 22 Whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for a term not exceeding three years, with or without hard labour.

In 2010, the Labour Minister threatened that he could push for legislation to impose criminal sanctions on persons who knowingly spread HIV/AIDS. See attached media report.

Discrimination of sex workers, MSM and transgender has been reported.

Cases

Overview

None

Last reviewed 01 June 2017

Overview

Entry laws

There are no specific entry or residence regulations for people with HIV/AIDS. Neither a medical certificate nor an HIV test result is required when entering the country.

Foreigners with a known HIV infection are not subject to specific residence regulations. There are no regulations regarding the control, deportation or expulsion of those concerned.

Antiretroviral medication for personal use can be carried. People living on Jamaica who need to import medicinal products for personal use need to apply for a permit, which is routinely granted.

For updated information, please go to: www.hivrestrictions.org

Last reviewed 01 June 2017

Overview

Male-male relationships

Not legal

Female-female relationships

Legal

Last reviewed 01 June 2017