THE HEALTH AND WELLBEING OF TRANS PEOPLE IN JAMAICA

The rights to life and health are international human rights standards enumerated in conventions that Jamaica has ratified. However, according to the Human Rights Violations Against Lesbian, Gay, Bisexual, and Transgender (LGBT) People in Jamaica: A Shadow Report by Equality for All “trans persons are confronted with the reality of legal non-recognition. Jamaica has no legislative or policy framework which would allow for trans persons to have their gender identities formally and institutionally recognized through changes on their birth certificates and other forms of identification”[1].

In Jamaican law, Section 3 of the Sexual Offences Act, only cisgender women can be victims of rape. Trans women are considered men within the law[2].

This means that men who rape trans women cannot be convicted of rape, but only the lesser offence of indecent assault. The sentence for a conviction of rape is fifteen (15) years to life imprisonment while the sentence for a conviction of indecent assault is maximum (15) years imprisonment. This violates the right of trans persons to be recognized everywhere as a person (Article 16) and to equal protection of the law (Article 26).

In a 2019 study commissioned by JFLAG, “71% of 21 politicians interviewed felt “strongly” that persons who identified as LGBT could be converted to heterosexuality. Under these circumstances, LBTQ+ women mustnavigate a landscape that does not prioritise or value their desire to look after their sexual and reproductive health. This combination of structural and intrapersonal impediments work together to prevent adequate and authoritative data representation of LBTQ+ women’s health” [1].

JFLAG in their 2020 report stated that almost two thirds of HIV affected persons are unaware of their status and that stigma and discrimination against persons living with HIV/AIDS continue to persist, including in the workplace, particularly in relation to men in same-sex relationships and transgender persons, which not only prevents their access to essential medicines and treatment and their enjoyment of other ESCR, but risks undermining efforts to eradicate HIV[1].

[1] Equality for All Group, 2016, Human Rights Violations Against Lesbian, Gay, Bisexual, and Transgender (LGBT) People in Jamaica: A Shadow Report, https://tbinternet ohchr org/Treaties/CCPR/Shared%20Documents/JAM/INT CCPR CSS JAM 25269 E pdf

[1] Section 3, Sexual Offences Act(Jamaica), 2009

[1] WE-CHANGE JAMAICA, 2019, The Health-Seeking Behaviour of LBTQ Women in Jamaica: Sexual and Reproductive Health, https://wechangejadotorg files wordpress com/2020/05/the-health-seekingbehaviour-of-lbtq-women-in-jamaica pdf