Laws against gender-based violence
– Does this figure exist in the legal framework? (Source):
a) Domestic Protection Act as above in the section Family Law. Please also check the offences against the person under the Act Sexual Offences Act.b) Barbados ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and ratified the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.
Hence, Barbados has a legal obligation to protect women and girls from domestic violence and sexual violence.
– Potential Sanction:
a) Protection order: if an order is breached by Section 11, the respondent is guilty of an offence and is liable on summary conviction to a fine of $5,000 or to imprisonment for a term of 12 months or to both.b) The State is required to put the necessary legal and administrative mechanisms in place to adequately protect women and girls from these forms of violence and to provide them with access to just and effective remedies.
Anti-discrimination
– Does this figure exist in the legal framework? (Source):
Barbados Constitution and Employment Laws as in the section Labour Laws
– Potential Sanction:
Barbados Constitution and Employment Laws as above.
Intermediary liability regulation
– Does this figure exist in the legal framework? (Source):
Electronic Transactions Act,
– Potential Sanction:
According to this act, an intermediary is not subject to any civil or criminal liability of any content created by users (Section 23).However, where an intermediary has knowledge that the content could rise to civil or criminal liability or is aware that is unlawful the intermediary shall remove the content and notify the appropriate law enforcement agency.
Are there other legal frameworks that could help a victim in your country?
– Sources:
a) The use of Computer Misuse Legislation in conjunction with the other criminal law regimes ensure that victims are protected from these type of actionsb) As above, although if the legislative regime is not clear, Barbados as a common law jurisdiction can look to precedence in English law in order to ensure that justice and protection is afforded to victims, especially in light of the international conventions which the country is subject to. Please, see relevant cases in the section on How to Navigate the Judiciary System.
– Potential Sanction:
a) Sanctions are as described previously in relation to the Computer Misuse Act. Other behaviors are also provided in terms of indecency in the Offences Against the Person Act.