320039075 / 816030964 / 816031651

Course: Gender and the Law in the Commonwealth Caribbean (LAW3260)

Lecturer: Simone Francois-Whittier & Dr. Timothy Affonso

Group E1: Dascha Webb, D’asha La Borde, Leah-Marie Lalsingh

Topic: Gender and Intimate Partner Violence in the Caribbean

Introduction

This paper seeks to uncover the intricate relationship between gender and intimate partner

violence in the Caribbean, emphasising the factors which contribute to the perpetuation of

violence within these relationships. By interrogating traditional gender roles, intersecting forms

of discrimination, and systemic barriers to justice, this study aims to promote an in-depth

understanding of the impact of IPV on women's rights and gender equality. Through an

examination of the legal frameworks, case studies, and a comparative analysis, this research also

strives to identify gaps in existing laws and policies. Recommendations that uphold the

principles of human rights and gender justice will also be proposed.

Area of Law

This topic falls within the realm of family law, criminal law, human rights law, and gender law.

Objectives

 To explore the dynamics of intimate partner violence (IPV) within a Caribbean

context, considering its prevalence, manifestations, and underlying causes.

 To examine the impact of traditional gender roles and cultural norms on IPV.

1
 320039075 / 816030964 / 816031651

 To investigate how intersecting factors such as race, class, sexuality, and

disability interact with gender to influence IPV in the Caribbean.

 To evaluate the extent to which existing legal frameworks and policies address

IPV, along with the effectiveness of law enforcement in dealing with these

matters.

Body (Main points of discussion)

 An examination of how patriarchal beliefs and attitudes contribute to power imbalances

and relationship dynamics which enable violence against women.

 How factors such as race, class, sexuality, and disability intersect with gender to

exacerbate IPV.

 An analysis of the existing legal frameworks and policies addressing IPV and the

effectiveness of law enforcement in dealing with these matters.

o This will encompass a discussion on the challenges and gaps in the legal response

to IPV;

o A comparison of the legislation which governs IPV within the Caribbean,

particularly Trinidad and Tobago and Jamaica, as well as a comparison of IPV

legislation in the United States and Trinidad and Tobago;

o An investigation of the international perspectives of human rights bodies to

further contextualise the issue of IPV within broader human rights frameworks

and advocate for accountability mechanisms at an international level;

o An evaluation as to whether Trinidad and Tobago has met international standards

in their legislation aimed at protecting IPV.

2
 320039075 / 816030964 / 816031651

 A highlight of relevant legal cases related to IPV in the Caribbean region, examining

court decisions, legal precedents, and judicial responses to instances of domestic violence

and abuse.

 A proposal of policies and laws that should be drafted to ensure further protection for

victims of IPV.

Proposed Bibliography

Books:

 Amoah J, ‘Shifting from Domestic Violence to Transformative Gender Justice: A

Template for Public Accountability and Inclusion’ Domestic Violence in the Anglophone

Caribbean (Palgrave Macmillan 2022)

 Bissessar AM and Huggins C, ‘The Challenges in Enforcing Domestic Violence

Prescriptions in the Case of Trinidad and Tobago’, Domestic Violence in the Anglophone

Caribbean (Palgrave Macmillan 2022)

 Bott S, Morrison AR and Ellsberg M, Preventing and Responding to Gender-Based

Violence in Middle and Low-Income Countries: A Global Review and Analysis (World

Bank, Poverty Reduction and Economic Management Sector Unit, Gender and

Development Group 2005)

Legislation and Treaties:

 Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW)

 Trinidad and Tobago Domestic Violence Act Chapter 45:56

3
 320039075 / 816030964 / 816031651

Cases:

 Mieres v Blackman TT 2003 CA 48

Journal Articles:

 Bucheli M and Rossi M, ‘Attitudes toward Intimate Partner Violence against Women in

Latin America and the Caribbean’ (2019) 9 Sage Open 3

 Stockman JK and others, ‘Intimate Partner Violence among African American and

African Caribbean Women: Prevalence, Risk Factors, and the Influence of Cultural

Attitudes’ (2014) 7 Global Health Action

 Wallace WC and others, ‘Domestic Violence: Intimate Partner Violence Victimization

Non-Reporting to the Police in Trinidad and Tobago’ (2019) 16 Justice Policy Journal 1

Other Secondary Sources

 Diane Quarless, ‘Rally round and invest in Caribbean women… NOW!’ (United Nations

in the Caribbean 2024) <https://caribbean.un.org/en/263010-rally-round-and-invest-

caribbean-women%E2%80%A6-now> accessed 21 March 2024

Anticipated Conclusion

Conclusively, intimate partner violence remains a pressing issue within the Caribbean, having

deep-rooted social, economic, and cultural factors contributing to its prevalence. While legal

frameworks and community responses offer some avenues for support, challenges persist in

addressing the complex dynamics of IPV. Moving forward, concerted efforts are needed to

dismantle harmful gender norms, improve access to resources for survivors, and foster

4
 320039075 / 816030964 / 816031651

collaboration across all sectors. By prioritising prevention, intervention, and research initiatives,

one can work towards creating a Caribbean where all individuals can live free from the threat of

violence in their intimate relationships.