Clifford Chance

Clifford Chance has assisted its pro bono partner International Center for Advocates Against Discrimination (ICAAD) and Barbados NGO Operation Safe Space (OSS) on two important human rights cases in Barbados. Both cases resulted in successful judgments that strengthen human rights protections in Barbados.

Jaspreet Singh, ICAAD's Co-Founder, said: "We are grateful to Clifford Chance for the invaluable pro bono support on these two important cases. In regards to the first case, people in Barbados have been advocating for a change to the wandering law for decades, and it is clear that girls were being disproportionately impacted by the law. In regards to the second case, the appellate court's decision was incredibly disruptive for women seeking protection orders who were being turned away by clerks at the court. The CCJ’s decision will provide much needed clarification and will hopefully expand the availability for all seeking protection orders for domestic violence."

Further information on each case is set out below. We are proud to have partnered with ICAAD on this work.

"Wandering" legislation

This case centred around two teenage claimants who were housed in the Government Industrial School (GIS) – a state institution for children in need of care or in conflict with the law, which operates as a detention centre. Both girls were detained at the GIS on charges of "wandering", which can include running away from home or vagrancy, and is treated as a criminal act in Barbados.

In 2022, the girls, working with the assistance of OSS, filed an application alleging that their fundamental rights and freedoms were violated while at the GIS, and that their detention was unlawful because the legislation under which they were charged was unconstitutional and discriminatory.

Clifford Chance assisted OSS and ICAAD by producing a research report regarding the treatment of offences similar to "wandering" or "vagrancy" in other jurisdictions and international law.

As part of his judgment, High Court Judge Westmin James ruled that section 14 of the Reformatory and Industrial Schools Act, which deals with wandering, was "unconstitutionally vague and offends the rule of law", as well as "discriminatory on the grounds of age and sex and violates the right to protection of the law". Combined, the claimants were awarded more than BBD $200,000 in damages.

The Clifford Chance team included Jessica Gladstone, Sam Harris, Emily Goddard, Mollie MacGinty, Teninlanimi Owolabi, Faye Ho, Nicole Wise, Gunika Phalswal and Jeremy Stewart.

Read more about the case.

Protection Orders for 'former spouses'

The Appellant in the case, Ms Goddard, was denied a domestic violence protection order because the Barbados domestic courts held that she did not fall within the category of persons entitled to apply for one. Under the relevant legislation, 'former spouses' are eligible for protection orders but the Magistrate and the Barbados Court of Appeal both ruled that too much time (around a year) had elapsed since the relationship had ended.

Ms Goddard appealed to the Caribbean Court of Justice (CCJ) seeking clarification of the meaning of 'former spouse'. Clifford Chance assisted ICAAD and OSS with amicus curiae submissions regarding, amongst other things, the application of domestic violence protection orders in other Caribbean and Commonwealth jurisdictions.

The CCJ allowed the appeal, unanimously finding that Ms Goddard fell within the range of persons who were entitled to apply for a protection order. Full reasons for the decision have not yet been given but the media release is available to read.

The Clifford Chance team included Sam Harris, Emily Goddard and Nicholas Johnson.