Margarette May Macaulay
Outspoken Advocate for the Marginalized
Since childhood, Margarette May Macaulay has stood up for her own rights and those of people less privileged than herself. A former judge at the Inter-American Court of Human Rights and past President of the Inter-American Commission on Human Rights (IACHR), she has dedicated her professional and voluntary work to advancing the rights of women, children, migrants, and other marginalized groups.
Photo: Comisión Interamericana de Derechos Humanos, CC BY 2.0, via Wikimedia Commons
The early years
Margerette May Macaulay was born in Freetown, Sierra Leone into a family with progressive views. Her parents taught her and her siblings that they should help anyone who does not have their advantages in life and treat everyone with respect and courtesy. Her father did not make a difference between his three daughters and his son: he wanted the girls to be able to look after themselves physically and involved them in weightlifting as well as boxing. He used to say, “Just because you are a woman, you must never think that you have to wait for somebody to do something for you”. Thanks to this education, Margerette May Macaulay grew up unafraid of authority and speaking up for herself.
A life in motion
After studying law at the University of London, Margerette May Macaulay graduated in 1966. One year later, she married her husband, Berthan Macaulay Q.C., and returned to Freetown, Sierra Leone with him. Berthan Macaulay Q.C. was the first indigenous Attorney-General of Sierra Leone and Margarette May Macaulay worked as his Legal Assistant. After their return, there was a period of great political turmoil, during which her husband’s legal opinion was sought by the government. Her husband considered it unconstitutional for a prime minister to be appointed before the election. A military government then took over, and her husband was imprisoned for treason after being accused of dishonesty in his earlier legal opinion. After his release, the family received several threats and attempts were made to attack Berthan Macaulay Q.C. Therefore, in 1974, shortly after they had their first child, Berette Macaulay, they emigrated to Jamaica. Margerette May Macaulay became a Jamaican citizen and worked as an attorney-at-law in private practice, representing clients in constitutional, civil, criminal, and human rights matters. The protection of women’s and children’s rights was always a particular concern of hers, also in her work in Jamaica. In her words:
“It is vitally important to recognize that human rights must begin by ensuring that all women, in all stages of life and diversity of races, are included in every discourse, policy making, and the amending and framing of the law. We must demand this as a right.”
From Jamaica to the Inter-American Court of Human Rights
In 2007, Margerette May Macaulay was elected to serve as a Judge of the Inter-American Court of Human Rights which, according to Articles 62 of the American Convention on Human Rights, has jurisdiction on all matters relating to the interpretation or application of the American Convention on Human Rights. Twenty States, mostly from Latin America, have recognized the contentious jurisdiction of the Court but it has not been recognized by the US or Canada.
Margarette May Macaulay is particularly proud that during her time as a judge, she was able to work with Cecilia Medina Quiroga, especially on the “Cotton Field” Case, in which Mexico was convicted of human rights violations against three women who were abused and murdered. She recalls:
“It was the first time that the court was able to deal, really deal, with the sexual offenses against women in the way they should.”
Reflecting on her collaboration with Cecilia Medina Quiroga, Margarette May Macaulay notes that without her, “we would not have moved the way we had in dealing with the rights of women.” Another achievement during her tenure as a judge was contributing to the reform of the Court’s Rules of Procedure. She was also proud to be the first Jamaican woman and the only Black woman who served as a judge at the Inter-American Court of Human Rights at that time:
“It was good because it was part of the things that I believe in: That all of us whoever we are, however we look, whatever language we spoke, we are entitled to be where we could be.”
Commissioner and President of the IACHR
In 2015, Margarette May Macaulay was elected to be a Commissioner on the IACHR. The IACHR is a principal and autonomous organ of the Organization of American States in charge of promoting the observance and protection of human rights as a consultative organ. During her first term from 2016 to 2019, she served as Rapporteur for the Rights of Women and Rapporteur on Rights of Persons of African Descent and against Racial Discrimination, as well as President of the IACHR from 2018 to 2019. The thematic Rapporteurships, according to Article 15 of Rules of Procedure of the IACHR, have the purpose of promoting and protecting human rights for certain groups that are at heightened risk of human rights violations due to their vulnerability and past discrimination. During that time, she was representing the IACHR in the case of I.V. v. Bolivia, where Bolivia was held accountable for the sterilization of a woman without her consent.
Exposing injustice within
In her position as Commissioner, Margarette May Macaulay openly expressed disappointment with her own institution. She criticised the lack of gender and racial diversity at the IACHR, asking:
“How can we represent so many diverse people when we don’t look like the place we represent.”
She also openly spoke about the “poisoned working environment” at the IACHR at that time. The staff were so distressed that some even considered suicide. She could not believe that these were the working conditions in a human rights body and was disturbed that none of the previous Commissioners had addressed this issue before. While her outspokenness has brought some change, the IACHR continues to face similar issues from time to time.
After her first mandate, there was a campaign against her reelection from religious Jamaican groups, citing that she had shown a lack of respect for those who did not share her opinion on gay marriage. Several human rights organizations spoke out against the campaign. She was reelected as Commissioner in 2018 and became the IACHR’s President again in 2023. Instead of the Rapporteurship for the Rights of Women, she took on the Rapporteurship on the Rights of Older Persons during her second mandate.
She described working as a commissioner at the IACHR as both extremely interesting and heartbreaking, when meeting people who are affected by inhumane acts and violations of all kinds. She says that meeting these people and succeeding with the case of just one person gave her the passion and strength to carry on:
“There’s only one race in the world and that’s the human race. And if there’s only one race, the human race, all humans are entitled to the same rights. It is a fundamental, easy, easy thing to accept if one is a thinking human being, but of course common sense is not so common.”
Beyond her mandate
Since 2017, Margarette May Macaulay’s name is installed on the Gender Justice Legacy Wall, honoring her contributions to international gender justice as well as raising awareness about violence against women. She also serves as a Mediator in the Supreme Court of Jamaica and an Associate Arbitrator in Jamaica, as well as a Notary Public for Life. She continues to work as an attorney in Jamaica as well as writing a weekly column helping Jamaicans who have legal questions, driven by a clear conviction:
“I believe that all Jamaican citizens should know the law that affects them, and if they have a problem, what to do.”
When asked whether she has retired as a judge, she replied, “No, I finished my mandate.” There is no doubt that Margarette May Macaulay will continue to speak out with courage and passion for human rights – and especially the rights of women, children, migrants and other marginalized groups.
Further sources:
- Interview with cultne.tv.
- Race & Equality, Commissioner Margarette May Macaulay, Rapporteur on the Rights of Women and Rapporteur on the Rights of Afro-descendants and against Racial Discrimination, Visits Brazil with the Support of the Institute on Race, Equality and Human Rights.
- Interview with UN Women.
- Katrin Trioch, Violence against Women by Private Actors: The Inter-American Court’s Judgment in the Case of Gonzalez et al. (“Cotton Field”) v. Mexico https://www.mpil.de/files/pdf3/mpunyb_09_tiroch_14.pdf.
- Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, The Inter-American Human Rights System.