Dominica HC supports LGBTQ, overturns ban against same-sex relations

In a historic ruling, the High Court of Dominica has overturned a colonial-era law that banned same-sex relations between consenting adults

Thursday, 25th April 2024

Dominica HC supports LGBTQ, overturns ban against same-sex relations (Representative Image)

In a historic ruling, the High Court of Dominica has overturned a colonial-era law that banned same-sex relations between consenting adults. The court ruled parts of the law that criminalized same-sex activity and said that it went against the constitution of the country. The ruling has been hailed as “a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.” The development came into reality after a gay man filed a lawsuit stating that the ban was unconstitutional. The complainant said that the law led him to live in constant fear of criminal sanction for involving in consensual sexual activity. He also added that the law caused hateful and violent conduct towards him and other LGBTQ persons, which is stopping them from living and expressing themselves freely in Dominica. While overturning the law, the court declared sections 14 and 16 as unconstitutional. These laws of the Sexual Offences Act criminalized consenting same-sex relationships. Justice Kimberly Cenac-Phulgence wrote the opinion and said that the court had determined that such provisions had infringed upon the nation’s constitutional guarantees of liberty as well as freedom of expression and privacy protection. Also, the founder of Minority Rights Dominica (MiRiDom), Daryl Phillip responded to the decision and said that this ruling will set Dominica on a promising path toward restoring individual’s dignity and safeguarding the LGBTQ people’s rights to privacy, health and freedom. He said that this will also protect them from torture, ill treatment and will align with the international human rights obligations. It is to be noted that in recent years, a number of Caribbean countries have repealed such laws including Barbados, Antigua and Barbuda, Belize, St Kitts and Nevis and Trinidad and Tobago. Meanwhile, a few countries in the region where same-sex relations are still criminalized are Guyana, Grenada, St Vincent and the Grenadines, and Jamaica. Following the ruling, the netizens lauded the government and said that it is a historic decision for the entire region. “Another Caribbean Court has struck down the harmful old colonial punitive law criminalizing LGBTQ people. Dominica’s ruling is a win for human rights & for public health,” wrote a user named Winnie Byanyima. A human rights activist, Jason Jones, said, “I am so hugely proud to see my judgment cited three times in the successful ruling that decriminalized adult consensual same-sex intimacy in Dominica today. My legal team and I have assisted in LGBTQ+ equality for millions of people across the world and continue to make a powerful contribution towards the fight for equality and justice for LGBTQ+ people!”