New York, NY, April 16, 2018 - In March 2017, Jason Jones, a British-Trinidadian LGBT activist, filed a lawsuit to strike down the country’s so-called ‘buggery laws.’ In his case, Mr. Jones argued that Section 13 of the Sexual Offences Act, which criminalizes same-sex sexual conduct, is unconstitutional because it violates his rights to privacy, liberty and freedom of expression.
In delivering his ruling on April 12, 2018, Justice Devindra Rampersad, who presided over the case, ruled: “the court declares that sections 13 and 16 of the [Sexual Offences Act] are unconstitutional, illegal, null, void, invalid and of no effect to the extent that these laws criminalise any acts constituting consensual sexual conduct between adults.”
Section 16 criminalizes indecency. A final ruling will take place in July and the Government is expected to appeal all the way to the Privy Council.
Reacting to this important ruling, Ms. Margareta Cederfelt, Member of Parliament from Sweden and President of PGA, said:
As Parliamentarians, we have a duty to sensitize the general public about the need to strike down these unconstitutional laws and generate popular support and full understanding of the jurisprudence of independent Courts who are applying the law, including International Law, in a very responsible and prudent manner. I am sure the Privy Council, therefore, will decide in an impartial and fair way, and all entities and institutions shall refrain from exercising any pressure to, or interference with the independence of, the judiciary.
Criminalization of consensual same-sex conduct violates rights to privacy and to freedom from discrimination, both protected under International Law and domestic constitutional law, and places States in material breach of their obligation to protect the human rights of all individuals, regardless of their sexual orientation, gender identity or sex characteristics.
The Universal Declaration of Human Rights, Human Rights International Covenants and treaty bodies’ jurisprudence have reaffirmed that human rights are inherent to all human beings, thus entitling every individual to a life with dignity and free from discrimination, stigma and violence. Competent Courts and Tribunals are simply applying these existing international and constitutional norms as a dutiful step in guaranteeing States’ compliance to such legal framework.
Dr. David Donat Cattin, PGA’s Secretary General, declared:
Since the launch of our Campaign against Discrimination based on Sexual Orientation and Gender Identity (SOGI Campaign), PGA has been advocating with parliamentarians in Trinidad and Tobago about the importance of ensuring that the rights of equality and non-discrimination enshrined in the country’s Constitution, along with the State’s obligations to international law, protect all individuals regardless of their sexual orientation or gender identity. We call on parliamentarians to use this opportunity to begin a conversation with LGBTI civil society representatives, human rights advocates and society at large on next steps to protect the LGBTI community from discrimination and violence and to promote their full equality and inclusion in the country.
For more information, please visit PGA’s SOGI Campaign and our LGBTI Inclusion Site.
CONTACT:
Mónica Adame, Director of GEP Program
E:
T: 646-762-7295
