Dominica’s High Court has struck down a prohibition on consensual same-sex relations in the Caribbean island nation. The court deemed certain sections of the law criminalizing such activity unconstitutional, asserting that they conflicted with the nation’s constitution. The case was brought forward by a gay individual residing in Dominica, who argued that the legislation infringed upon his constitutional rights.
The court specifically targeted sections 14 and 16 of the Sexual Offences Act, which criminalized consensual same-sex activity among adults. Justice Kimberly Cenac-Phulgence, in the ruling, stated that these provisions violated fundamental rights such as liberty, freedom of expression, and protection of personal privacy, as outlined in the country’s constitution.
The claimant, who wished to remain anonymous, highlighted the oppressive nature of these laws, expressing that they subjected him to constant fear of legal repercussions and incited hateful conduct towards him and other LGBTQ individuals. Reacting to the decision, Daryl Phillip, the founder of Minority Rights Dominica (MiRiDom), hailed it as a step towards restoring dignity and safeguarding the rights of LGBTQ individuals.
Although acknowledging the significance of the ruling, Phillip emphasized that combating homophobia would require ongoing efforts. Outright International, a human rights LGBTQ NGO, praised the decriminalization, asserting that it fosters an environment where LGBTQ individuals can live openly without fear of persecution, enabling access to essential services and opportunities.
Historically, laws criminalizing same-sex activity in English-speaking Caribbean nations trace back to British colonial rule in the 1800s. However, recent years have seen a shift, with several Anglophone Caribbean nations repealing such laws, including Antigua and Barbuda, Barbados, Belize, Saint Kitts and Nevis, and Trinidad and Tobago. Currently, five other Caribbean nations still criminalize same-sex relations, including Guyana, Grenada, Jamaica, and St Vincent and the Grenadines.