The Inter-American Commission on Human Rights (IACHR) is expressing concern over the recent decision of the Court of Appeal in Trinidad and Tobago reinstating legal provisions that criminalise consensual sexual relations between adults of the same sex.
The IACHR said that this measure had been previously repealed by a first instance Court decision in 2018.
“The IACHR reiterates that such laws are incompatible with international human rights standards—particularly the rights to privacy, equality, and non-discrimination—and have a profoundly discriminatory impact on the lives of lesbian, gay, bisexual, trans, intersex (LGBTI) and gender diverse persons,” said the IACHR, which is a principal, autonomous body of the Organization of American States (OAS).
On March 25, the Court of Appeal overturned the 2018 ruling by the High Court in the case of Jones V. Trinidad and Tobago , which had declared Sections 13 and 16 of the Sexual Offences Act unconstitutional, illegal, null, void, and of no effect insofar as they criminalised consensual sexual conduct between adults.
The IACHR said that it has welcomed the earlier decision as a step towards equality and non-discrimination.
“With the recent appeal ruling, the offences of buggery and gross indecency remain in effect. Buggery is now punishable by up to five years’ imprisonment, and gross indecency by up to two years’ imprisonment.”
The IACHR said that laws criminalising consensual same-sex intimacy between adults are incompatible with the principles of equality and non-discrimination under international human rights law.
“The criminalsation of conduct intrinsically linked to rights recognized by international standards constitutes a violation of the principle of legality. Furthermore, laws targeting private, consensual same-sex relations violate the rights to privacy and non-discrimination, regardless of whether they are enforced or whether a person has been subjected to investigation, trial, or sanction.
“The Commission further notes that even when laws that criminalize same-sex intimacy are not generally applied, their mere existence contributes to a climate of discrimination that promotes stigma and prejudice against LGBTI persons. Maintaining such laws, even if unenforced, legitimizes prejudice, fuels discrimination and violence, and impedes access to other human rights.”
The IACHR said it is calling upon all branches of the state “to act within their competencies to protect the rights of LGBTI persons and promote cultural shifts towards democracies respectful of human rights and diversity.
“The Commission reiterates its willingness to cooperate with the State and civil society to achieve these ends,” it added.
