Today the Court ruled that sections 14 and 16 of the Sexual Offences Act (SOA), which had criminalised consensual same sex activity between adults, are unconstitutional under the Constitution of the Commonwealth of Dominica. The Court ruled that the former provisions violated the right to liberty which is guaranteed by section 1(a) of the Constitution, freedom of expression which is guaranteed by sections 1 (b) and section 10 (1) and protection of personal privacy which guaranteed by section 1 (c).
In a decision by Justice Kimberly Cenac-Phulgence on a claim brought by a gay man, the Court found that:
“criminalising sexual relations between consenting adults of the same sex as effected by sections 14 and 16 of SOA is an unjustifiable restriction on the constitutionally guaranteed right to freedom of expression in a free and democratic society”.
Equally powerfully, the court accepted that the right to protection of privacy of the home encompasses:
“private and family life and the personal sphere which includes one’s sexual identity and orientation as well as intimate activity with a partner of a person’s choice. Therefore Sections 14 and 16 of the SOA contravene the Constitution in so far as they intrude on the private home life of an individual by proscribing the choice of consenting adults as to whom to engage in intimate sexual activity with, and are therefore, void.”
This ruling marks a significant shift in Dominica’s legal landscape, expanding international human rights and loosening the grip of traditional religious beliefs on social and legal norms, according to Attorney Joshua Francis who reported the news on Facebook.
The ruling, delivered by the Court, recognizes the right of same-sex adults to engage in consenting sexual activities in privacy.
This decision aligns Dominica with the growing global trend of recognizing and protecting the rights of LGBTQ+ individuals.
Cara Shillingford, representing the Claimants, argued passionately for the rights of individuals affected by the discriminatory provisions of the Act.
The Attorney General’s Office, representing the Defendant, presented counterarguments, while Joelle Harris represented the Bishop of Roseau (Catholic Church) and the Anglican Church, voicing concerns from religious perspectives.
Joshua Francis, representing the Dominica Association of Evangelical Churches as intervening, also participated in the legal proceedings, reflecting the diverse range of interests and viewpoints involved in this case.
The ruling not only has immediate legal ramifications but also signals a shift in societal attitudes towards LGBTQ+ rights in Dominica.
It positions the country as a member of the global community that recognizes and upholds the rights of all individuals, regardless of sexual orientation or gender identity.
This decision is likely to spark discussions and debates across the country, touching on issues of human rights, legal interpretation, and the role of religion in shaping laws and societal norms.
It sets a precedent for other nations grappling with similar legal and social challenges, reaffirming the principles of equality and dignity for all individuals.
EC Equality, a prominent advocacy group for LGBTQ+ rights, has welcomed the recent decision by the Dominica High Court, which ruled sections of the Sexual Offences Act unconstitutional, thereby recognizing the rights of LGBTQ+ individuals in the country. In a post on Instagram, EC Equality celebrated the decision as a victory for justice and human rights.
The post on Instagram read, “Breaking News‼ Celebrating justice! Court ruling favors LGBTQ+ Dominicans’ right to liberty, freedom of expression, and personal privacy. Dominica’s positive case ruling marks a step forward in equality and human rights.”
The decision by the Court has been lauded by activists and organizations globally as a significant milestone in the ongoing fight for LGBTQ+ rights.
EC Equality, known for its tireless advocacy and legal efforts in promoting equality and nondiscrimination, has also highlighted its ongoing litigation against anti-LGBTQ+ laws in Saint Lucia and other jurisdictions.
The positive response from EC Equality underscores the broader impact of legal victories in advancing LGBTQ+ rights across the Caribbean region.
