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Dominica High Court reverses prohibition on same-sex relations

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Dominica’s High Court has struck down a ban on consensual same-sex relations in the Caribbean island nation. The court deemed parts of the law criminalizing such activity unconstitutional, citing violations of the country’s constitution.

A gay resident of Dominica, who initiated the case, argued that the law infringed upon his constitutional rights. LGBTQ activists celebrated the decision as a significant advancement in the ongoing fight for LGBTQ rights in the Caribbean.

The court specifically found sections 14 and 16 of the Sexual Offences Act, which prohibited consensual same-sex activity among adults, to be unconstitutional.

Justice Kimberly Cenac-Phulgence stated in the ruling that these sections violated the right to liberty, freedom of expression, and protection of personal privacy as outlined in the country’s constitution.

Responding to the ruling, Daryl Phillip, founder of Minority Rights Dominica (MiRiDom), expressed hope for the restoration of dignity and protection of LGBTQ individuals’ rights. However, he noted that the fight against homophobia is an ongoing process.

Outright International, a human rights LGBTQ NGO, emphasized the significance of decriminalization in creating an environment where LGBTQ individuals can live openly without fear of persecution. Executive director Maria Sjödin hailed the ruling as a victory for human rights and a crucial step forward in the struggle for LGBTQ rights in the Caribbean.

Historically, laws criminalizing same-sex relations in English-speaking Caribbean nations were imposed by the British during colonial rule in the 1800s.

In recent years, several Anglophone Caribbean nations have repealed such laws, with some pending cases, while others continue to criminalize same-sex relations.

Source – bbc.com

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