Santo Domingo

A court in Dominica has overturned a ban on consensual same-sex relations in the Caribbean island nation. The ban was imposed under a colonial British-era law. The Dominica High Court said that parts of the British-era law criminalised same-sex activity and went against the country's constitution.

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The case was brought by a person who identified as a gay person and said that it violated his constitutional rights. The person has remained anonymous. 

What does it mean?

The decision has been hailed as a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean region.

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The Dominica High Court ruled that sections 14 and 16 of the Sexual Offences Act criminalised consensual same-sex activity between adults. The court described these exact sections as unconstitutional.

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Justice Kimberly Cenac-Phulgence said the court found that parts of Dominica's Sexual Offences Act breached the right to liberty, freedom of expression and protection of personal privacy, as enshrined in the country's constitution.

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The anonymous petitioner stated that the laws had condemned him "to live in constant fear of criminal sanction for engaging in consensual sexual activity" and argued that these laws incited "hateful and violent conduct towards him and other LGBT persons" which he said prevented him "from living and expressing himself freely and in dignity".

Outright International, a human rights LGBTQ NGO, said in a statement: "Decriminalisation helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination."

"The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean," Outright executive director Maria Sjödin said, as per a BBC report.

(With inputs from agencies)