The High Court of Dominica has nullified a law from colonial times that prohibited consenting adults from having same-sex relationships, after a homosexual man filed a lawsuit arguing that the ban was against the constitution.
The person who made the complaint, who did not reveal their identity, stated that the law made them constantly afraid of being punished for engaging in consensual sexual activity, and led to hateful and violent treatment towards them and other LGBT individuals, preventing them from living and expressing themselves freely and with dignity. according to BBC.
The ruling stated that the constitution guarantees that “a person shall not be hundred in the enjoyment of his right to assemble and freely associate with other persons” and that this “must necessarily include the freedom to enter into and maintain intimate relationships without undue intrusion by the State.”
Authored by High Court Judge Kimberly Cenac-Phulgence, the statement also mentioned that the current law results in “widespread hostility towards persons perceived to be LGBT in both public and private settings” and “cannot be justified as necessary to respect the rights and freedoms of others or the public interest.”
Activist Daryl Phillip praised the decision, saying BBC it has put the country – not to be confused with the Dominican Republic – on a positive path by upholding the dignity of individuals and protecting the rights of LGBTQ people to privacy, health, and freedom from torture and ill-treatment, in line with international human rights obligations.
Maria Sjödin, executive director of LGBTQ+ organization Outright International, explained that
“Removing criminal penalties helps in creating a situation where LGBTQ individuals can live openly without fear of persecution, allowing them to access healthcare, education, and employment without encountering discrimination.” Sjödin also expressed that the repeal of these unfair laws is a result of the persistent efforts of activists, supporters, and allies who have fought for justice and equality for a long time.
The person who filed the complaint has been fighting for five years to have the law abolished. Initially introduced during the British colonial period, the Associated Press states that the law was strengthened in 1998, carrying a possible ten-year prison sentence.
