The Judicial Committee of the Privy Council in the United Kingdom has struck down a law criminalising same-sex relations in Trinidad and Tobago, marking a major development in the fight for LGBTQ rights in the Caribbean.
The ruling protects private, consensual sexual relations between adults of the same sex from prosecution under the country’s Sexual Offences Act, which previously prescribed prison terms for offences including “serious indecency” and “buggery.”
The UK-based court, which serves as the final court of appeal for Trinidad and Tobago, delivered the unanimous judgment on Tuesday, ruling that the 1986 law could not be used to prosecute such relationships.
The decade-long legal challenge was led by LGBTQ activist, Jason Jones, who said the judgment validated his campaign against the law.
Speaking to AFP after the verdict, Jones said he would continue targeted activism to address what he described as widespread homophobia across the Caribbean.
The court also stated that constitutional rights must be interpreted in a way that makes them “practical and effective in the present day, not in the past.”
Freedom Law Chambers, the law firm representing Jones, described the judgment as a “phenomenal victory for gay rights, equal dignity and respect for private and family life in Trinidad and Tobago.”
UN Human Rights Chief, Volker Turk, also welcomed the decision, describing it as a significant milestone for rights and equality.
Turk expressed hope that the judgment would help remove longstanding stigma, exclusion, barriers and violence faced by people in Trinidad and Tobago because of their sexual orientation and gender identity.