Maurice Tomlinson, a Jamaican gay
rights activist and attorney, has filed a claim in the Supreme Court of
Judicature, challenging the constitutionality of Jamaica’s laws criminalising
consensual sex between men.
The legal challenge which will be
announced at a press conference tomorrow in Kingston, Jamaica according to a
news release issued by the Canadian HIV/AIDS Legal Network — is being supported
by the Canadian HIV/AIDS Legal Network and AIDS-Free World.
The release said in its arguments,
the legal challenge outlines the ways in which the law violates the
constitutional rights of Jamaicans.
The current law, Offences against
the Person Act of 1864, criminalises consensual sexual conduct between men.
This includes not only a prohibition on “gross indecency” between men, but also
a provision that outlaws the “abominable crime of buggery”, i.e. anal sex,
including between any people of any sex, the release explained.
As a result of recent legislative developments, Jamaican law now also mandates
registration, monitoring and potential additional penalties as a “sex offender”
of any person convicted of such an offence, it continued.
“The law is a gross violation of my
human rights and those of all LGBTI people in my country,” says Tomlinson, who
is represented by his legal counsel, Anika Gray. “It directly infringes
numerous rights guaranteed by Jamaica’s Charter of Fundamental Rights and
Freedoms, and also fuels horrific violence.”
A senior policy analyst at the Legal
Network, Tomlinson highlights the deadly consequences of such laws in terms of
delivering an effective response to the HIV epidemic.
“The criminalisation and
marginalisation of consensual sex drives gay men and other men who have sex
with men underground, away from desperately needed HIV prevention, treatment
and testing services,” he said.
According to the statement, the
Caribbean has the second-highest HIV prevalence in the world, after sub-Saharan
Africa. UNAIDS, regional organisations and national agencies have reportedly
identified homophobia as a factor contributing to the statistics, and have
urged the removal of national laws that criminalise gay men and contribute to
the stigma, discrimination and violence faced by LGBTI people.
“We hope that this landmark case
will have positive implications across the region,” said Veronica Cenac, a St
Lucia-based lawyer, international legal advisor, and board member of the
Caribbean Vulnerable Communities Coalition. “Jamaica is not the only Caribbean
country where the human rights of LGBTI people are being violated, or where
violence and homophobia are contributing to escalating rates of HIV. For these
reasons, Mr Tomlinson’s case has the support of many human rights advocates and
is an opportunity for the courts to take action in advancing both universal
human rights and public health.”
Like our Facebook page https://www.facebook.com/rosacomms
Follow us on Twitter https://twitter.com/rosacommss
No comments:
Post a Comment