Jamaica's sodomy law gets first legal challenge

At a press conference in Kingston today, October 26, Jamaican attorney Maurice Tomlinson announced that the organization AIDS-Free World has presented a first-ever legal challenge to the country’s anti-gay laws.

The group has submitted a petition at the Inter-American Commission on Human Rights (IACHR) on behalf of two Jamaican gay men whose names are being withheld to protect their safety.

Representing the petitioners will be a very high-powered legal team including Lord Anthony Gifford, who practices in both Jamaica and the UK and was counsel on a similar and successful case before the European Court of Human Rights, and pro bono attorneys from the US firm Thompson Hine and the Law Center at Nova Southeastern University.

Their argument will be that by criminalizing homosexuality, Jamaica is in violation of international human rights laws which it is a signatory to, such as the American Convention on Human Rights.

A similar legal challenge is underway against Belize and Caribbean LGBT groups have been raising the issue of sodomy laws with inter-American bodies for some time.

Although the Jamaican so-called “anti-sodomy law” is not enforced, the argument is that it nevertheless casts a destructive pall over the lives of gay Jamaicans. It feeds a homophobic society in which gays and lesbians are harassed, mocked, vilified, beaten and killed simply because of their sexual orientation. It encourages vigilante justice by private citizens, most of whom believe that the “anti-sodomy” law grants them permission to commit acts of violence against sexual minorities.

Driven underground, many fear that seeking an HIV test will brand them as homosexual, and therefore criminal. The national prevalence of HIV is more than 30 percent among men who have sex with men, compared to a rate of 1.6 percent in the general population. The IACHR petition establishes clear ties between the country’s active promotion of discrimination and its AIDS epidemic.

In a statement, Tomlinson said that if the Commission decides favorably “other countries in the region with similar anti-homosexuality legislation will be forced to take notice.”

“In fact, it is the conviction of AIDS-Free World that a favorable outcome will have a dramatic impact on all countries that persist in the medieval persecution of their citizens on the grounds of sexual orientation.”

A new London-based group the Human Dignity Trust, which includes a powerful group of experts of international law has set itself the task of systematically challenging the sodomy laws which remain in some 70-odd nations.

Jamaican Group Launches Anti-Homophobia PSA

Tunisia Islamists Offer Reassurance to Gays, Women, Drinkers

Read more: aids, hiv, human rights, jamaica, lgbt, Sodomy law

Picture JFLAG

Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

Tom Y.

8:56PM PDT on Nov 1, 2011

Jane B. asks, "What's wrong with sodomy anyway between consenting adults? There shouldn't have been a law against it in the first place."

The fact remains, it's medically risky behavior that's implicated in shortening the lifespans of its practitioners. Thus, it should not be encouraged. Much less taught.

send a green star

Beth M.

5:07PM PDT on Oct 31, 2011

Lose the archaic laws and allow people to live with freedom and respect.

Gila H.

5:41PM PDT on Oct 29, 2011

There's some information missing here...what exactly is the language of the law? What does it say? "Anti-gay" and "anti-sodomy" are not exactly detailed characterizations.

Judith H.

12:06PM PDT on Oct 28, 2011

noted

12:05PM PDT on Oct 28, 2011

Rob and Jay B.

3:43AM PDT on Oct 28, 2011

So happy to see the Human Dignity Trust being founded. There are still too many hateful, ignorant, countries who persecute and kill LGBT people and it is great to hear finally there is a group setting out to challenge these backward, primitive laws. Much of this is based on outdated, tribal religion.

The Commonwealth meeting in Perth is tackling the same thing since a majority of its members are among the worst violators of LGBT human rights. Let's hope they make progress as they are tackling this terrible hatemongering - finally. Progress is slow in granting freedom & human rights to LBGT people, but at least there is progress after centuries of cruelty, persecution, oppression & death.

Gloria M.

8:25PM PDT on Oct 27, 2011

Thanks for the information.

Jane B.

1:37PM PDT on Oct 27, 2011

What's wrong with sodomy anyway between consenting adults? There shouldn't have been a law against it in the first place.

Brian M.

1:09PM PDT on Oct 27, 2011

Apparently, all those one-love commercials didn't include everyone.

Cindi S.

11:36AM PDT on Oct 27, 2011

There may be hope . . . . .