WASHINGTON, United States (CMC) — The Inter-American Commission on Human Rights (IACHR) has urged Caribbean nations that continue to uphold laws criminalising same-sex relations to repeal them. This call follows the IACHR’s support for last month’s ruling by the Eastern Caribbean Supreme Court (ECSC), which found the criminalisation of consensual same-sex relations between adults in St Lucia to be unconstitutional.

The IACHR, an autonomous body of the Organisation of American States (OAS), said that with this decision, St Lucia joins other countries whose courts have struck down criminalisation provisions as human rights violations.

In 2021, litigants Randall Theodule, Vernon Bellas and United and Strong Incorporation filed a claim against the St Lucia Government, contending that sections 132 and 133 of the Criminal Code, criminalising buggery and gross indecency with a penalty of up to 10 years’ imprisonment, were inconsistent with various constitutional rights protected under the constitution.

The ECSC, in its ruling on July 29, found that the legislation which criminalised same sex consensual acts contravened the rights to protection of the law, privacy and discrimination, among others.

The court also found a probable link between these laws and prejudice-based crimes against persons with diverse sexual orientations.

The IACHR said that legislative provisions that criminalise private consensual same sex relations are against international human rights standards, as they violate human dignity, privacy and freedom of expression.

“The IACHR has noted that even when these laws are not enforced, they have a negative impact on society, as they foster prejudice, encourage acts of violence, enable a culture of impunity and are used to justify the arbitrary arrests, detention and even torture of LGBTI persons.”

The IACHR said that in 2020, it emphasised that such criminal prohibitions interfere in aspects related to the private lives of individuals on the basis of a protected category of the American Convention without reasonable justification, in violation of human rights standards.

“Furthermore, they constitute barriers for persons with non-normative sexual orientations and gender identities to access other rights, such as freedom of association, freedom of expression, health, employment, and access to justice, among others.”

The human rights body said that out of the 13 member states in the Caribbean, only five continue to criminalise consensual sexual relations between same sex adults.

“This highlights a positive trend in which most OAS member states are moving towards decriminalisation,” the IACHR said, calling upon those states that still maintain criminalising legislation to repeal the laws that facilitate the persecution of LGBTI persons.

“Further, all states of the region are urged to take concrete actions to protect the rights of LGBTI persons and to continue advancing their social inclusion and real equality by promoting cultural shifts towards democracies respectful of human rights and diversity,” the IACHR said, adding that it reaffirms its commitment to states and civil society organisations to assist in the processes to create a legal framework that protects LGBTI persons from all forms of violence and discrimination.