A copy of the Jamaica Constitution
July 10, 2026
Setting the record straight
Dear Editor,
In a Jamaica Observer article published on July 9, 2026 titled ‘Buggery battle goes to Privy Council’, it is stated that Jamaica has a similar savings clause to Trinidad and Tobago, in that Section 26(8) “protects pre-Independence laws from being invalidated by the modern Charter of Fundamental Rights”.
Please note that Section 26(8) was deleted from the Jamaica Constitution by the Charter of Fundamental Rights and Freedoms; however, with respect to the particular subject of the report, the constitutional position is virtually the same because the new Section 18 of the charter preserves laws which restrict sexual relationships.
Lloyd G Barnett
Attorney-at-law
dr.lgbarnett@gmail.com
