Dominica
In a landmark ruling on April 22, 2024, the High Court of Dominica decriminalized consensual same-sex relations, striking down colonial-era laws that criminalized such conduct.
Prior to this ruling, Dominica's Sexual Offences Act imposed penalties of up to 10 years' imprisonment for 'buggery' and up to five years for 'gross indecency,' both understood to criminalize consensual same-sex conduct. These provisions were remnants of British colonial law and were rarely enforced but contributed to stigma and discrimination against LGBTQ individuals.
The court found that these provisions violated the rights to liberty, freedom of expression, and protection of personal privacy as enshrined in Dominica's Constitution. Justice Kimberly Cenac-Phulgence stated that the laws infringed upon individuals' rights to choose their intimate partners and engage in consensual sexual activity in private.
This ruling aligns Dominica with other Caribbean nations that have recently decriminalized same-sex conduct, including Antigua and Barbuda, Saint Kitts and Nevis, and Barbados. Human rights organizations have hailed the decision as a significant step toward equality and non-discrimination in the region. The government has indicated its commitment to upholding the court's decision and ensuring that all citizens' rights are respected.
