Trinidad and Tobago
Mr Jones is a homosexual man. He sought a declaration that sections 13 and 16 of the Act infringe his fundamental rights under the Constitution. Section 13 of the Act prohibits “buggery”. Section 16 prohibits “sex acts” other than sexual intercourse. Section 16 makes an exception to this prohibition for sex acts carried out in private between a male and a female who are both over the age of 16 and consent to the act. Mr Jones sought a declaration that sections 13 and 16 of the Act are unconstitutional. Mr Jones argued that these sections infringe his right to respect for his private and family life, his right to liberty and security of the person, his right to equality before the law and the protection of the law, his right to freedom of thought and expression, and his right not to be subjected to cruel and unusual treatment or punishment. At first instance, the judge held that sections 13 and 16 of the Act were unconstitutional. The Court of Appeal overturned the decision of the High Court. Mr Jones now appeals to the Judicial Committee of the Privy Council.
