The Privy Council has ruled that Trinidad and Tobago’s Sexual Offences Act cannot be used to criminalise private, consensual sexual relations between adults of the same sex.
In a judgment delivered on Tuesday, the Privy Council allowed an appeal by Jason Jones, finding that sections 13 and 16 of the Sexual Offences Act infringe his constitutional rights, particularly the right to respect for private and family life.
“Sections 13 and 16 of the SOA 1986 infringe Mr Jones’ fundamental rights and must be interpreted subject to the Constitution so as to make it clear that they do not apply to criminalise private, consensual sexual relations between adults of the same sex.”
The Privy Council also dismissed the Attorney General’s cross-appeal, ruling that the provisions are neither protected as existing law under the Constitution nor reasonably justifiable in a society that respects individual rights and freedoms.
The Board has invited further written submissions before making its final order on the appropriate remedy.
Mr Jones was represented at the Privy Council by Anand Ramlogan SC of Freedom Law Chambers, Amanda Clift-Matthews, Peter Laverack, Ganesh Saroop and Kate Temple-Mabe, with Travers Smith LLP acting as instructing solicitors.
Freedom Law Chambers has since welcomed the decision as a landmark victory for gay rights, equal dignity and respect for private and family life in Trinidad and Tobago, describing it as “a phenomenal victory”.
The law firm said the ruling not only overturned the Court of Appeal’s decision and restored the judgment of trial judge Justice Devindra Rampersad, but also dismissed the Attorney General’s cross-appeal, which sought to have the provisions protected on the basis that they were passed with a special parliamentary majority.
Freedom Law Chambers also congratulated Mr Jones on his courage and perseverance, saying his determination, in the face of harassment, violence and fear of arrest, had secured a decision affirming the constitutional protection of an intimate and fundamental part of human life.
The firm also noted that the Board referred to decisions from Belize, Antigua and Barbuda, St Christopher and Nevis, Barbados, Dominica and Saint Lucia as demonstrating a clear regional trend towards acceptance and non-criminalisation.
“Its reasoning will make an important contribution to the development of human-rights protection across the Caribbean, subject to each jurisdiction’s Constitution and laws.”
Freedom Law Chambers said Trinidad and Tobago’s national anthem promises that “every creed and race find an equal place”, adding that this principle of belonging must embrace every member of the national community, as “every person deserves to live with equal dignity and respect”.