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Trinidad and Tobago - March 2025

Court of Appeal overturns landmark ruling for LGBTQIA+ rights

On 25 March, Trinidad and Tobago’s Court of Appeal overturned a 2018 High Court ruling that had declared parts of the Sexual Offences Act criminalizing consensual anal sex between adults unconstitutional. The original case was brought by Jason Jones, a UK-based LGBTQIA+ activist from Trinidad and Tobago, who argued the unconstitutionality of section 13 and 16 of the Sexual Offences Act, claiming they violated his rights to privacy, belief, and expression. The Appeal Court ruled that the law is protected by the Constitution’s ‘savings clause’, which shields colonial-era laws from legal challenges, even if they conflict with current human rights standards. The judges stated that changing the law is Parliament’s responsibility and noted that sections 13 and 16 have never been enforced. LGBTQIA+ advocates called the decision a major setback and a failure of the justice system to protect its population. Jones has announced his plans to appeal to the Judicial Committee of the Privy Council, which remains the highest court of appeal for Trinidad and Tobago.

Sources: The Guardian, Trinidad Express, Global Voices 

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