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Bugger Off! AIDS-Free World’s Challenge to Jamaica’s Anti-sodomy law at the Inter-American Commission on Human Rights.

Bugger Off! AIDS-Free World’s Challenge to Jamaica’s Anti-sodomy law at the Inter-American Commission on Human Rights. Maurice Tomlinson Legal Advisor, Marginalized Groups Ending Criminalization Symposium: July 23, 2012. Rationale for Decriminalization of Sodomy.

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Bugger Off! AIDS-Free World’s Challenge to Jamaica’s Anti-sodomy law at the Inter-American Commission on Human Rights.

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  1. Bugger Off! AIDS-Free World’s Challenge to Jamaica’s Anti-sodomy law at the Inter-American Commission on Human Rights.

    Maurice Tomlinson Legal Advisor, Marginalized Groups Ending Criminalization Symposium: July 23, 2012
  2. Rationale for Decriminalization of Sodomy Impossible to “Know your epidemic; Know your response” when most at risk individuals are driven underground as “unapprehended criminals.” The government can not legitimately reach out to MSM without breaking its own law. Anti-sodomy law legitimizes systemic discrimination. Decriminalization must be followed by Anti-Discrimination legislation.
  3. Jamaican Anti-Sodomy Law- Offences Against the Person Act (1864) Section 76 provides for up to a 10 years prison sentence at hard labourfor all forms of anal intercourse, even if between consenting adults in private. Section 77 provides for up to 7 years at hard labour if 2 males attempt anal intercourse. Section 79 provides for up to 2 years, with or without hard labour, if males engage in any public or private acts of “gross indecency” with each other. This includes privately kissing or holding hands. S. 13 (12) of the Charter of Fundamental Rights and Freedoms “saves” the anti-sodomy law from a constitutional challenge, even though it violates constitutional rights, including privacy and expression.
  4. . Level of Jamaican Homophobia -2011 University of the West Indies Study.
  5. .
  6. On August 17, 2011, an assailant attacked this young man because of his perceived sexual orientation.
  7. Law justifies Cultural Homophobia
  8. AIDS-Free World Responses to Jamaican Homophobia First legal challenge to Jamaica’s anti-sodomy law Tolerance Public Service Announcements Homophobia and HIV Documentary High Level Diplomacy Public Events Letters to the Editor National Survey of Attitudes and Perceptions of Jamaicans Towards Same Sex Relationships.
  9. “Stand for Tolerance” to increase visibility of homosexual Jamaicans and to explain the link between homophobia and HIV.
  10. Meeting with Jamaican Ambassador to OAS about LGBT rights.
  11. Rights in the American Convention violated by the anti-sodomy law. Life Privacy Humane Treatment Freedom of Expression and Association Rights of the Family Freedom of Movement and Residence Right to Participate in Government Right to Health
  12. Structure of Litigation Pro-bono and contracted international legal team researched and documented how the anti-sodomy law violates human rights found in the American Convention. Fortunate to have Jamaican/British barrister/attorney-at-law, Lord Anthony Gifford who successfully argued Dugeon v UK before the European Court of Human Rights. Amicus Briefs received from various groups. Declarations from key stakeholders such as UNAIDS. Litigation was supported by a detailed Q & A, press conference and media interviews.
  13. Addressing Some Challenges Finding a petitioner: Documentation Project identified 2 suitable individuals. Ensuring Petitioners safety: IACHR Precautionary Measures secured and petitioners’ identities suppressed. Getting support from local groups: Numerous information sessions held. Cost: Invaluable pro-bono legal support received.
  14. Likelihood of Success 5 OAS Resolutions on Human Rights, Sexual Orientation and Gender Identity call for an end to discrimination. IACHR established a LGBT unit. Karen Atala v Chile: Inter-American Court includes sexual orientation as a protected class under American Convention.
  15. The Way Forward Still awaiting hearing date. Continuing with high level advocacy, e.g., met with Minister of Justice and Justices of the Supreme Court. Will use the IACHR recommendation to continue pressing for repeal of the law. Working for tolerance and cultural shift through public events, PSAs, letter writing, media interviews, etc.
  16. Positive Results of Our Advocacy Supportive editorials in Jamaican papers. Pro-gay statement by new Jamaican Prime Minister and President of the Senate. Documentation of homophobic abuses (300% increase) recorded by J-FLAG between 2009 and 2011. Coca-Cola apologizes for sponsoring “murder music” and issues new sponsorship policy. International Recognition.
  17. During Dec. 2011 election debate, new Jamaican Prime Minister promises to call for Parliamentary conscience vote to review anti-sodomy law.
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