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Gay laws in jamaica

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While the island nation is known for its vibrant culture and picturesque landscapes, it has also faced challenges regarding LGBT rights, with anti-LGBT laws and a history of violence and discrimination against the community.

For local LGBTQ+ individuals, the situation can be difficult, as evidence of discrimination and violence persists.

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In dropping the legal challenge, the petitioner cited threats against himself and his family.

In June, the country noted it could not join the consensus on the approval of an OAS resolution on sexual orientation, considering that: “the terminology of gender expression, as proposed, is ambiguous and has the potential to impose one value system over another.

Following almost a decade of litigation, the Commission found in favour of the complainants and their claim challenging the criminalisation of LGBT people in Jamaica, in the first-ever decision of its kind from the body. Two of the judges who adjudicated the matter did, however, indicate their concern that the savings law clause prevented the Supreme Court from fulfilling its role of examining violations of fundamental rights under the Constitution.

This registration can lead to additional penalties, such as a fine of J$1 million and a twelve-month prison sentence if the convicted individual fails to carry a required pass.

Absence of Legal Recognition and Protections

Jamaica’s legal framework does not provide for the recognition of same-sex relationships. View our Privacy Statement for more details.

Prioritizing your safety while also advocating for the rights and well-being of LGBT individuals in Jamaica will contribute to a more inclusive and accepting future for all.

History Of LGBT Rights In Jamaica

The origins of LGBT rights in Jamaica can be traced back to the Buggery Law of 1861, which was liberalized in England in 1967.

Guyana criminalises same-sex sexual activity between men. They were then assaulted and left bleeding on the pavement, and were subsequently treated at Kingston Public Hospital for injuries to their lip, eye and back.

2019

In September, the LGBT community was denied use of the Montego Bay Cultural Center for as part of Montego Bay Pride, on the basis that a government building could not be used to hold a function supporting ‘same-sex marriage’.

The decision was made by the Commission on 28 September 2019 but remained strictly confidential under their orders until 17 February 2021.

The Jamaican claimants in the case, Gareth Henry, a gay man living as a refugee in Canada, and Simone Edwards, a lesbian who was also forced to flee the country, had argued that sections of the Offences Against the Person Act 1864 – a British colonial-era law that outlaws the ‘abominable crime of buggery’ and acts of ‘gross indecency’ with punishments of up to ten years in prison with hard labour – violate their rights and legitimise violence towards the entire LGBT community in Jamaica.

The Commission makes comprehensive and wide-ranging recommendations to the government of Jamaica, including to:

Repeal the sections of Offences Against the Persons Act that criminalise private, consensual same-sex activity between adults.
Adopt or adapt legislation in order to prohibit and punish discrimination on the basis of sexual orientation, gender identity or expression or bodily diversity.
Carry out the collection and analysis of statistical data in a systematic and disaggregated manner, regarding the prevalence and nature of violence and discrimination on the basis of sexual orientation, gender identity or expression or bodily diversity.
Conduct periodic and sustained training for all Jamaican public officials particularly judges, prosecutors, public defenders, and education, health and employment sectors, on sexual orientation, gender identity or expression or bodily diversity.

gay laws in jamaica

This report examines the status of sexual offences legislation in the Commonwealth Caribbean and Americas, assessing good practice and identifying where there are gaps in protection, with a particular focus on women, children, LGBT+ people and people with disability.

A discussion on the implication of the decision of the Inter-American Commission on Human Rights in Henry & Edwards v.

The Human Dignity Trust has supported LGBT Jamaicans to challenge the criminalisation of same-sex sexual activity. Despite this, caution is still essential for everyone within the LGBT community.

To protect yourself while exploring Jamaica, consider taking the following steps:

Be mindful of public displays of affection, as these may draw unwanted attention.
Endeavor to stay in LGBT-friendly accommodations that prioritize the safety of their guests.
Connect with other LGBT travelers and locals through social media or meetups to gather firsthand advice.
Refrain from discussing your sexual orientation or gender identity with strangers unless you feel entirely safe doing so.

It’s essential to remember that situations can change rapidly, and information may be outdated.

The mob attacked them in a popular shopping venue in Kingston in order to “cleanse” the premises.

In July, the Jamaican Court of Appeal began hearing an appeal filed by activist Maurice Tomlinson, challenging national television stations that refused to air a “tolerance ad” promoting the human rights of LGBT people.

In October, a man was stabbed in a mob attack.

Despite the progress made, discrimination and violence against the LGBT community continues.

For tourists and locals alike, the environment surrounding LGBT rights can differ dramatically. No liability can be accepted for any use of the information in this website and/or links from it.

Over 60 countries still criminalise LGBT people.

This law is still in force today under the Offences Against the Person Act (1864). Despite criticism towards the government’s approach to these issues, it’s important to note that the situation can evolve rapidly, and staying informed with the latest information is essential.

In contrast to Jamaica, Haiti, while not having legalized same-sex marriage, does not criminalize same-sex relations, and there is a lesser degree of societal discrimination against the LGBT community.

This sentence may be imposed with or without hard labor, depending on the court’s discretion.

A conviction for “gross indecency” between male persons under Section 79 can result in imprisonment for up to two years, also with or without hard labor.