IACHR urges Trinidad and Tobago to respect LGBTI persons' rights and guarantee non-discrimination

May 9, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) expresses concern over the recent decision of the Court of Appeal of Trinidad and Tobago reinstating legal provisions that criminalize consensual sexual relations between adults of the same sex, which had been previously repealed by a first instance Court decision in 2018. The IACHR reiterates that such laws are incompatible with international human rights standards—particularly the rights to privacy, equality, and non-discrimination—and have a profoundly discriminatory impact on the lives of lesbian, gay, bisexual, trans, intersex (LGBTI) and gender diverse persons.

On March 25 the decision of the Court of Appeal overturned the 2018 ruling by the High Court in the case of Jones v. Trinidad and Tobago, which had declared Sections 13 and 16 of the Sexual Offences Act unconstitutional, illegal, null, void, and of no effect insofar as they criminalized consensual sexual conduct between adults. That earlier decision had been welcomed by the IACHR as a step toward equality and non-discrimination. With the recent appeal ruling, the offences of buggery and gross indecency remain in effect. Buggery is now punishable by up to five years' imprisonment, and gross indecency by up to two years' imprisonment.

Laws criminalizing consensual same-sex intimacy between adults are incompatible with the principles of equality and non-discrimination under international human rights law. The criminalization of conduct intrinsically linked to rights recognized by international standards constitutes a violation of the principle of legality. Furthermore, laws targeting private, consensual same-sex relations violate the rights to privacy and non-discrimination, regardless of whether they are enforced or whether a person has been subjected to investigation, trial, or sanction. 

The Commission further notes that even when laws that criminalize same-sex intimacy are not generally applied, their mere existence contributes to a climate of discrimination that promotes stigma and prejudice against LGBTI persons. Maintaining such laws, even if unenforced, legitimizes prejudice, fuels discrimination and violence, and impedes access to other human rights.

The IACHR calls upon all branches of the State to act within their competencies to protect the rights of LGBTI persons and promote cultural shifts towards democracies respectful of human rights and diversity. The Commission reiterates its willingness to cooperate with the State and civil society to achieve these ends.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 095/25

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