GENEVA, CMC – UNAIDS Wednesday described as a “milestone for human rights” a ruling by the Eastern Caribbean Supreme Court (ECSC) declaring sections 132 and 133 of the Criminal Code in St. Lucia as unconstitutional for criminalizing consensual adult sexual acts in private.
“This triumph upholds LGBTQ+ people’s rights to protection of the law, privacy, non-discrimination, freedom of expression, and equal protection under the law, as guaranteed by the Constitution,” UNAIDS said in a statement.
UNAIDS Regional Director for Latin America and the Caribbean, Luisa Cabal, said the “landmark decision” underscores the transformative power of the law in protecting human rights and public health.
“In a region where punitive laws hindered progress towards ending AIDS, St. Lucia’s High Court has set a powerful precedent. UNAIDS stands ready to support all governments and communities in ensuring everyone can live free from discrimination and access the services they need to thrive healthily and safely,” said Cabal.
In his ruling on Tuesday, Justice Innocent struck down the laws that had criminalized same-sex relations, with offenders facing the possibility of up to 10 years in prison.
The ECSC said two sections of the island’s criminal code that banned “gross indecency” and “buggery” were unconstitutional.
The case is one of the five country strategic litigation initiatives of the Eastern Caribbean Alliance for Diversity and Equality (ECADE), which has been working closely with LGBTQ+ organizations, individuals, and allies to protect and promote the community’s fundamental human rights.
The case removes outdated, colonial-era barriers that fuel stigma, discrimination, and violence. The Court modified the laws relating to excluding private consensual acts between adults (section 132) and those aged 16 or older (section 133), paving the way for dignity and equality to be respected.
St. Lucia now joins Belize (2016), Antigua and Barbuda (2022), St. Kitts and Nevis (2022), Barbados (2022), and Dominica (2024), which have decriminalised same-sex intimacy in recent years.
UNAIDS said this chronology reflects a surging momentum against outdated laws, fostering more inclusive, rights-based societies across the region.
“The ruling in St. Lucia gives us hope, demonstrating that justice and equality can prevail and that our courts are advancing public health initiatives by protecting human rights,” said Richard Amenyah, UNAIDS Country Director for the Caribbean.
“By removing these outdated criminal provisions, we open doors for LGBTQ+ individuals to seek HIV prevention and care without fear, ultimately strengthening our regional fight against HIV and saving lives.”
UNAIDS said it champions this move as a key stride toward zero discrimination and ending AIDS by 2030.
It said that by erasing these discriminatory provisions, the ruling removes an obstacle to HIV prevention, testing, and treatment, vital in a region where gay, bisexual and other men who have sex with men and transgender women have disproportionately high rates of HIV and often are kept away from health services for fear of stigma, discrimination and criminalization.
“UNAIDS urges remaining countries where these discriminatory laws remain on the books to repeal such laws and prioritize rights-based HIV strategies for healthier futures and more equitable societies.”
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