Dominica

Lesbian, bisexual, transgender, and intersex (LBTI) people face serious issues of violence and discrimination, including hate crimes, arbitrary arrests, extortion by members of the police force, and lack of access to services and employment in Dominica. Dominica is one of the only Commonwealth States from the Americas that supported the 2011 UN Human Rights Council Joint Statement to end acts of violence based on sexual orientation and gender identity. Section 14 and 16 of the Sexual Offences Act 1998 criminalises consensual same-sex sexual conduct.

Transgender people have no legal recognition, and there is no legal or policy framework for intersex people.

Overall, there is a lack of access and protection for LBTI people on marriage equality, education, hate crimes, healthcare, justice, employment. LBTI people in Dominica are also vulnerable to HIV/AIDS, and there is no policy framework that protects them from multiple marginalisation.

Since September 2022 the High Court has been hearing a constitutional challenge from a homosexual man, who is seeking to have two sections of the Sexual Offences Act (SOA) that criminalize consensual same-sex activities ruled unconstitutional. This case may become the first robust legal challenge to end the criminalization of LGBT people in Dominica is supported by MiRiDom and the HIV Legal Network, working alongside the claimant.

In the 43rd Session, the CEDAW Committee did not provide any LBTI-focused recommendations to Dominica. The List of Issues also does not contain LBTI-specific questions.

Dominica has not submitted the state report. The Committee asked for this submission in 2010 but it was not submitted by the state party.