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Lesbian, bisexual, transgender, and intersex (LBTI) people in Saint Lucia face legal, social and economic barriers to full inclusion and enjoyment of their human rights. The Constitution of Saint Lucia protects all individuals from violations of their personal security, freedom of expression, family life, privacy, movement, and deprivation of property, but does not include a definition of discrimination that is inclusive of sexual orientation or gender identity.
Consensual same-sex conduct and acts are criminalised in Saint Lucia, according to Section 132 (gross indecency) and 133 (buggery) of the Criminal Code No.9 (2004). Although these laws do not explicitly mention gender identity or expression, law enforcement officials often conflate gender identity with sexual orientation, and, as such, these laws are also used to criminalise gender identity and expression which strays from the assigned norm. There is no explicit recognition and protection of the rights of intersex people in Saint Lucia.
Article 131 of the Labour Code (2006) bans “unfair dismissal” based on sexual orientation. Saint Lucia adopted Rule 7(1) of the Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules, 2019, that provides for the aggravation of penalties when offences are committed because of the victim’s sexual orientation.
In December 2008, Saint Lucia was the only UN member in the Americas to formally oppose the Declaration to the General Assembly that affirmed international human rights protections for sexual orientation and gender identity and condemned rights abuses against lesbian, gay, bisexual, and transgender people.
The last CEDAW State party report was submitted in 2006 and contained no LBTI specific information.
The State party, during its first Universal Periodic Review (UPR) in 2011, rejected recommendations to decriminalise consensual same-sex sexual relations between adults but did accept a recommendation to condemn acts of violence against LBTI people.
In its second UPR, Saint Lucia noted the recommendations to decriminalise consensual same-sex sexual relations, which demonstrated the State party’s receptiveness towards the LBTI community, but did not commit to a comprehensive legislative change.
In the 43rd Session, the CEDAW Committee did not provide any LBTI-focused recommendations to Saint Lucia. The List of Issues also does not contain LBTI-specific questions.
The pressing LGBTI+ human rights challenges of our day can only be solved through collaboration, whether that be with grassroots or international human rights organisations, governments and funding bodies – and people that really care, like you.
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