Dominica’s Landmark human rights win: From Courtroom Challenge to Community Empowerment
Since 2016, the Robert Carr Fund’s (RCF) long-term core support has underpinned the HIV Justice Global Consortium’s capacity to drive notable human-rights victories like the recent one in Dominica.
Powered by core and flexible funding to the HIV Legal Network (HIV Justice Global Consortium partner), the organization—together with Minority Rights Dominica (MiRiDom)— supported a strategic challenge to homophobic provisions of Dominica’s Sexual Offences Act, brought forward by an applicant who could not be named due to risks to their health and safety.
The success of these court challenges relies heavily on the willingness of community members to come forward and share their stories, under much duress and at considerable personal risk
Five years of strategic litigation, community engagement, and coalition-building culminated in 2024 when the High Court struck down sections 14 and 16—criminalizing consensual same-sex intimacy—delivering an historic win for LGBTIQ+ human rights in the Caribbean.
A Five-Year Strategic Litigation Journey (2019–2024)
In 2019, MiRiDom and the HIV Legal Network supported the constitutional challenge brought forward by the anonymous petitioner, positioning Dominica’s 1978 Constitution as the guardian of fundamental rights. Over the years, RCF’s core funding helped to cover HIV Legal Network’s overall staff time, while legal staff prepared complex submissions and gathered evidence of stigma and discrimination across the Commonwealth Caribbean. Over the next three years, the team combined courtroom strategy with grassroots sensitization, led by MiRiDom: hosting community dialogues, training local journalists, and briefing faith-community leaders on human-rights principles.
By 2022, the case reached oral hearings before the Court, the HIV Justice Global Consortium and many others mobilized global solidarity statements, spotlighting the link between criminalization, stigma, and heightened HIV vulnerability among men who have sex with men and trans people. This two-folded approach—litigation alongside narrative change resulted in the tangible change.
Strategic litigation alone cannot uproot deep-seated prejudice. RCF’s core support allowed advocates to engage in “hearts and minds” work before, during, and after the court challenge. MiRiDom convened roundtables with policymakers, health-sector leaders, and community influencers, framing decriminalization as essential for public health and human rights.
The team also facilitated a rapid response to help media outlets report responsibly and to organize townhall events in Roseau and rural parishes, where communities could discuss what decriminalization meant for everyday life.
Concrete Changes for LGBTIQ+ Dominicans
When the High Court revoked the offending sections in 2024, the legal landscape transformed overnight. LGBTIQ+ Dominicans were no longer labeled “unapprehend criminals.” Since the judgment reports of verbal aggression and street harassment have declined. LGBTIQ+ people now attend community events, patronize public spaces, and form support networks more openly and confidently. The court decision also led to improved access to health services: health-care providers can no longer invoke criminal laws to deny care or report patients, enhancing trust in public institutions.
Beyond Dominica, this judgment provides persuasive precedent for challenges across the Caribbean and adds momentum to ongoing appeals in Jamaica.
From Decriminalization to Acceptance
Legal reform marks a vital milestone, but shifting social norms requires continued investment. MiRiDom, alongside the HIV Legal Network, is now piloting sensitization campaigns in schools and on community radio. With the continued support of funders, these efforts can scale sustainably, moving the needle from mere tolerance to genuine acceptance. As Dominica charts a new course, communities once marginalized now stand empowered to claim their rights—and the blueprint forged here offers hope to LGBTIQ+ people across the Caribbean.