CAISO hails Belize ruling

Benjamin also ruled that the definition of “sex” in the Belize Constitution must include sexual orientation, in line with Belize’s international obligations.

Ruling in a constitutional case brought by LGBT advocate, Caleb Orozco, CJ Benjamin said section 53 of the Code is inconsistent with the Belize Constitution as it violates the right to human dignity, privacy, freedom of expression and non-discrimination and equality before the law.

CAISO head, Colin Robinson, said the ruling is a landmark decision that could influence courts elsewhere in the Caribbean, although specific obstacles exist to a revision of TT’s law.

“It’s an incredible day to be a Caribbean citizen,” effused Robinson.

“These are Caribbean advocates and Caribbean institutions that have delivered these judgements.” He saw the judgement and the advocacy leading to it as being part of nation building to include all persons. While the decision was made in Belize locally by their Supreme Court and while TT is not a member of the Caribbean Court of Justice (CCJ), Robinson said the ruling is useful for other courts adjudicating similar issues. “It outlines principles that other courts could look to.” Asked why the case was won here and now, Robinson identified at least two factors. Firstly he said the case was done by strategic litigation. “It was not a case where someone just woke up one morning and decided to bring a case. It was well thought out. The best legal minds in the region and activists worked together.