The plaintiffs argue that Jamaica has violated international human rights laws committed to through treaties, including the American Convention on Human Rights, by allowing homosexual activities to remain criminally punishable. Jamaica no longer enforces their “anti-sodomy” law, but potentially it could be revived and used as long as it remains part of the nation’s legal codes.
Articles 76, 77, and 79 of the “Offences Against Person Act” of Jamaica all provide means for the prosecution of male on male sexual activity including “buggery”, “assault”, and “gross indecency”. The fact that Jamaican law defines male homosexuality in such terms should be enough for deletion. How can a sexual minority progress in a society that views them so negatively? They can’t.
Unfortunately, many nations sign human rights treaties and don’t follow them. Why? Because there is no means of enforcement, and countries like the United States are not going to march into other nations to protect homosexuals. Let’s hope the Jamaican courts have some morals and a progressive attitude.