Barbados-29th Session, January 2018-Discrimination based on gender identity , Discrimination based on sexual orientation

Para 46) The Inter-American Commission on Human Rights expressed concerns about the criminalization of consensual same-sex sexual relations. It noted that that the proposed “Charter of Barbados” included protection against discrimination on the grounds of gender and sexual orientation. It also observed the persistent challenges with the so-called conversion therapies, which generally were carried out clandestinely, and constituted a serious violation of human rights and cause mental, physical, or sexual harm to those individuals. Para 47) JAI noted that at its third universal periodic review cycle, Barbados had declined to support numerous recommendations on LGBTQ+ rights and discrimination, and that Barbados had maintained laws that criminalize consensual same-sex adult sexual relations. HUMB affirmed that the Sexual Offences Act 1992, Chapter 154, Section 9, continued to provide that “Any person who commits buggery is guilty of an offence and is liable on conviction on indictment to imprisonment for life” and established one of the most severe punitive measures for sodomy in the Commonwealth. It added that while the government had maintained that the “buggery” law was not enforced in practice, it had also demonstrated a reluctance to abolish the law, citing religious, cultural and societal opposition. It has led to several other issues, including a historic lack of anti-discrimination laws and hate crime protections, and a lack of data and statistics on violence against LGBTI+ people. Para 48) HUMB noted that the Employment (Prevention of Discrimination) Bill, 2020 was passed, which outlawed discriminatory acts such as bias on the grounds of race, age, sexual orientation, marital status, and disability; however, it did not include or mention anything in relation to gender identity or discrimination against those with HIV/AIDS.