the barrister
27
currently before the European Court.
but it is one tool being used by a
Commonwealth Criminal Law (2011) at
Two cases have been lodged before
movement seeking to bring that figure
25-26.
the
on
of 80 per cent of the Commonwealth
4 National Coalition for Gay and Lesbian
Human Rights to challenge Jamaica’s
criminalising homosexuality into the
Equality v Minister for Justice, South
criminalisation of same-sex relations.
same decline that colonialism itself
African Constitutional Court, CCT 11/98
They will be the first-ever cases on
faced so many years ago.
(1998).
Inter-American
Commission
criminalisation of homosexuality in the Inter-American system.
5 UNAIDS, Global Report on the AIDS 1 Though only for men over the age of 21.
Epidemic (2008).
It was over 30 years later, with passage
6
of the Sexual Offences (Amendment)
contextual review of HIV epidemics
Act 2000, that the age of consent was
in black men who have sex with men
British colonialism, imbued as it was
equalised to 16 for both heterosexual
across the African diaspora, Vol. 380,
with
and homosexual intimacy. The final nail
Issue 9839, pp. 411-423 (28 July 2012)
CONCLUSION
Victorian
continues
to
puritanical
govern
the
values, lives
The
Lancet,
Common
roots:
a
of
in the coffin of criminalisation came
7 Communication No. 488/1992, CCPR/
hundreds of thousands of LGBT people
10 years ago when the current Sexual
C/50/D/488/1992 (1994).
around the Commonwealth. As such,
Offences Act 2003 repealed the offence
8
the Commonwealth, as an institution,
of homosexual sex "when more than
Application no. 7525/76 (1981)
remains both significantly implicated in
two persons take part or are present".
9 Norris v Ireland, Application no.
the persecution they face and key to its
2 The others being mainly societies
10581/83 (1988).
eventual eradication.
influenced by the Sharia law of Islam.
10 Modinos v Cyprus, Application no.
3 The Hon. Michael Kirby, The Sodomy
15070/89 (1993)
Litigation is a blunt instrument and
Offence:
cannot guarantee to change attitudes,
Criminal Law Export? 22 Journal of
England’s
Least
Dudgeon
v
United
Kingdom,
Lovely
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