Submission 12

Sent: Tuesday, September 20, 2022 2:46 PM
To: ConstitutionalReform
Subject: Submission for Review

Dear sir,

I submit the attached submission for the consideration of the Commission on Review of the Constitution of Barbados.

With reference to the Report on the Constitution Review in 1998, under Gender Rights 7.12, and I quote "The Commission agreed that the category of gender should be included in the definition of

"discriminatory" in an amended Constitution. However, the majority of the Commission was not satisfied that a convincing case had been made out for the inclusion of "sexual orientation" as a category of description meriting special constitutional protection". It was noted that Commissioner Melanie Newton, who incidentally was the youngest member of the Commission, had a dissenting view.

Allow me to revisit the categories accepted as reasonable for protection under Section 23 of the Constitution. They are, the grounds of "race, place of origin, political opinions, colour or creed". I venture to suggest that even in 1998, and certainly not in 2022, none of those categories evoked as much discrimination as did, either real or perceived, sexual orientation.

Although no longer active in the field of HIV which was the field from which I believe this submission was made on the last occasion, I continue to be concerned about the effects of discrimination on people in general, but this group of people in particular. My concern relates to the public health consequences, including the mental health issues, which continue to drive people and their behaviours underground.

In Section 7.9 of the Constitution, which refers to the provisions of that section, it states in paragraph

(b), that "no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of any public office or any public authority." If there is no written law referring to 'sexual orientation·, I am therefore presuming that there are currently no legal grounds for protection from discrimination in this area.

In short legislators/politicians of both parties have had little appetite for dealing with the issue of sexual orientation.

I have recently read, to my shock and indeed embarrassment, that there are in fact, several cases of Barbadians seeking asylum in Canada because of discrimination due to their sexual orientation. In 2022, this has to be considered as a stain on our reputation as a country which certainly must abhor discrimination in any form.

I therefore humbly submit that this Commission reconsider the inclusion of 'sexual orientation' as a category of description requiring special protection in the Constitution.