EditorialLocal News Protect all citizens’ rights. All. by Barbados Today 14/08/2024 written by Barbados Today 14/08/2024 4 min read A+A- Reset Share FacebookTwitterLinkedinWhatsappEmail 1.1K The ruling against transgender woman Alexa Hoffman by the Employment Rights Tribunal underscores a critical gap in our legal system, leaving transgender citizens vulnerable to discrimination. This gap is particularly glaring in light of the nation’s recent progress on LGBTQ+ rights, most notably the landmark High Court decision in December 2022 that decriminalised consensual same-sex relations. That ruling marked a significant milestone in a long journey towards equality. The High Court struck down sections 9 and 12 of the 1992 Sexual Offences Act, which had imposed severe penalties – up to life imprisonment for men and up to 10 years for both men and women – for consensual same-sex intimacy. These laws, vestiges of the colonial past, had long served to legitimise bias and discrimination against LGBTQ+ Barbadians, even as successive administrations boasted of non-discrimination by dint of non-enforcement. LGBTQ+ people like Alexa Hoffman have long known a different reality. The High Court case, brought by two courageous LGBTQ+ advocates successfully argued that these laws violated constitutional rights to privacy, liberty, equal protection, freedom of expression, and freedom from discrimination based on sexual orientation. This decision aligned Barbados with a growing Caribbean movement, following similar rulings in Antigua and Barbuda and Saint Kitts and Nevis earlier that year. The decriminalization ruling was doubtless a crucial step forward. But the Hoffman ERT case reveals that there is still much work to be done. Our current legal framework fails to recognise transgender identity or provide safeguards against discrimination based on gender identity. This oversight allowed Hoffman’s employer to dismiss her without consequence, simply for being who she is – a situation that runs counter to the spirit of progress embodied in the 2022 ruling. Some may argue that Barbados’ traditional conservative values preclude accepting transgender individuals. But Barbados has already demonstrated its capacity for progress and its commitment to human rights through the decriminalisation of same-sex relations. Other Barbadian values run far deeper than legal precedent – tolerance, respect for human dignity, fairness, and equal opportunity. These values demand that this progress continue. True conservative principles include protecting individual liberty and limiting government overreach into personal matters. Extending basic protections to transgender Barbadians is entirely consistent with these ideals and with the trajectory set by the High Court ruling. You Might Be Interested In #BTEditorial – Goodbye 2018, Hello 2019 #BTEditorial – Sleeping and turning our cheeks on crime #BTEditorial – Let’s get serious about our waste management The Employment (Prevention of Discrimination) Act, passed in August 2020, prohibits workplace discrimination based on sexual orientation. But here is where the rubber fails to meet the road – it falls short by not including protections for gender identity. It is a glaring omission that must be addressed to ensure comprehensive protection for all LGBTQ+ Barbadians. The new republic must now act to build on the foundation laid by the judiciary. Explicit protections for gender identity and expression in its anti-discrimination laws would be an important start. Workplaces, schools, and public spaces should be free from harassment and bias against transgender individuals, just as they should be for Barbadians, gay and straight. As the Employment Rights Tribunal itself noted in the Hoffman case, Barbados is an evolving society. These laws must continue to evolve to reflect our highest ideals and to protect all citizens. If we eschew judgementalism and embrace compassion and fairness for all, an entire nation will strengthen the entire fabric of its society. Legal protections for transgender individuals are crucial; broader constitutional reforms to safeguard human rights for all are essential. Two key areas deserve attention: the establishment of an independent Human Rights Commissioner and the inclusion of explicit anti-discrimination language in the future republican constitution. Just as employment rights have a watchdog in the ERT, a human rights commissioner would serve as a dedicated watchdog to uphold the Bill of Rights enshrined in the Constitution of Barbados. Such a commissioner would investigate alleged violations, advocate for marginalised groups, and ensure that the government’s actions align with constitutional obligations. Such a role would provide a vital mechanism for accountability and offer recourse to citizens whose rights have been infringed, including those like Alexa Hoffman. But there is a line that unites transgender people with Rastafarians seeking to observe religious rituals and with those who suffer from police brutality and extrajudicial violence. We continue to hope that in our transition to a republic, we take up this unique opportunity to strengthen human rights protections in its new constitution and set a new, higher standard in the Caribbean. There must be more explicit anti-discrimination language that covers a comprehensive range of protected characteristics, including gender identity and sexual orientation. This would provide stronger legal grounds for cases like the Hoffman case and send a clear message about our collective commitment to equality and human rights for all citizens. They would also create a more robust framework for human rights, ensuring that the nation’s laws and institutions are fully equipped to protect the dignity and equality of all Barbadians, regardless of their gender identity or sexual orientation. We have shown maturity and leadership in the region by decriminalising same-sex relations. Barbados now has another opportunity to lead by affirming the rights and dignity of its transgender citizens. It can do so by standing up for comprehensive LGBTQ+ rights, including durable protections. Barbados Today Stay informed and engaged with our digital news platform. The leading online multimedia news resource in Barbados for news you can trust. 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