Grenada

Legal Code Summary

Criminal Code of 1987

Legal Code Text

Article 431 - “If any two persons are guilty of unnatural connexion, or if any person is guilty of an unnatural connexion with any animal, every such person shall be liable to imprisonment for ten years.”

Article 430 - “Whoever publicly and wilfully commits any grossly indecent act is guilty of a misdemeanour.”

ILGA Analysis & Notes

At its 1st cycle UPR in May 2010, Grenada received five recommendations to decriminalise same-sex sexual relations, all of which it refused. However, it did note that the current law “could be viewed as discriminatory”, and with time “growing tolerance on the part of the people would help in addressing this issue”, which would have to be deliberated by the Cabinet. It was noted that there was no discrimination in the provision of health and other services in that regard (para. 26). In January 2015, Grenada’s 2nd cycle UPR concluded. The State had received 16 recommendations that were SOGI-related, mostly concerning decriminalisation, but also non-discrimination in services and the protection of LGBT human rights defenders. Each of these were rejected (‘noted’), and in the interactive dialogue, the State explained that it had been looking at discrimination against LGBT people in the context of Constitutional provisions, but a platform of public consultations is now advised to consider legislative provisions regarding workplaces, as Constitutional ones may fail to adequately gain public support (para. 35). Grenada’s next UPR is in October 2019. As a member of the General Assembly of the Organisation of American States (OAS), Grenada has joined the resolutions on Human Rights, Sexual Orientation, and Gender Identity and Expression adopted by this body since 2008 (the list of all OAS-GA Resolutions since 2008, among other resources, is available here). In October 2014 Groundation Grenada Directors presented at the National Consultation on Constitution Reform, proposing an expansion of the bill of rights of Grenada to include protections for LGBT People. In late-September 2015, a three-day conference was organised by the Organization of Eastern Caribbean States (OECS) around the possibility of using litigation to move the laws in the region. In October 2015, a public hearing was held at the Inter-American Commission on Human Rights (IACHR) at the request of Groundation Grenada and GrenCHAP on the subject of same-sex sexual relations and the law. In October 2016, the Government announced that it would postpone the referendum for a new Constitution amid growing concerns raised about one of the bills to be voted, which was said to allow for recognition of gay relationships. Grenada’s Attorney General had to clarify that the Rights and Freedoms Bill would not introduce same sex marriage in the island.