The LGBTI+ Litigators Network of the Americas celebrates significant progress for the rights of LGBTI+ people in the Dominican Republic and Latin America. This is the first pronouncement of the Dominican Constitutional Court that directly addresses discrimination based on sexual orientation.
The Court declared the articles unconstitutional 210 y 260 of the Justice Codes of the National Police and the Armed Forces. These punished with up to 2 years in prison for police and soldiers for having sexual relations with people of the same sex. With this decision, The Court stated that: “No rule issued by state authorities or by individuals can in any way diminish or restrict the rights of a person based on their sexual orientation.”, because it is an essential aspect of intimacy and the free development of the personality.
The sentence TC/01225/25 of the 18 of November responds to the unconstitutionality action presented in the 2024 by the lawyer Anderson Dirocie De Leon, member of the Litigators Network, together with the lawyer Patricia Santana. From the Network we provide various friend of the court with arguments based on constitutional analysis, of comparative law and international standards for the protection of human rights that demonstrated that the questioned regulations were discriminatory and contrary to human dignity.
A decision that protects privacy, dignity and working life
In his analysis, The Court concluded that the questioned regulations are based on “a discriminatory and stigmatizing conception” and that the sanctions they imposed were not related to the legitimate purposes of police or military discipline.. He also emphasized that they invade private life, They restrict the free development of personality and affect the right to work of those who make up the Police and the Armed Forces..
The message is clear: sexual orientation cannot be used as a reason to punish, discipline or expel any person, given that they are essential aspects of intimacy and the free development of personality.
A precedent that strengthens the fight against discrimination
As Anderson Dirocie De León states, member of our network, “This is just one firm step in a collective effort.”, for the equality and dignity of all people”. Your leadership, together with the support of regional alliances, demonstrates the importance of working in a coordinated manner to dismantle discriminatory structures still in force in the region.
Regional commitment to rights
From the Network of LGBTI+ Litigants of the Americas we recognize the historic ruling of the Constitutional Court of the Dominican Republic and celebrate its decision based on respect for human dignity and the protection of human rights.
We will continue to be vigilant to comply with this ruling and promote legal actions to guarantee that LGBTI+ people are not discriminated against in the Americas..
