Human Rights Caribbean on the eve of a historic ruling

WILLEMSTAD - Tomorrow marks a significant day for the Human Rights Caribbean Foundation, which has been engaged in a four-year legal battle for equality. "Hopefully, with a positive ruling from the Supreme Court in The Hague, Curaçao will look much more inclusive tomorrow," says chairperson Janice Tjon Sien Kie. 

On July 12, the highest judicial body within the Kingdom will issue a ruling on opening civil marriage to same-sex couples. "By opening marriage to gay and lesbian couples, the legislation is interpreted to ensure equal treatment of all citizens, regardless of their sexual orientation. The right to marry and found a family is a fundamental human right under the principle of equality. Granting this right to same-sex couples enhances the protection and adherence to human rights," according to the foundation. 

Human Rights Caribbean asserts that allowing same-sex marriage sends a message that all forms of love and relationships are recognized and valued, promoting a more inclusive society. 

In both the initial trial and on appeal, it was concluded that the exclusion of same-sex couples is in violation of Curaçao's constitution. Article 3 of the constitution states: "All persons in Curaçao shall be treated equally in equal circumstances. Discrimination on grounds of religion, belief, political opinion, race, sex, or on any other grounds is not permitted." 

The court also determined that opening the civil code to same-sex marriage does not require new legislation. The civil code only needs to be read in a gender-neutral manner. It will then no longer refer to marriage between a man and a woman, but between persons. 

Interested parties can follow the ruling via a livestream on the Supreme Court’s website, starting at 9:00 AM Curaçao time. Those in The Hague can attend the oral ruling in person. No prior registration is required. 

Photo: the board of Human Rights Caribbean (Curaçao) and Orguyo (Aruba) along with the team of lawyers.




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