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Maurice Tomlinson files application before CCJ

Jamaican attorney and legal advisor to AIDS Free world Maurice Tomlinson on Tuesday filed an application before the Caribbean Court of Justice (CCJ), seeking remedies against the Governments of Belize and Trinidad and Tobago. 

Tomlinson, a homosexual, claims that the immigration laws of the two countries, which bar the entry of homosexuals, violate his right of free movement under the Treaty of Chaguaramas.

The action was filed on behalf of Tomlinson by the law firm Gifford, Thompson and Bright.

In a judgement handed down last week the court granted him special leave to file the application, after the Jamaican government had refused to espouse the claim on his behalf.

The Court said it was arguable that a mere existence of legislation, even if not enforced, may justify a person being considered a victim of a violation of his or her rights under an international human rights instrument.

Tomlinson had been invited to conduct human rights advocacy training in Belize, and to attend a human rights summit in Trinidad.

He had refused the invitations on the grounds that he was not prepared to knowingly break the law.



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