By Andrew Potts From Gay Star News

Jamaican lawyer Maurice Tomlinson says the European Court ruling that recognition of same-sex relationships is a human right may lead to civil partnerships across the Caribbean British Overseas Territories

A leading Jamaican LGBTI activist and lawyer has made a convincing case that the European Court of Human Rights decision that Italy must provide legal recognition to same-sex relationships sets a legal precedent that can apply as far away as Britain’s remaining possessions in the Caribbean.

The court has jurisdiction over the 47 countries that have signed the European Convention on Human Rights – meaning its Italian ruling potentially sets a precedent for every European country except Belarus to provide some form of legal recognition for gay unions.

However, as Britain is a signatory, the remaining Caribbean British Overseas Territories – The Cayman Islands, Bermuda, the British Virgin Islands, Anguilla, Monserrat, and The Turks and Caicos Islands – also fall under its jurisdiction.

In 2000 the court ruled that anti-sodomy laws violate the European Convention on Human Rights which compelled Britain to pass the Caribbean Territories (Criminal Law) Order which decriminalized gay sex throughout its remaining Caribbean possessions.

Now Tomlinson says a similar precedent has been set by the court around recognition of gay unions.

‘In a far-reaching decision, the Court found that relationship equality is a human right under the European Convention on Human Rights,’ Tomlinson wrote in an op-ed piece for global LGBTI rights blog 76 Crimes.

‘Although this decision is specific to Italy, it is very persuasive precedent for the other 46 members of the Council of Europe and their dependencies. Britain is bound by the decision of this court and so are the British Overseas Territories (BOT).’

‘While these territories are in charge of their domestic laws, Britain is responsible, and liable, for their international obligations and affairs.’

But while the European Court of Human Rights has ruled that legal recognition of same-sex relationships is a human right in Europe it has not ruled that same-sex marriage is so it will be up to individual Caribbean British Overseas Territories as to what form any legal recognition might take.

IMAGE: The courtroom interior of the European Court of Human Rights Photo by Adrian Grycuk

For more on this story go to: http://www.gaystarnews.com/article/european-court-italy-ruling-may-open-door-to-gay-civil-unions-in-british-caribbean/