Quincy McEwan et al v. Attorney General of Guyana (Caribbean Court of Justice, 2018)

The petitioner, along with three other transgender individuals, were charged for violating section 153(1) of the Summary Jurisdiction (Offences) Act: “cross-dressing in public for an ‘improper purpose.’” The petitioner brought action, alleging that section 153(1)(xlvii) was too vague to be enforceable. The petitioners argued that a prohibition on cross-dressing criminalizes gender expression and identity, in violation of Article 149D of the Constitution. The trial court found no constitutional violation, since there was no sex discrimination as the statute applied to both men and women. The Court of Appeals affirmed, see McEwan, Clarke, et al. v. Attorney General (High Court of the Supreme Court of Judicature, 2013). On appeal, the Caribbean Court of Justice (“the Court”) reversed, finding that section 153(1)(xlvii) disproportionately impacted and criminalized individuals who do not wear clothing reflecting traditional gender norms. Additionally, the Caribbean Court of Justice found section 153(1)(xlvii) failed to define clearly the circumstances it criminalizes “improper purpose.” As a result, the Court held that the statute was unconstitutional and unenforceable.

Topics

• Gender discrimination
• LGBTIQ

Geographical location

• South America
• Guyana

Keywords

• constitutional rights
• gender-based discrimination
• gender identity and expression
• freedom of expression

Year

• 2018

External URL

• Quincy McEwan et al v. Attorney General of Guyana (Caribbean Court of Justice, 2018)

Court

• Caribbean Court of Justice

Type

• Domestic Case Law

Jurisdiction

• Guyana