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Nov 1, 2018

A Case of Sex Versus Gender

Kenneth Benjamin

The training will look at model guidelines for sexual offense cases in the Caribbean region and improving the treatment of survivors relating to family law and gender-based violence cases.  Chief Justice Kenneth Benjamin raised this week’s appeal in respect of his ruling in 2016 on Section Fifty-Three of the Criminal Code. In that ruling, he declared that the law was unconstitutional and breached the rights of consenting same sex adults who partake in sexual intercourse. The government’s appeal is on the grounds that the CJ did not have the authority to extend the meaning of sex to include sexual orientation. Today, during his presentation, Benjamin touched briefly on the case.


Kenneth Benjamin, Chief Justice of Belize

“As an aside, the word gender has assumed some importance this week. It was very interesting to hear on the media the reports of the arguments that took place earlier this week in the Court of Appeal; where arguments surrounding the difference between the word sex and the word gender. One aspect of the argument was that sex addresses biological functions and gender addresses cultural objectives. Anyway, let’s await the Court of Appeal’s opinion on the matter.”

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