Rights such as these are integral to the very foundation of this country. The birth of Jamaica as a modern nation occurred out of a history of oppression and colonialism that necessitated the claiming, by the disadvantaged black majority, of a new rule of law that idealised these two rights.
A Bill of Rights should seek to protect the inherent human identity from abuse. By this we mean that features which are inherently and innately a part of one's identity ought not to be allowed to form the basis for discrimination or exclusion by others. The Jamaican Constitution currently protects against discrimination based on race, and it is now proposed that gender be included as a head of non-discrimination. We believe that sexual orientation also ought properly to be brought under the protective umbrella of the anti-discrimination clause.
What, then, is "sexual orientation"? Professor Edwin Cameron (now a Judge of the South African Constitutional Court) writes, at pp. 450 of the 1993 volume of the South African Law Times ( S.A.L.T. 450):