LGBTQ rights in Burkina Faso | |
|---|---|
 | |
| Status | Legal |
| Gender identity | No |
| Military | No |
| Discrimination protections | None |
| Family rights | |
| Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Burkina Faso face legal issues not experienced by non-LGBTQ citizens. Although same-sex sexual acts are legal for both men and women in Burkina Faso, there is no legal recognition of same-sex marriage or adoption rights.
Both male and female types of same-sex sexual activity have always been legal in Burkina Faso. [1] In July 2024, the military junta, led by Ibrahim Traore, in power since the September 2022 Burkina Faso coup d'état, adopted an amended family code draft which would make homosexual acts illegal, but still requires a parliamentary vote and final approval from Traore. [2] [3]
Since 1996, the age of consent is equal and set at 18, regardless of gender. [1]
The Constitution of Burkina Faso does not authorize same-sex marriage and defines marriage as a union between a man and a woman.
La famille est la cellule de base de la société. L’Etat lui doit protection. Le mariage est fondé sur le libre consentement de l’homme et de la femme. Toute discrimination fondée sur la race, la couleur, la religion, l’ethnie, la caste, l’origine sociale, la fortune est interdite en matière de mariage. Les enfants sont égaux en droits et en devoirs dans leurs relations familiales. Les parents ont le droit naturel et le devoir d’élever et d’éduquer leurs enfants. Ceux-ci leur doivent respect et assistance. [4]
Translated into English, the Constitution says:
The family is the basic cell of society. The State owes protection. Marriage is based on the free consent of man and woman. Any discrimination based on race, color, religion, ethnicity, caste, social origin, fortune is forbidden in marriage. Children are equal in rights and duties in family relationships. Parents have the natural right and duty to bring up and educate their children. They owe them respect and assistance.
According to the U.S. Department of State, "Married, cohabiting, heterosexual couples who have been married for at least five years may adopt a child. Single applicants are almost never permitted to adopt children in Burkina Faso." [5]
The U.S. Department of State's 2011 Human Rights Report found that, [6]
The law does not discriminate on the basis of sexual orientation in employment and occupation, housing, statelessness, or access to education or health care. However, societal discrimination based on sexual orientation and gender identity remained a problem. Religious and traditional beliefs do not accept homosexuality, and lesbian, gay, bisexual, and transgender (LGBT) persons were reportedly occasional victims of verbal and physical abuse. There were no reports that the government responded to societal violence and discrimination against such persons. LGBTQ organizations had no legal presence in the country but existed unofficially. There were no reports of government or societal violence against such organizations.
HIV/AIDS has a relatively low presence in Burkina Faso when compared to other African nations, with 0.80% of adults aged 15–49 infected by the virus. [7] However, HIV remains a threat to the approximately 94,000 people infected as an estimated 65% of adult citizens living with HIV in Burkina Faso have access to antiretroviral drugs. Furthermore, only 28% of children aged 0–14 have access to antiretroviral drugs, a number that trails many African nations. [8] Despite this, antiretroviral coverage has significantly improved in the country, as the estimated coverage for all ages was 32% in 2010.
| Same-sex sexual activity illegal |  (Always legal) |
| Equal age of consent (18) | (Since 1996) |
| Anti-discrimination laws in hate speech and violence |  |
| Anti-discrimination laws in employment | |
| Anti-discrimination laws in the provision of goods and services | |
| Same-sex marriage | |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military |  |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Central African Republic face legal and social challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in the Central African Republic, but LGBTQ persons still face discrimination among the broader population.
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Democratic Republic of the Congo (DRC) face discrimination and legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal for both males and females in the Democratic Republic of the Congo, although LGBTQ individuals may still be targeted for prosecution under public indecency provisions on occasion.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ghana face severe challenges not experienced by non-LGBTQ residents. Sexual acts between males have been illegal as "unnatural carnal knowledge" in Ghana since the colonial era. The majority of Ghana's population hold anti-LGBTQ sentiments. Physical and violent homophobic attacks against LGBTQ people occur, and are often encouraged by the media and religious and political leaders. At times, government officials, such as police, engage in such acts of violence. Young gay people are known to be disowned by their families and communities and evicted from their homes. Families often seek conversion therapy from religious groups when same-sex orientation or non-conforming gender identity is disclosed; such "therapy" is reported to be commonly administered in abusive and inhumane settings.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in France are some of the most progressive by world standards. Although same-sex sexual activity was a capital crime that often resulted in the death penalty during the Ancien Régime, all sodomy laws were repealed in 1791 during the French Revolution. However, a lesser-known indecent exposure law that often targeted LGBTQ people was introduced in 1960, before being repealed in 1980.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Switzerland are some of the most progressive by world standards. Social attitudes and the legal situation have liberalised at an increasing pace since the 1940s, in parallel to the situation in Europe and the Western world more generally. Legislation providing for same-sex marriage, same-sex adoption, and IVF access was accepted by 64% of voters in a referendum on 26 September 2021, and entered into force on 1 July 2022.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face significant challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Djibouti face legal challenges not experienced by non-LGBTQ residents. Although Djibouti does not explicitly criminalise homosexuality, LGBTQ persons still face stigmatization among the broader population.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Burundi face legal challenges not experienced by non-LGBTQ citizens. While never criminalized before 2009, Burundi has since criminalized same-sex sexual activity by both men and women with a penalty up to two years in prison and a fine. LGBTQ persons are regularly prosecuted and persecuted by the government and additionally face stigmatisation among the broader population.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Rwanda face legal challenges not experienced by non-LGBTQ residents. While neither homosexuality nor homosexual acts are illegal, homosexuality is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country and LGBTQ people still face stigmatization among the broader population. No anti-discrimination laws are afforded to LGBTQ citizens, and same-sex marriages are not recognized by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized". LGBTQ Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Somalia face severe challenges not experienced by non-LGBTQ residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBTQ people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBTQ advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBTQ people] cannot be open about their orientation or gender identity for fear of rejection and discrimination." Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Guinea-Bissau face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Lesotho face legal challenges not experienced by non-LGBTQ residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Togo face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are illegal in Togo, with no legal recognition for same-sex marriage or adoption rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sierra Leone face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal in Sierra Leone and carries a possible penalty of life imprisonment, although this law is seldom enforced.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Sudan face legal and societal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal and carries a penalty of up to 10 years' imprisonment. Active enforcement of the law is not pursued by authorities: No prosecutions are known to have occurred since South Sudan gained its independence in 2011. LGBTQ persons are met with abuse and discrimination from agents of the government and additionally face stigmatisation among the broader population.
The following outline offers an overview and guide to LGBTQ topics:
