LGBTQ rights in Equatorial Guinea

Last updated

LGBTQ rights in Equatorial Guinea
LocationEquatorialGuinea.png
Status Legal
Gender identity No
Military No
Discrimination protections No
Family rights
Recognition of relationships No
Adoption No

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Equatorial Guinea face legal challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Equatorial Guinea, however LGBTQ persons face stigmatization among the broader population, and same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available as opposite-sex couples. [1]

Contents

Laws regarding same-sex sexual activity

Although there are no laws against homosexuality in Equatorial Guinea, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) report "there is evidence that State intimidation of sexually diverse individuals persists." The criminal code in force in Equatorial Guinea is a revision of the Spanish Criminal Code that dates back to the Francoist era and is said to post-colonially carry anti-homophobic undertones that influence those perception today. [1] [2] The age of consent is set at 18, regardless of gender and/or sexual orientation.

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Discrimination protections

There is no protection against discrimination based on sexual orientation or gender identity.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "there are no laws criminalizing sexual orientation; however, societal stigmatization and traditional discrimination against gay men and lesbians was strong, and the government made little effort to combat it". [3]

Summary table

Same-sex sexual activity legal Yes check.svg (Always legal)
Equal age of consent (18) Yes check.svg (Since 1931) [4]
Anti-discrimination laws in hate speech and violence X mark.svg
Anti-discrimination laws in employment X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Same-sex marriage X mark.svg
Recognition of same-sex couples X mark.svg
Step-child adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
Gays and lesbians allowed to serve openly in the military X mark.svg
Right to change legal gender X mark.svg
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

See also

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References

  1. 1 2 "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). Archived from the original (PDF) on 17 July 2013.
  2. Homosexuality laws around the world, NationMaster.com
  3. EQUATORIAL GUINEA Archived 14 May 2011 at the Wayback Machine
  4. "Archived copy" (PDF). Archived from the original (PDF) on 17 July 2013. Retrieved 17 October 2016.{{cite web}}: CS1 maint: archived copy as title (link)