In much of the Organisation internationale de la Francophonie, including former colonies of France, same-sex sexual activity is not considered a criminal offense. This is due, in part, to the lack of existing anti-homosexuality laws at the time of French rule. However, in most of the member states, including those states in which same-sex sexual activity is not criminalized, social taboos against it remain. In a small minority of member states, same-sex couples are allowed the ability to register civil unions or marriages.
Note: † Signed UN General Assembly declaration in favour of LGBT rights. ‡ Signed alternative Statement against LGBT rights.
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes.
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, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBTQ people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023. However, adoption rights in Cyprus are reserved for heterosexual couples only.
Lesbian, gay, bisexual, and transgender (LGBT) people in Suriname may face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are legal in Suriname. Since 2015, hate speech and discrimination in employment and the provision of goods and services on the basis of sexual orientation has been banned in the country. Same-sex marriage and civil unions are not recognised by law. Nevertheless, Suriname is legally bound to the January 2018 Inter-American Court of Human Rights ruling, which held that same-sex marriage is a human right protected by the American Convention on Human Rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Monaco may face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Monaco. However, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Monaco is the least developed among Western European countries in terms of LGBT equality.
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 Nicaragua face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Nicaragua. Discrimination based on sexual orientation is banned in certain areas, including in employment and access to health services.
Lesbian, gay, bisexual, and transgender (LGBT) people face widespread prosecution in Uzbekistan. Same-sex sexual activity between men is illegal in Uzbekistan. The punishment is up to 3 years in prison. Uzbekistan is one of just 2 post-Soviet states in which male homosexual activity remains criminalized, along with Turkmenistan.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guatemala face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are legal in Guatemala.
Discussions of LGBTQI+ rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Liberia face legal and social challenges which others in the country do not experience. LGBTQ people in Liberia encounter widespread discrimination, including harassment, death threats, and at times physical attacks. Several prominent Liberian politicians and organizations have campaigned to restrict LGBTQ rights further, while several local, Liberian-based organizations exist to advocate and provide services for the LGBTQ community in Liberia. Same-sex sexual activity is criminalized regardless of the gender of those involved, with a maximum penalty of three years in prison, and same-sex marriage is illegal.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Mauritius have expanded in the 21st century, although LGBTQ Mauritians may still face legal difficulties not experienced by non-LGBTQ residents. Prior to 2023, sodomy was criminalized by Section 250 of the Criminal Code. However, Mauritius fully decriminalized homosexuality in October 2023. Although same-sex marriage is not recognized in Mauritius, LGBTQ people are broadly protected from discrimination in areas such as employment and the provision of goods and services, making it one of the few African countries to have such protections for LGBTQ people. The Constitution of Mauritius guarantees the right of individuals to a private life.
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 the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since May 2016, but there are no legal recognition of same-sex unions, or protections against discrimination in the workplace or the provision of goods and services.
The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29 of the 56 sovereign states of the Commonwealth; and legal in only 26.
In the U.S. Virgin Islands, Lesbian, gay, bisexual, and transgender (LGBT) rights have evolved substantially in recent years. Same-sex sexual activity has been legal since 1985. The region also provides explicit legal protections against discrimination for LGBTQ residents since December 2022. Following the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional, same-sex marriage became legal in the islands.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have sharia-based criminal laws, except for Uganda.
Some or all sexual acts between men, and less frequently between women, have been classified as a criminal offense in various regions. Most of the time, such laws are unenforced with regard to consensual same-sex conduct, but they nevertheless contribute to police harassment, stigmatization, and violence against homosexual and bisexual people. Other effects include exacerbation of the HIV epidemic due to the criminalization of men who have sex with men, discouraging them from seeking preventative care or treatment for HIV infection.