LGBTQ rights in Tokelau

Last updated

LGBTQ rights in Tokelau
LocationTokelau.png
Status Male legal since 2003, female always legal [1]
Gender identity No
Military New Zealand's responsibility
Discrimination protections No
Family rights
Recognition of relationships No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) people in Tokelau face legal challenges not experienced by non-LGBTQ residents. Both the male and female kinds of same-sex sexual activity are legal in Tokelau, 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. [1]

Contents

History

Tokelau, similarly to Samoa, the Cook Islands, New Zealand, Niue and other Polynesian states, possesses a traditional and cultural third gender population. Such individuals are known in Tokelauan as the fakafāfine. Fakafāfine are assigned male at birth but dress, act and behave as female. People living as this gender role have traditionally been accepted by Tokelauan society. [2] [3] [4]

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Tokelau since 2003 by the Crimes, Procedure and Evidence Rules 2003. [1] Before that, male homosexual activity was illegal under sections 170 and 171 of Niue Act 1966 as extended to Tokelau by the Tokelau Islands Crimes Regulations 1975. [5] [6]

Recognition of same-sex relationships

Same-sex unions are not recognized (even though they are in New Zealand). Tokelau law does not explicitly prohibit same-sex marriage, but generally assumes the parties to be male and female. The Constitution of Tokelau states the following: [7]

Living conditions

Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend. [8]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2003)
Equal age of consent Yes check.svg (Since 2003)
Anti-discrimination laws in employment only X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) X mark.svg
Same-sex marriages X mark.svg
Recognition of same-sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve openly in the military Yes check.svg (New Zealand's responsibility)
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

Related Research Articles

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References

  1. 1 2 3 "Crimes, Procedure and Evidence Rules 2003". PacLii. Retrieved 9 April 2021.
  2. Macdonald, Baz (7 March 2018). "Fa'afafine, trans and bio queens – gender diversity in the NZ drag scene". Radio New Zealand. Retrieved 22 January 2020.
  3. "Gender Identity – Some definitions". I'm Local. 13 December 2012. Archived from the original on 29 January 2019. Retrieved 22 January 2020.
  4. "Tokelau Dictionary > F [pp. 51–132]". The Bookshelf. p. 68. Retrieved 22 January 2020.
  5. "Tokelau Islands Crimes Regulations 1975". New Zealand Legislation. Retrieved 9 April 2021.
  6. "TOKELAU A HISTORY OF GOVERNMENT" (PDF). 2008. p. 41. Retrieved 9 April 2021.
  7. "Tulafono Fakavae a Tokelau". Pacific Islands Legal Information Institute (in Tokelau).
  8. "LGBT Travellers in Tokelau". Lonely Planet. Retrieved 22 January 2020.