LGBTQ rights in the Republic of the Congo

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LGBTQ rights in the Republic of the Congo
Location Republic of the Congo AU Africa.svg
Status Legal since 1940, [1] unequal age of consent
Gender identity -
Military -
Discrimination protections No
Family rights
Recognition of relationships No
Adoption No

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Republic of the Congo face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of homosexuality are legal in the Republic of the Congo, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples, with reports of discrimination and abuses towards LGBTQ people.

Contents

Laws regarding same-sex sexual activity

Same-sex relationships have been legal in the Republic of the Congo since 1940. The text of the 1940 Penal Code, as amended in 2006, only prohibits same-sex sexual behaviour with a person younger than 21 years. There is an unequal age of consent, with it being 18 for opposite-sex sexual activity. [1]

Recognition of same-sex relationships

There is no legal recognition of same-sex unions.[ citation needed ]

Discrimination protections

There is no legal protection against discrimination based on sexual orientation or gender identity.[ citation needed ]

Law No. 29-2019 on the Protection of Personal Data protects a person's sexual life as sensitive and personal data in its Articles 4, 14 and 40. [2]

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that, [3]

There was not a large openly gay or lesbian community due to the social stigma associated with homosexuality ... There were no known cases of violence or discrimination against gays, lesbians, or transgendered individuals during the year. While discrimination may exist due to the social stigma surrounding homosexuality, no such cases were reported to the NGOs or covered by the media.

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1940)
Equal age of consent X mark.svg (Since 1947) [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
Conversion therapy made illegal 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

References

  1. 1 2 Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). p. 45. Archived from the original (PDF) on 11 June 2012. Retrieved 5 May 2009.
  2. "Law No. 29-2019 on the Protection of Personal Data" (PDF). Retrieved 3 February 2025.
  3. "REPUBLIC OF THE CONGO" (PDF).
  4. "Archived copy" (PDF). Archived from the original (PDF) on 17 July 2013. Retrieved 10 March 2016.{{cite web}}: CS1 maint: archived copy as title (link)