LGBT rights in Aruba

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LGBT rights in Aruba
LocationAruba.png
Aruba
Status Legal
Military Yes
Discrimination protections Discrimination based on "heterosexual or homosexual orientation" prohibited
Family rights
Recognition of relationships Registered partnerships from 2021
Same-sex marriages performed in the Netherlands recognized
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) people in Aruba, which is a constituent country of the Kingdom of the Netherlands, have evolved remarkably in the past decades. Both male and female same-sex sexual activity are legal in Aruba, but same-sex marriage is not legal. Same-sex couples with Dutch nationality [nb 1] must travel to the Netherlands or its special municipalities to get married and the legal protection of marriage is not unconditional. Since 1 September 2021, registered partnerships have been available to both opposite-sex and same-sex couples.

Contents

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Aruba. The age of consent is 15 and is equal for both heterosexual and homosexual intercourse. [1]

Recognition of same-sex relationships

As part of the Kingdom of the Netherlands, Aruba must recognize same-sex marriages registered in the Netherlands as well as in Bonaire, Sint Eustatius and Saba (also known as the Caribbean Netherlands) as valid. The Aruban Government initially did not recognize these marriages, but was challenged by a lesbian couple who had legally married in the Netherlands and then moved to the island. The case went to the Dutch Supreme Court, which ruled on 13 April 2007 that the Kingdom's constituent countries must recognize all of each other's marriages. [2] [3] Same-sex couples cannot legally marry on the island itself.

In April 2015, representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom. [4] The same month a registered partnership bill was submitted to the Estates of Aruba. [5]

On 22 August 2016, Desirée de Sousa-Croes, an openly gay MP, who married her same-sex partner in the Netherlands, introduced a bill to legalize registered partnerships. However, a vote on the bill was postponed to 8 September 2016 because some MPs still needed time to make up their minds. [6] On 8 September 2016, the Aruban Parliament voted 11–5 to legalize registered partnerships. [7] The law took effect on 1 September 2021. [8] Registered partnerships are open to both opposite-sex and same-sex couples.

Discrimination protections

The Aruba Criminal Code (Dutch : Wetboek van Strafrecht; Papiamento : Kódigo Penal), enacted in 2012, prohibits unfair discrimination and incitement to hatred and violence on various grounds, including "heterosexual or homosexual orientation". [9] Article 1:221 describes discrimination as "any form of discrimination, exclusion, restriction or preference, which has the purpose or effect of impacting or affecting recognition, enjoyment or the exercise of human rights and fundamental liberties in political, economic, social or cultural fields or in other areas of social life." Articles 2:61 and 2:62 provide for penalties ranging from fines to one year imprisonment.

Living conditions

Aruba is frequently referred to as one of the Caribbean's most LGBT-friendly islands, [10] with various venues, hotels and restaurants catering to LGBT clientele or otherwise advertising as "LGBT-friendly". Several specific gay bars and clubs have opened in the capital city of Oranjestad. According to local LGBT group Alternative Lifestyle Federation Aruba, "Aruba has always been accepting, as long as it's not in their face. People are out, but discreetly out. There has never been anything official." [11] There are numerous LGBT associations in Aruba, including Equality Aruba (Igualdad Aruba), Equal Rights Aruba and Alternative Lifestyle Federation Aruba.

Despite this, some same-sex couples living in Aruba have claimed that this openness is a more recent phenomenon. Charlene and Esther Oduber-Lamer, whose court challenge forced Aruba and the other Dutch islands in the Caribbean to recognize same-sex marriage, reported frequent harassment and having rocks thrown at them. The Aruban Government was particularly vocal in its opposition to same-sex marriage during the court challenge, which occurred between 2004 and 2007. The Roman Catholic Church, being the largest denomination on the island, has also contributed to more mainstream societal opposition to LGBT rights and same-sex marriage, especially compared to the Netherlands. Nevertheless, in 2016, the Aruban Parliament voted to legalise same-sex and different-sex registered partnerships with many of the same rights as marriage, the first time a Caribbean parliament had done so. [12]

Summary table

Same-sex sexual activity legal Yes check.svg
Equal age of consent Yes check.svg
Anti-discrimination laws in employment Yes check.svg (Since 2012)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 2012)
Anti-discrimination laws in all other areas Yes check.svg (Since 2012)
Same-sex marriage X mark.svg [13]
Same-sex civil unions Yes check.svg (Since 2021)
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve in the military Yes check.svg
Right to change legal gender X mark.svg
Access to IVF for lesbians Emblem-question.svg
Commercial surrogacy for gay male couples X mark.svg (Banned for opposite-sex couples as well)[ citation needed ]
MSMs allowed to donate blood Emblem-question.svg

See also

Notes

  1. ↑ Citizens of Aruba have Dutch nationality by jus sanguinis .

Related Research Articles

<span class="mw-page-title-main">Netherlands Antilles</span> 1954–2010 Caribbean constituent country of the Netherlands

The Netherlands Antilles was a constituent country of the Kingdom of the Netherlands. The country consisted of several island territories located in the Caribbean Sea. The islands were also informally known as the Dutch Antilles. The country came into being in 1954 as the autonomous successor of the Dutch colony of Curaçao and Dependencies. The Antilles were dissolved in 2010. The Dutch colony of Surinam, although relatively close by on the continent of South America, did not become part of the Netherlands Antilles but became a separate autonomous country in 1954. All the island territories that belonged to the Netherlands Antilles remain part of the kingdom today, although the legal status of each differs. As a group they are still commonly called the Dutch Caribbean, regardless of their legal status. People from this former territory continue to be called Antilleans in the Netherlands.

Same-sex marriage has been legal in the Netherlands since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage.

Same-sex marriage has been legal in Belgium since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. King Albert II granted his assent, and the bill entered into force on 1 June. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands. "Statutory cohabitation", a form of civil union open to any two legally consenting cohabiting persons, has been available since 1 January 2000.

<span class="mw-page-title-main">LGBT rights by country or territory</span>

Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.

The music of the former Netherlands Antilles is a mixture of native, African and European elements, and is closely connected with trends from neighboring countries such as Venezuela and Colombia and islands such as Puerto Rico, Cuba, Santo Domingo, Haiti, Martinique, Trinidad, Dominica, and Guadeloupe. The former Netherlands Antilles islands of Curaçao and Aruba are known for their typical waltzes, danzas, mazurkas and a kind of music called tumba, which is named after the conga drums that accompany it.

Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights, and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.

<span class="mw-page-title-main">LGBT rights in the Netherlands</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Netherlands are among the most advanced in the world. Same-sex sexual activity was legalized in 1811 after France invaded the country and installed the Napoleonic Code, erasing any remaining sodomy laws. No more sodomy laws were enacted after the country received independence. An age of consent equal with that of heterosexual activity was put in place in 1971. During the late 20th century, awareness surrounding homosexuality grew and society became more tolerant of gay and bisexual people. The changes eventually led to homosexuality's declassification as a mental illness in 1973 and a ban on discrimination based on sexual orientation in the military. The Equal Treatment Act 1994 bans discrimination on account of sexual orientation in employment, housing, public accommodations, and other areas. This was extended in 2019 to include discrimination based on gender identity, gender expression and sex characteristics. After the country began granting same-sex couples registered partnerships benefits in 1998, the Netherlands became the first country in the world to legalize same-sex marriage in 2001. Same-sex joint and stepchild adoption are also permitted, and lesbian couples can access IVF as well.

<span class="mw-page-title-main">Dissolution of the Netherlands Antilles</span> 2010 dissolution of the autonomous Caribbean country of the Netherlands

The Netherlands Antilles was an autonomous Caribbean country within the Kingdom of the Netherlands. It was dissolved on 10 October 2010.

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<span class="mw-page-title-main">LGBT rights in the Americas</span>

Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex and diverse in the Americas, and acceptance of LGBT persons varies widely.

The Netherlands Patent Office is the patent office of the Netherlands. It is an agency of the Dutch Ministry of Economic Affairs. The agency is located in the premises of the European Patent Office (EPO), in Rijswijk, near The Hague. The Netherlands Patent Office grants patents in the Netherlands and deals with European patents validated in the Netherlands. It assumes its functions from the rijksoctrooiwet.

<span class="mw-page-title-main">Kingdom of the Netherlands</span> Sovereign state including the Netherlands

The Kingdom of the Netherlands, commonly known simply as the Netherlands, is a sovereign state consisting of a collection of constituent territories united under the monarch of the Netherlands, who functions as head of state. The realm is not a federation; it is a unitary monarchy with its largest subdivision, the eponymous Netherlands, predominantly located in Western Europe and with several smaller island territories located in the Caribbean.

<span class="mw-page-title-main">Dutch Caribbean</span> Caribbean part of the Kingdom of the Netherlands

The Dutch Caribbean are the territories, colonies, and countries, former and current, of the Dutch Empire and the Kingdom of the Netherlands in the Caribbean Sea. They are in the north and south-west of the Lesser Antilles archipelago.

<span class="mw-page-title-main">LGBT rights in Curaçao</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Curaçao may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Curaçao. Discrimination on the basis of "heterosexual or homosexual orientation" is outlawed by the Curaçao Criminal Code. Despite this, same-sex marriage and adoption are still not recognised.

<span class="mw-page-title-main">LGBT rights in Sint Maarten</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Sint Maarten may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Sint Maarten, a constituent country of the Kingdom of the Netherlands, but same-sex marriage is not legal. Same-sex couples with Dutch nationality must travel to the Netherlands to get married, and that will not provide the rights of marriage in Sint Maarten.

Same-sex marriage has been legal in Bonaire, Sint Eustatius and Saba since 10 October 2012, the effective date of legislation passed by the States General of the Netherlands enabling same-sex couples to marry.

<span class="mw-page-title-main">LGBT rights in Bonaire</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Bonaire are very progressive by Caribbean standards. Bonaire forms part of the Caribbean Netherlands and is a special municipality of the Netherlands. Both male and female same-sex sexual activity are legal in Bonaire, with same-sex marriage and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

<span class="mw-page-title-main">LGBT rights in Sint Eustatius</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Sint Eustatius are quite progressive by Caribbean standards. Sint Eustatius forms part of the Caribbean Netherlands and is a special municipality of the Netherlands. Both male and female same-sex sexual activity are legal in Sint Eustatius, with same-sex marriage, registered partnership, and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

<span class="mw-page-title-main">LGBT rights in Saba</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Saba are very progressive by Caribbean standards. Saba forms part of the Caribbean Netherlands and is a special municipality of the Netherlands. Both male and female same-sex sexual activity are legal in Saba, with same-sex marriage and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

<span class="mw-page-title-main">LGBT rights in the Caribbean</span>

LGBT rights differ between the various states in the Caribbean. They are influenced by previous colonization from Europe as well as each state's own interpretation of laws. For many of the states, perceptions of LGBT individuals are unfavorable, and laws lack protections and rights for the community.

References

  1. ↑ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 October 2012 at the Wayback Machine
  2. ↑ "Caribbean island Aruba has to recognize gay marriage: Dutch supreme court". Yahoo! News. 13 April 2007. Retrieved 16 April 2007.[ dead link ]
  3. ↑ "Aruba vote on civil partnerships could finally extend LGBT rights to all Dutch citizens". openDemocracy.
  4. ↑ "Snel homorechten in alle delen van het Koninkrijk". Caribisch Netwerk. 22 April 2015.
  5. ↑ "Wetsvoorstel geregistreerd partnerschap op Aruba ook voor gelijke seksen - Dutch Caribbean Legal Portal". www.dutchcaribbeanlegalportal.com.
  6. ↑ "This island in the Caribbean is about to make history. But they need your help". All Out. Archived from the original on 28 September 2018. Retrieved 4 September 2016.
  7. ↑ "Aruba Parliament approves civil unions for same-sex couples". Yahoo News. AP. 9 September 2016. Archived from the original on 9 September 2016. Retrieved 9 September 2016.
  8. ↑ LANDSBESLUIT van 2 juni 2021 no. 1, houdende inwerkingtreding van de Aanpassingsverordening aanvulling Burgerlijk Wetboek van Aruba (AB 2021 no. 43) en de Landsverordening van 23 september 2016 tot wijziging van het Burgerlijk Wetboek van Aruba (AB 1989 no. GT 100) in verband met een aantal onderwerpen die nog een regeling of aanpassing in het Burgerlijk Wetboek van Aruba behoeven (AB 2016 no. 51)
  9. ↑ "LANDSVERORDENING van 27 april 2012 houdende vaststelling van een nieuw Wetboek van Strafrecht van Aruba". overheid.aw (in Dutch). Archived from the original on 18 November 2019. Retrieved 12 July 2019.
  10. ↑ "Caribbean Gay Friendly Travel Destinations - Aruba LGBT Vacations". aruba.com.
  11. ↑ Richard Ammon (September 2012). "Gay Life in a Tolerant Society in Aruba". Globalgayz.
  12. ↑ "Aruba Votes for LGBT Civil Union as first Island in the Caribbean". aruba.com. 9 September 2016.
  13. ↑ Vordev. "Court rules in favor of same-sex marriage on Aruba and Curaçao". www.curacaochronicle.com. Retrieved 6 December 2022.
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