LGBT rights in Bonaire

Last updated

LGBTQ rights in Bonaire
Bonaire in its region.svg
Status Legal
Military LGBT people allowed to serve openly
Discrimination protections Discrimination based on "heterosexual and homosexual orientation" prohibited
Family rights
Recognition of relationships Same-sex marriage since 2012
Adoption Full adoption rights since 2012

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.

Contents

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Bonaire. [1]

Recognition of same-sex marriage

Same-sex marriage in Bonaire became legal following the entry into force of a law enabling same-sex couples to marry there on 10 October 2012. [2] [3]

The first same-sex marriage occurred on 18 May 2013 between an Aruban and a Venezuelan national. [4]

Discrimination protections

The Criminal Code BES (Dutch : Wetboek van Strafrecht BES), which applies to Bonaire and the islands of Saba and Sint Eustatius, criminalizes discrimination on the basis of "heterosexual and homosexual orientation". Article 144 provides for penalties varying from fines to two years' imprisonment. [5]

In addition, Article 1 of the Constitution of the Netherlands applies to Bonaire. The article reads "All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted." [6] [7]

The Netherlands Institute for Human Rights (College voor de Rechten van de Mens) is a research institute which "protects, advances and monitors human rights". The Institute, established by law in 2010, works in the European Netherlands and also in the Caribbean Netherlands. [7] [8]

Living conditions

Due to Bonaire's small population of less than 20,000, there is no gay scene on the island. There are no specific gay venues or bars, though many do advocate as being "gay-friendly" and welcoming. There is, however, one gay association, known as EQ Bonaire. The group aims to "promote social reforms thereby achieving social acceptance of homosexuality". [9]

Anti-gay discrimination is almost unheard of in Bonaire, but bullying and homophobia in schools is a big issue, [10] and some local LGBT people have claimed that societal rejection, particularly directed at locals, not tourists, does exist. [9]

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
Anti-discrimination laws in the provision of goods and services Yes check.svg
Anti-discrimination laws in all other areas Yes check.svg
Same-sex marriages Yes check.svg (Since 2012)
Recognition of same-sex relationships Yes check.svg (Since 2012)
Stepchild adoption by same-sex couples Yes check.svg (Since 2012)
Joint adoption by same-sex couples Yes check.svg (Since 2012)
LGBT people allowed to serve in the military Yes check.svg (The Netherlands responsible for defence)
Right to change legal gender X mark.svg
Access to IVF for lesbian couples Emblem-question.svg
Commercial surrogacy for gay male couples X mark.svg (Banned for heterosexual couples as well)
MSMs allowed to donate blood Emblem-question.svg

See also

Related Research Articles

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

The Netherlands Antilles, also known as the Dutch Antilles, was a constituent Caribbean country of the Kingdom of the Netherlands consisting at of Saba, Sint Eustatius, and Sint Maarten in the Lesser Antilles, and Aruba, Curaçao, and Bonaire in the Leeward Antilles. The country came into being in 1954 as the autonomous successor of the Dutch colony of Curaçao and Dependencies, and it was dissolved in 2010, when like Aruba in 1986, Sint Maarten and Curaçao gained status of constituent countries within the Kingdom of the Netherlands, and Saba, Sint Eustatius, and Bonaire gained status of special municipality of Netherlands as the Caribbean Netherlands. The neighboring Dutch colony of Surinam in continental South America, did not become part of the Netherlands Antilles but became a separate autonomous country in 1954. All the 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. Polling suggests that a significant majority of Dutch people support the legal recognition of same-sex marriage.

<span class="mw-page-title-main">Saba (island)</span> Dutch Caribbean island

Saba is a Caribbean island and the smallest special municipality of the Netherlands. It consists largely of the dormant volcano Mount Scenery, which at 887 metres (2,910 ft) is the highest point of the entire Kingdom of the Netherlands. The island lies in the northern Leeward Islands portion of the West Indies, southeast of the Virgin Islands. Together with Bonaire and Sint Eustatius it forms the BES islands, also known as the Caribbean Netherlands.

Same-sex marriage is legal in Aruba and Curaçao, which are constituent countries of the Kingdom of the Netherlands. The islands are obliged to conduct same-sex marriages following a ruling from the Supreme Court of the Netherlands on 12 July 2024. In September 2021, a lower court in Curaçao ruled that preventing same-sex couples from marrying violates the equality provisions of the Constitution of Curaçao, but left the decision of whether to legalise same-sex marriage up to the Parliament of Curaçao. In December 2022, the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba ruled on appeal that Aruba's and Curaçao's same-sex marriage bans were unconstitutional. The court order was set to go into effect on 7 March 2023 if not appealed to the Supreme Court; however, the governments of both Curaçao and Aruba subsequently appealed. On 12 July 2024, the Supreme Court upheld the lower court ruling, effectively legalizing same-sex marriage in Aruba and Curaçao with immediate effect.

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

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.

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

Lesbian, gay, bisexual, and transgender (LGBTQ) 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">LGBT rights in Aruba</span>

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in Aruba, 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.

<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.

<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 LGBTQ persons varies widely.

<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 Northwestern Europe and with several smaller island territories located in the Caribbean.

<span class="mw-page-title-main">Caribbean Netherlands</span> Netherlands Caribbean municipalities

The Caribbean Netherlands is a geographic region of the Netherlands located outside of Europe, in the Caribbean, consisting of three special municipalities. These are the islands of Bonaire, Sint Eustatius and Saba, as they are also known in legislation, or the BES islands for short. The islands are officially classified as public bodies in the Netherlands and as overseas territories of the European Union; as such, European Union law does not automatically apply to them.

<span class="mw-page-title-main">Visa policy of the Kingdom of the Netherlands in the Caribbean</span> Policy on permits required to enter the Kingdom of the Netherlands in the Caribbean

A common visa exists since the end of 2010 for the territories of Aruba, Curaçao, Sint Maarten and the Caribbean Netherlands which form together the territory of the Kingdom of the Netherlands in the Caribbean. The visa is not valid for the European part of the Netherlands, which is part of the Schengen Area.

<span class="mw-page-title-main">Identity card BES</span> Identity card of The Caribbean Netherlands

The Identity card BES is a uniform identity card for residents in the Caribbean Netherlands introduced upon the dissolution of the Netherlands Antilles in 2010. The cards are machine-readable and have the size of a credit card. The front contains the words Identiteitskaart followed by the island names Bonaire, Sint Eustatius and Saba. The card also contains the coat of arms of the island of issue.

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

The Dutch Caribbean are the New World territories, colonies, and countries of the Dutch Empire and the Kingdom of the Netherlands located in the Caribbean Sea, mainly the northern and southwestern regions of the Lesser Antilles archipelago.

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

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Curaçao have similar rights to non-LGBT people. 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.

<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-LGBTQ 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.

The Ministry of Justice and Security of the Netherlands oversees the heads the Public Prosecution Service. The Public Prosecutor typically leads the investigation in a criminal matter, and the Public Prosecution Service ensures that the sentence given by the judges are properly executed. In addition. the service monitors any fines and penalties, the imprisonment process, and any required community service.

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. The Caribbean Netherlands was the first jurisdiction in the Caribbean to legalise same-sex marriage, and was followed a few months later by French Caribbean territories, including Guadeloupe and Martinique, in May 2013.

<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.

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. "Burgerlijk wetboek BES, boek 1" (in Dutch). Government of the Netherlands. Archived from the original on 4 April 2016. Retrieved 12 October 2012.
  3. "Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba" (in Dutch). Government of the Netherlands. 1 September 2010. Archived from the original on 6 March 2016. Retrieved 4 April 2016.
  4. "Eerste homohuwelijk op Bonaire". Caribisch Netwerk (in Dutch). 19 May 2013.
  5. "Wetboek van Strafrecht BES". wetten.nl (in Dutch). 30 August 2010.
  6. "The Constitution of the Kingdom of the Netherlands 2008". Government of the Netherlands. 18 October 2012.
  7. 1 2 "Oprichting van het College voor de rechten van de mens (Wet College voor de rechten van de mens)". overheid.nl (in Dutch). 2010.
  8. "Mission and ambition". College voor de Rechten van de Mens.
  9. 1 2 "jGaykrant" (in Dutch). 4 March 2018.
  10. Richard Ammon (September 2012). "Gay Life in Netherlands Antilles (Bonaire)". Globalgayz.