LGBT rights in Mauritius | |
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Status | Legal since 2023 [1] |
Gender identity | No |
Discrimination protections | Sexual orientation protections by statute since 2008 and by constitution since 2023 |
Family rights | |
Recognition of relationships | No |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Mauritius have expanded in the 21st century, although LGBT Mauritians may still face legal difficulties not experienced by non-LGBT residents. Prior to 2023, sodomy (opposite-sex and same-sex anal and oral sex) was criminalized by Section 250 of the Criminal Code. However, Mauritius fully decriminalized homosexuality in October 2023. [1] Although same-sex marriage is not recognized in Mauritius, LGBT 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 LGBT people. The Constitution of Mauritius guarantees the right of individuals to a private life. [2]
Mauritius is one of the 96 countries to have signed the "Joint Statement on Ending Acts of Violence Related Human Rights Violations Based on Sexual Orientation and Gender Identity" at the United Nations, condemning violence and discrimination against LGBT people. [3] Furthermore, in recent years, there has been a growing acceptance towards LGBT people among Mauritius' population, particularly the younger generation, with polls indicating that it is one of Africa's most LGBT-friendly countries. [4] Nevertheless, conservative attitudes about LGBT people are still commonplace. [5] [ clarification needed ]
Consensual sodomy was decriminalized by the Supreme Court of Mauritius in a decision dated 4 October 2023, which found that the criminal code provision banning sodomy was unconstitutional. Same-sex intercourse between women was never illegal.
Previously, Section 250(1) of the Mauritius Criminal Code of 1838 held that "Any person who is guilty of the crime of sodomy ... shall be liable to penal servitude for a term not exceeding 5 years." [6] Under the Supreme Court's 2023 judgement, the section should "re read so as to exclude such consensual acts from [its] ambit." [7]
In 2007, the Law Reform Commission recommended that sodomy be decriminalised and that Section 250 be repealed. [4] Former Attorney General Rama Valayden sought to pass a bill, which would have decriminalised consensual same-sex sexual relationships, but the bill did not go through. [4] Prosecutions under the law are rare. In 2015, however, a same-sex couple was arrested on the suspicion they were practising sodomy, [5] and the law contributes to a general atmosphere of homophobia.
In 2017, the Mauritius Government said it would not repeal Section 250, stating that it would address the issue after further consideration. [8] In October 2019, Abdool Ridwan Firaas Ah Seek, a 29-year-old LGBT rights activist, filed a case against Section 250 at the Supreme Court with the support of Collectif Arc-En-Ciel, the oldest LGBT NGO in the country. [9] [10] The plaintiff is represented by a legal team composed of Mr Gavin Glover SC and Ms Yanilla Moonshiram, barristers-at-law, and Ms Komadhi Mardemootoo, attorney-at-law. A first hearing occurred in November 2019. [11] [12] Director Aschwin Ramenah of the Collectif Arc-En-Ciel has said:
Section 250 is like the sword of Damocles hanging over the lives of LGBT Mauritians. The time has come to repeal this discriminatory law that unfairly targets members of our society simply because of who they love. ... The way in which adults lead their lives in close, consensual relationships in the privacy of their own homes should never be a matter for state interference. Archaic laws like Section 250 have no place in our modern and democratic society. [11]
In October 2019, another group of young Mauritians also filed a constitutional challenge on the basis that Section 250 "violates their fundamental rights and freedom". [13] [14] These plaintiffs are represented by Dentons (Mauritius) LLP and the Franco-Mauritian Law Chambers LCMB et Associés, and supported by the Young Queer Alliance and the Love Honor Cherish Foundation. A first hearing occurred on 21 November 2019, with a second on 18 February 2020. [15] [16] The defendants are Attorney General Maneesh Gobin, the Director of Public Prosecutions and the Commissioner of Police. On 12 June 2020, the plaintiffs were granted leave to apply to the Supreme Court for constitutional redress. The defendants withdrew their objection to the leave application. [17]
Mauritius does not recognise same-sex marriage or civil unions.
In 2016, the Law Reform Commission was looking into a case to legalise same-sex marriage. [4]
According to a 2006 report, adoptive parents may be either single or married. LGBT persons are not specifically disqualified. [18] According to the diplomatic website of the French Ministry of Foreign Affairs, single and married people are eligible to adopt children. It does not specify whether LGBT people are disqualified. [19]
The 2023 Supreme Court decision decriminalizing sodomy held that the constitutional prohibition on discrimination based on "sex" was also inclusive of "sexual orientation."
The Equal Opportunities Act 2008 (French : Loi de 2008 sur l'égalité des chances) prohibits both direct and indirect discrimination based on sexual orientation in employment, education, accommodation, disposal of immovable property, provision of goods and services, companies and partnerships, registered associations and clubs, sports and access to premises, with "sexual orientation" being defined to mean "homosexuality (including lesbianism), bisexuality or heterosexuality". [20] The act does not currently protect transgender people. [21] : 194
Sexual orientation discrimination in employment is also prohibited under the Workers' Rights Act [22] and the Employment Relations Act. [23]
Currently, transgender people are not allowed to legally change their gender marker on official documents, such as passports, birth certificates and IDs.
Several reports about the lives of local transgender women have shown a growing acceptance of transgender people in Mauritian society, although prejudice still exists. [24]
In 2014, the Ministry of Health amended blood donation policy to allow men who have sex with men to donate blood. [4] [25] Anecdotally, LGBTQI persons have been prevented from donating blood on occasion. [25]
Mauritius is considered to be one of Africa's most LGBT-friendly countries, though LGBT people still face discrimination due to conservatives attitudes among the population. [4] LGBT people may face discrimination, notably in public hospitals and bullying in schools. [5]
AfriGay has reported that "whilst 'gay life' remains fairly quiet, mainly existing on the internet, in private and at the occasional party, the resorts are welcoming and non-discriminatory to all. For LGBT travelers there's little to worry about. No problems arising from LGBT couples sharing rooms during their holidays have been recorded." [26]
Some politicians who have shown support for LGBT rights include former attorneys general Rama Valayden and Ravi Yerigadoo, former prime ministers Navin Ramgoolam and Paul Bérenger, MPs Joanna Bérenger and Tania Diolle, and former Minister of Public Service, Administrative and Institutional Reforms Alain Wong.
The Opposition already strongly supports the rights of homosexuals as human rights. [27]
Let us be clear. Everybody is equal. No-one has more rights than others and there should not citizens of first or second category. Therefore, we should all join hands and work together to ensure that there is no discrimination against anyone. Gender, sexual orientation, color, creed, social status and even handicaps should not be an obstacle.
— Hon. Alain Wong, then Minister of Public Service, Administrative and Institutional Reforms [4]
In Mauritius, there are four organisations that work for the rights of the LGBT community: Collectif Arc-En-Ciel, Young Queer Alliance, Association VISA G and PILS. [28]
Founded in 2005, Collectif Arc-En-Ciel ("Rainbow Collective") is the pioneer and main organisation for the LGBT community in Mauritius. [29] The group organised the first Pride in Mauritius and has been doing so for the last fifteen years, gathering more than 1,200 participants in 2016. The organisation also fights against homophobia and discrimination based on sexual orientation and gender identity through numerous other campaigns. In 2016, the organisation moved the Pride march from a small town, Rose-Hill, to Port Louis, the capital. In 2018, religious extremists held a violent counter-march, and a strong police force was deployed to provide protection to the Pride marchers. [5]
Founded on 1 September 2014, Young Queer Alliance is an organisation for the young LGBT community in Mauritius. [30] The Young Queer Alliance engages in support, advocacy and campaigns against discrimination. [28] Association VISA G is an organisation mainly for transgender individuals. [26]
Founded in 1996, PILS (Prévention Information Lutte contre le Sida) is a centre for individuals with HIV/AIDS in the country, and also a place for the prevention and education of people living with HIV/AIDS. [28]
In 2014, Moments.mu became the first travel agency in Mauritius to dedicate their services to the LGBT community.
In June 2018, the Pride march organised by Collectif Arc-En-Ciel was annulled because of hundreds of death threats believed to originate from religious extremists. In addition, a counter-protest against LGBT rights was organised by Javed Meetoo, a known Islamic extremist already under surveillance according to Mauritian authorities. Many important religious figures on the island, including Cardinal Maurice Piat, firmly condemned the protest against LGBT rights and called for respect and tolerance for all. An LGBT sit-in took place a few days later at the Caudan Waterfront in the capital, with the support of Prime Minister Pravind Jugnauth. [31]
A 2016 poll found that 49% of Mauritians would like or not mind having an LGBT neighbor. [32]
Same-sex sexual activity legal | ![]() |
Equal age of consent (16) | ![]() |
Anti-discrimination laws in employment only | ![]() |
Anti-discrimination laws in the provision of goods and services | ![]() |
Anti-discrimination laws in all other areas (incl. indirect discrimination) | ![]() |
Same-sex marriages | ![]() |
Recognition of same-sex couples | ![]() |
Stepchild adoption by same-sex couples | ![]() |
Joint adoption by same-sex couples | ![]() |
LGBT people allowed to serve openly in the military | Has no military [lower-alpha 1] |
Conversion therapy banned | ![]() |
Right to change legal gender | ![]() |
Access to IVF for lesbian couples | ![]() |
Commercial surrogacy for gay male couples | ![]() |
MSMs allowed to donate blood | ![]() ![]() |
This is a list of notable events in the history of LGBT rights that took place in the year 1972.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBT residents. Afghan members of the LGBT community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.
Lesbian, gay, bisexual and transgender (LGBT) rights in Fiji have evolved rapidly over the years, however LGBT people may still face some legal challenges not experienced by non-LGBT residents. In 1997, Fiji became the second country in the world after South Africa to explicitly protect against discrimination based on sexual orientation in its Constitution. In 2009, the Constitution was abolished. The new Constitution, promulgated in September 2013, bans discrimination based on sexual orientation and gender identity or expression. However, same-sex marriage remains banned in Fiji and reports of societal discrimination and bullying are not uncommon.
In the United States, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the late 1980s. In 1961, beginning with Illinois, states began to decriminalize same-sex sexual activity, and in 2003, through Lawrence v. Texas, all remaining laws against same-sex sexual activity were invalidated. In 2004, beginning with Massachusetts, states began to offer same-sex marriage, and in 2015, through Obergefell v. Hodges, all states were required to offer it. In many states and municipalities, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBT rights in the United States have been established by the United States Supreme Court, which invalidated state laws banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, made same-sex marriage legal nationwide, and prohibited employment discrimination against gay and transgender employees. LGBT-related anti-discrimination laws regarding housing and private and public services varies by state. Twenty-three states plus Washington, D.C., Guam, and Puerto Rico outlaw discrimination based on sexual orientation, and twenty-two states plus Washington, D.C., outlaw discrimination based on gender identity or expression. Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges.
Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded greater protections than those in many other African countries. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBT people. Nevertheless, Cape Verde does not recognize same-sex unions or marriages, meaning that same-sex couples may still face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are also not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Botswana face legal issues not experienced by non-LGBT citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
Lesbian, gay, bisexual, and transgender (LGBT) people in Somalia face severe challenges not experienced by non-LGBT residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBT people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, and transgender (LGBT) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination". Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have limited legal protections. Sexual contact between men is criminalised within Namibia, although this law is generally unenforced. Discrimination based on sexual orientation is banned in Namibia but not for gender identity.
With the exceptions of some countries in Africa like South Africa, Cape Verde, Mauritius, Seychelles, Angola, Botswana, and Mozambique, lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are limited in comparison to the Americas, Western Europe and Oceania.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guinea-Bissau face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Antigua and Barbuda may face legal challenges not experienced by non-LGBT citizens.
Lesbian, gay, bisexual, and transgender (LGBT) people in Lesotho face legal challenges not experienced by non-LGBT residents. Lesotho does not recognise same-sex marriages or civil unions, nor does it ban discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Togo face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Togo.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Louisiana may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Louisiana as a result of the US Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Same-sex marriage has been recognized in the state since June 2015 as a result of the Supreme Court's decision in Obergefell v. Hodges.
Lesbian, gay, bisexual, and transgender (LGBT) people in Tonga face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Tonga, with a maximum penalty of 10 years imprisonment, but the law is not enforced.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Indiana enjoy most of the same rights as non-LGBT people. Same-sex marriage has been legal in Indiana since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Baskin v. Bogan.
This article gives a broad overview of lesbian, gay, bisexual and transgender (LGBT) history in Canada. LGBT activity was considered a crime from the colonial period in Canada until 1969, when Bill C-150 was passed into law. However, there is still discrimination despite anti-discrimination law. For a more detailed listing of individual incidents in Canadian LGBT history, see also Timeline of LGBT history in Canada.
The following outline offers an overview and guide to LGBT topics.
Following a complaint...the Ministry of Health and Quality of Life...the ministry amended its policy and website in 2013 to indicate individuals who have had same-sex sexual activity could donate blood.