LGBT rights in Seychelles

Last updated

LGBT rights in Seychelles
LocationSeychelles.png
Status Legal since 2016
Gender identity No
Military No
Discrimination protections Sexual orientation protections in employment (see below)
Family rights
Recognition of relationships No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) people in Seychelles face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since 2016, and employment discrimination on the basis of sexual orientation is banned in Seychelles, making it one of the few African countries to have such protections for LGBT people. However, LGBT people may nonetheless face stigmatization among the broader population.[ clarification needed ]

Contents

Legality of same-sex sexual activity

Until June 2016, Section 151 of the Penal Code banned male same-sex intercourse with up to 14 years' imprisonment. [1] Female same-sex sexual acts were not covered by Section 151 or any other criminal law of Seychelles. [2]

In October 2011, the Seychellois Government agreed to decriminalize same-sex sexual acts "pretty soon, as the Government and civil society want so". [3] On 29 February 2016, the Government decided to introduce a bill to this effect. The National Assembly was expected to consider the measure within a few months. Attorney General Ronny Govinden ruled out a referendum on the issue. [4] [5] The bill was approved on 18 May 2016, in a 14–0 vote. [6] It was signed into law by President James Michel on 1 June, and took effect on 7 June 2016. [7] [8]

Recognition of same-sex relationships

Seychelles does not recognize same-sex marriage or same-sex civil unions. [9]

In June 2015, two men, a British national and a Seychellois national, were married at the British High Commission by Lindsay Skoll, the High Commissioner of Seychelles. [10]

Discrimination protections

The Employment Act, 1995 (French : Loi de 1995 sur l'emploi) prohibits employment discrimination on the basis of sexual orientation. This prohibition was added to the act in 2006. [2] The Act provides as follows: [11]

Section 2. In this act –

* * * *
"harassment" means any such unfriendly act, speech or gesture of one person towards another person that is based on the other person's ... sexual orientation ... as would adversely affect the other person's dignity or make that person feel threatened, humiliated or embarrassed;

Section 46A. (1) Where an employer makes an employment decision against a worker on the grounds of the worker's ... sexual orientation ..., the worker may make a complaint to the Chief Executive stating all the relevant particulars.

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2016)
Equal age of consent (15) Yes check.svg (Since 2016)
Anti-discrimination laws in employment Yes check.svg (Since 2006)
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) Yes check.svg (Since 2006)
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 Emblem-question.svg
Right to change legal gender Emblem-question.svg
Access to IVF for lesbians Emblem-question.svg
Commercial surrogacy for gay male couples Emblem-question.svg
MSMs allowed to donate blood X mark.svg

See also

Related Research Articles

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Chad face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are illegal in the country. Before the new penal code took effect in August 2017, homosexual activity between adults had never been criminalised. There is no legal protection against discrimination based on sexual orientation and gender identity.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Gabon face legal challenges not experienced by non-LGBT residents. Except for a period between July 2019 and June 2020, same-sex sexual activity has generally been legal in Gabon.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBT residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by 5 years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBT people.

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

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.

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

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.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Nicaragua face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Nicaragua. Discrimination based on sexual orientation is banned in certain areas, including in employment and access to health services.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Sri Lanka face significant challenges not experienced by non-LGBT residents. Article 365 of the Sri Lankan Penal Code, which dates from the time of colonial British Ceylon, criminalizes sexual acts deemed "against the order of nature". This has been ruled unenforceable by the Supreme Court, but the court does not have the power to remove laws outright. A private members' bill submitted to parliament in August 2022 has been given the support of the ruling government and is likely to be passed by parliament in 2023.

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

Lesbian, gay, bisexual and transgender (LGBT) people in Bhutan face legal challenges that are not faced by non-LGBT people. Same-sex sexual activity was decriminalised in Bhutan on 17 February 2021.

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

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.

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

Lesbian, gay, bisexual, and transgender (LGBT) persons in Belize face legal challenges not experienced by non-LGBT citizens, although attitudes have been changing in recent years. Same-sex sexual activity was decriminalized in Belize in 2016, when the Supreme Court declared Belize's anti-sodomy law unconstitutional. Belize's constitution prohibits discrimination on the basis of sex, which Belizean courts have interpreted to include sexual orientation.

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

Lesbian, gay, bisexual, and transgender (LGBT) people are generally discriminated against in the Maldives.

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

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 was criminalized by Section 250 of the Criminal Code. However, Mauritius fully decriminalized homosexuality in October 2023. 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.

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

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.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.

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

Lesbian, gay, bisexual and transgender (LGBT) people in Tuvalu face challenges not faced by non-LGBT people. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced. Employment discrimination on the basis of sexual orientation has been banned since 2017.

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

Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT persons. Same-sex sexual activity has been legal since May 2016, but there are no legal recognition of same-sex unions, or protections against discrimination in the workplace or the provision of goods and services.

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.

This is a timeline of notable events in the history of non-heterosexual conforming people of African ancestry, who may identify as LGBTIQGNC, men who have sex with men, or related culturally specific identities. This timeline includes events both in Africa, the Americas and Europe and in the global African diaspora, as the histories are very deeply linked.

References

  1. "The Penal Code, Seychelles" (PDF).
  2. 1 2 "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults", International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2012 Archived 17 October 2012 at the Wayback Machine :page: 34
  3. ""Seychelles to Decriminalize Homosexuality, Other Countries Say No", care2, reported by Paul Canning, 5 October 2011". Archived from the original on 16 June 2016. Retrieved 25 December 2012.
  4. "Seychelles' parliament to consider decriminalising homosexuality in 2016". www.seychellesnewsagency.com.
  5. "The Seychelles will make gay sex legal". Gay Star News. Archived from the original on 27 March 2019. Retrieved 3 March 2016.
  6. "Seychelles repeals colonial-era law banning gay sex". 18 May 2016.
  7. "Act 11 of 2016 Penal Code (Amendment)" (PDF). Archived from the original (PDF) on 28 May 2019. Retrieved 8 September 2017.
  8. "Penal Code (Amendment) Act, 2016 | Seychelles Legal Information Institute". seylii.org. Archived from the original on 28 May 2019. Retrieved 20 May 2020.
  9. ""Gay Marriage Legalities Worldwide", Gay Wedding Destinations". Archived from the original on 27 August 2016. Retrieved 25 December 2012.
  10. First same-sex union in Seychelles takes place at British high commissioner's residence Seychelles News Agency
  11. "Employment Act, 1995" (PDF). Retrieved 28 December 2012.[ dead link ]