LGBT rights in Sint Eustatius

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LGBT rights in Sint Eustatius
Sint Eustatius 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 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.

Contents

Law regarding same-sex sexual activity

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

Recognition of same-sex relationships

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

The issue of same-sex marriage caused considerable controversy in Sint Eustatius. In 2010, the Island Council expressed unanimous opposition to the extension of same-sex marriage to Sint Eustatius. [4] The same-sex marriage law being passed by the Dutch House of Representatives led to calls of "neo-colonialism".

Discrimination protections

The Criminal Code BES (Dutch : Wetboek van Strafrecht BES), which applies to Sint Eustatius and the islands of Bonaire and Saba, 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 Sint Eustatius. 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 Sint Eustatius' very small population, there is no gay scene on the island, nor any specific gay bars or venues. [9] A majority of St. Eustatians affiliate with Christian churches, with Methodism and Roman Catholicism being the two largest denominations. As such, societal perceptions of LGBT people tend to reflect Christian mores, and gay and lesbian locals "tend to keep a low profile".

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

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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.

<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 active 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 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 Suriname</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Suriname may face legal challenges not experienced by non-LGBT 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 (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">LGBT rights in Aruba</span>

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 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.

<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">Kingdom of the Netherlands</span> Sovereign state including the Netherlands

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<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 so-called 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

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<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 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.

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.

<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 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">Sint Eustatius national football team</span> Caribbean national football team

The Sint Eustatius national football team is the national association football team of the Caribbean island of Sint Eustatius. It is a not member of the Caribbean Football Union, CONCACAF, or FIFA and therefore cannot compete in tournaments sanctioned by these organizations. It is under the auspices of the Statia Football Association.

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. "Sint Eustatius verzet zich tegen homohuwelijk". Volkskrant (in Dutch). 21 April 2010.
  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. Richard Ammon (September 2012). "Gay Life in Sint Eustatius". Globalgayz.