LGBT rights in Suriname

Last updated

LGBTQ rights in Suriname
Suriname (orthographic projection).svg
Suriname
Status Legal since 1869, but the age of consent isn't equal [1]
Gender identity Gender change is allowed. Court order required.
Military No
Discrimination protections Yes, sexual orientation protections (see below)
Family rights
Recognition of relationships No recognition of same-sex couples
Adoption No

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. [2]

Contents

While homosexuality tends to be viewed as a taboo topic, the situation and attitudes have slowly changed in recent years. [3]

Legality of same-sex sexual activity

Same-sex sexual activity has been legal in Suriname since 1869. [4] The age of consent for heterosexual intercourse is 16, while the age of consent for homosexual intercourse is 18. [5]

Recognition of same-sex relationships

Recognition of same-sex unions in South America .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Marriage Other type of partnership Country subject to IACHR ruling Unrecognized Constitution limits marriage to opposite-sex couples Same-sex sexual activity illegal, though penalties not enforced v t e State recognition of same-sex relationships (South America).svg
Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Country subject to IACHR ruling
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

Same-sex marriages, civil unions or domestic partnerships are not possible in Suriname.

In February 2023, the Constitutional Court ruled the ban on same-sex marriage does not violate the constitution or Suriname's obligations under the Interamerican Convention on Human Rights. However, the court also found that the Civil Code is outdated and needs to be modernized following public debate. [6]

Discrimination protections

In March 2015, the Government introduced hate speech legislation which includes sexual orientation as a ground for non-discrimination complaints. Specifically, articles 175, 175a and 176 of the Surinamese Penal Code were updated to include sexual orientation. [7] [8] Violation of this law can result in a prison sentence of up to one year or a fine. In addition, articles 176c and 500a forbid discrimination based on sexual orientation in employment and the provision of goods and services. [9] Despite the protective legislation, the LGBT community continues to face discrimination from society. In 2014, the Government explicitly excluded LGBT people from social security legislation. According to the United States Department of State, some members of Parliament and the then-Vice President spoke out openly against LGBT persons, comparing homosexuality to a "disease" and inciting hatred and violence. Additionally, in 2015, there were reports of societal discrimination against the LGBT community in the areas of employment and housing. [10]

Gender identity and expression

In January 2017, the Eerste Kantongerecht (one of 3 Courts of First Instance in Suriname) granted a transgender woman the right to have her gender formally changed with the Central Bureau of Civil Affairs and ordered the registry to officially change her registration to reflect her amended status. [11] The Association of Pentecostal Churches in Suriname (VVPES) and the Suriname Islamic Association (SIV), which had protested against and opposed the right to recognize a gender change, indicated they would "accept the verdict". [12] [13] In February 2017, the Central Bureau of Civil Affairs formally appealed the court ruling. [14] In January 2022, the Suriname Court of Appeal ruled in favor and ordered the gender change on the birth certificate of the transgender woman who had undergone sex reassignment surgery in 2009. [15] [16]

Activism

Suriname's first public gay rights march took place on 11 October 2011 (National Coming Out Day, Nationale kom-uit-de-kastdag in Dutch) in Paramaribo, following MP Ronny Asabina's comments against homosexuality in June. Two members of the National Assembly, including Harish Monorath, attended the event. [17] It was partly organized by Suriname Men United, the largest gay men's organization in the country.

Other LGBT groups include PAREA and the LGBT Platform Suriname. Both are active in raising awareness of LGBT people, organising seminars with the police force on recognizing anti-LGBT violence, and pressing for the legal recognition of same-sex couples. [3] [18]

In late 2016, Justice Minister Jennifer van Dijk-Silos organized several public hearings in collaboration with civil society in Suriname to discuss the expansion of the rights of LGBT people. [7]

Public opinion

A 2010 opinion poll carried out by Vanderbilt University showed that 10.3% of the Surinamese population supported same-sex marriage. [19]

In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Suriname was ranked 46th with a GHI score of 48. [20]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1869)
Equal age of consent X mark.svg
Anti-discrimination laws in employment only Yes check.svg (Since 2015)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 2015)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes check.svg (Since 2015)
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 Yes check.svg (Since 2022)
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg (Commercial surrogacy is illegal for all couples regardless of sexual orientation)
MSMs allowed to donate blood Emblem-question.svg

See also

Related Research Articles

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Venezuela face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Venezuela, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Also, same-sex marriage and de facto unions are constitutionally banned since 1999.

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

New Zealand lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region to legalise same-sex marriage.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBTQ people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023. However, adoption rights in Cyprus are reserved for heterosexual couples only.

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

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Japan have fewer legal protections than in most other developed countries, although some developments towards stronger rights have been made in the 2020s. Same-sex sexual activity was criminalised only briefly in Japan's history between 1872 and 1881, after which a localised version of the Napoleonic Penal Code was adopted with an equal age of consent. Same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples, although since 2015 some cities and prefectures, covering over 60% of the population by 2023, offer "partnership certificates" to recognise the relationships of same-sex couples and provide some legal benefits. Japan is the only country in the G7 that does not legally recognize same-sex unions nationally in any form. In March 2021 and May 2023, the Sapporo and Nagoya District Courts ruled that not recognising same-sex marriage was a violation of the Constitution respectively. While in June 2022, the Osaka District Court ruled that not recognising same-sex marriage was not a violation of the Constitution, in November 2022, the Tokyo District Court ruled that the absence of same-sex marriage legislation was an unconstitutional state of affairs but did not violate the Constitution, though the court's ruling has no immediate legal effect. In June 2023, the Fukuoka District Court ruled that the ban on same-sex marriage was constitutional. A second ruling in September 2023 concluded that same-sex relationships should not be excluded from Japan's marriage system.

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

Lesbian, gay, bisexual and transgender (LGBT) individuals in the Republic of the Philippines have faced many difficulties in their homeland, such as prejudice, violence, abuse, assault, harassment and other forms of anti-LGBT rhetoric. Many LGBT Filipinos are met with mixed attitudes and reactions by their families, friends and others in their communities, as well as professionals, educators, their national public officials, politicians, attorneys and others working for the government and the rest of the general population.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Andorra have advanced significantly in the 21st century, and are now considered generally progressive. Civil unions, which grant all the benefits of marriage, have been recognized since 2014, and discrimination on the basis of sexual orientation is constitutionally banned. The General Council passed a bill on 21 July 2022 that would legalize same-sex marriage in 2023, and convert all civil unions into civil marriage. In September 2023, Xavier Espot Zamora, the Prime Minister of Andorra, officially came out as homosexual.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Azerbaijan face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Azerbaijan since 1 September 2000. Nonetheless, discrimination on the basis of sexual orientation and gender identity are not banned in the country and same-sex marriage is not recognized.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Malta rank among the highest in the world. Throughout the late 20th and early 21st centuries, the rights of the LGBTQ community received more awareness and same-sex sexual activity was legalized on 29 January 1973. The prohibition was already dormant by the 1890s.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Switzerland are some of the most progressive by world standards. Social attitudes and the legal situation have liberalised at an increasing pace since the 1940s, in parallel to the situation in Europe and the Western world more generally. Legislation providing for same-sex marriage, same-sex adoption, and IVF access was accepted by 64% of voters in a referendum on 26 September 2021, and entered into force on 1 July 2022.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face significant challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Uruguay rank among the highest in the world. Same-sex sexual activity has been legal with an equal age of consent since 1934. Anti-discrimination laws protecting LGBT people have been in place since 2004. Civil unions for same-sex couples have been allowed since 2008 and same-sex marriages since 2013, in accordance with the nation's same-sex marriage law passed in early 2013. Additionally, same-sex couples have been allowed to jointly adopt since 2009 and gays, lesbians and bisexuals are allowed to serve openly in the military. Finally, in 2018, a new law guaranteed the human rights of the trans population.

This is a list of notable events in the history of LGBT rights that took place in the year 2007.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Colombia have advanced significantly in the 21st century, and are now quite progressive. Consensual same-sex sexual activity in Colombia was decriminalized in 1981. Between February 2007 and April 2008, three rulings of the Constitutional Court granted registered same-sex couples the same pension, social security and property rights as registered heterosexual couples.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Rwanda face legal challenges not experienced by non-LGBT residents. While neither homosexuality nor homosexual acts are illegal, homosexuality is considered a taboo topic, and there is no significant public discussion of this issue in any region of the country and LGBT people still face stigmatization among the broader population. No anti-discrimination laws are afforded to LGBT citizens, and same-sex marriages are not recognized by the state, as the Constitution of Rwanda provides that "[o]nly civil monogamous marriage between a man and a woman is recognized". LGBT Rwandans have reported being harassed, blackmailed, and even arrested by the police under various laws dealing with public order and morality.

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

Lesbian, gay, bisexual, transgender, intersex, non-binary and otherwise queer, non-cisgender, non-heterosexual citizens of El Salvador face considerable legal and social challenges not experienced by fellow heterosexual, cisgender Salvadorans. While same-sex sexual activity between all genders is legal in the country, same-sex marriage is not recognized; thus, same-sex couples—and households headed by same-sex couples—are not eligible for the same legal benefits provided to heterosexual married couples.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Peru face some legal challenges not experienced by other residents. Same-sex sexual activity among consenting adults is legal. However, 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 Bolivia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Bolivia have expanded significantly in the 21st century. Both male and female same-sex sexual activity and same-sex civil unions are legal in Bolivia. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity. In 2016, Bolivia passed a comprehensive gender identity law, seen as one of the most progressive laws relating to transgender people in the world.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Guatemala face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are legal in Guatemala.

<span class="mw-page-title-main">LGBTQ rights in Georgia (U.S. state)</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.

<span class="mw-page-title-main">LGBT rights in the United States Virgin Islands</span>

In the U.S. Virgin Islands, Lesbian, gay, bisexual, and transgender (LGBT) rights have evolved substantially in recent years. Same-sex sexual activity has been legal since 1985. The region also provides explicit legal protections against discrimination for LGBTQ residents since December 2022. Following the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional, same-sex marriage became legal in the islands.

References

  1. ↑ "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). 2020. Archived from the original (PDF) on 24 December 2023.
  2. ↑ "Inter-American Court endorses same-sex marriage". Agence France-Presse . Yahoo7. 9 January 2018. Archived from the original on 9 January 2018. Retrieved 9 January 2018.
  3. 1 2 Gay Life in Suriname
  4. ↑ "The Criminalization of Homosexuality in Colonial History, by Dr Joseph O'Mahoney | Gender History Research Cluster". blogs.reading.ac.uk. Retrieved 8 May 2024.
  5. ↑ What is the Suriname Age of Consent?
  6. ↑ "LGBTQIA-gemeenschap krijgt bittere pil te slikken" [LGBTQIA community has a bitter pill to swallow]. de Ware Tijd (in Dutch). 1 February 2023. Archived from the original on 3 February 2023. Retrieved 8 February 2023.
  7. 1 2 Suriname Should Do the Right Thing on LGBT Rights at the UN
  8. ↑ Human Rights Situation for LGBTI Persons and Sexual Rights in the Republic of Suriname
  9. ↑ "Wetboek van Strafrecht" (PDF). www.dna.sr. 2015. Retrieved 10 December 2018.
  10. ↑ SURINAME 2015 HUMAN RIGHTS REPORT
  11. ↑ "Case SRU-K1-2017-2". rechtspraak.sr. 11 January 2017.
  12. ↑ "Transgender wins case for sex change recognition". The Daily Herald. Philipsburg, Sint Maarten. 12 January 2017. Archived from the original on 13 January 2017. Retrieved 12 January 2017.
  13. ↑ Leeuwin, Wilfred (11 January 2017). "Yvanna Hilton mag als vrouw door het leven" (in Dutch). Paramaribo, Suriname: De Ware Tijd. Archived from the original on 12 January 2017. Retrieved 12 January 2017.
  14. ↑ "Suriname appeals transgender verdict". www.thedailyherald.sx. Archived from the original on 1 November 2017. Retrieved 16 February 2017.
  15. ↑ "Grote stap in erkennen mensenrechten transgenders | Suriname Nieuws Centrale". surinamenieuwscentrale.com (in Dutch). Retrieved 2 December 2022.
  16. ↑ "Suriname Outright International". outrightinternational.org. Retrieved 2 December 2022.
  17. ↑ "Suriname holds first gay rights march". News24. Reuters. 12 October 2011.
  18. ↑ Suriname Debates Equal Rights
  19. ↑ Support for Same‐Sex Marriage in Latin America
  20. ↑ The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men Planet Romeo
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.