| Part of the LGBT rights series |
 LGBTQportal |
Mauritius does not recognise same-sex marriages or civil unions. The Civil Code of Mauritius does not provide for the recognition of same-sex unions.
Same-sex sexual relations were previously prohibited in Mauritius under a colonial-era law. [1] [2] This law stipulated a penalty of five years' imprisonment for consensual, private sexual relations between people of the same sex. Although it was generally not enforced, instances were occasionally reported to the police, [3] instilling fear in the LGBT community. It was struck down as unconstitutional by the Supreme Court of Mauritius in October 2023. [4] Laws prohibiting discrimination on the basis of sexual orientation, [5] and a more welcoming and accepting society relative to other African nations have cemented Mauritius as one of "Africa's most LGBT-friendly countries". [6] Nevertheless, LGBT people report frequent discrimination and abuse in everyday life, particularly from family members. [3] Media has reported that many LGBT people are forced into opposite-sex "corrective marriages". [7]
Marriage in Mauritius is governed by the Civil Code. The code does not expressly forbid same-sex marriages and does not contain a definition of marriage. However, it generally refers to married spouses as "man" and "woman". [8] The Civil Status Act 1981 (French : Loi sur l'état civil de 1981; Mauritian Creole: Lalwa lor leta sivil 1981) further stipulates the requirements and application process for couples wishing to marry in either a civil marriage ceremony or a religious ceremony. [9] Similarly, it does not contain an explicit definition of marriage and does not expressly ban same-sex marriages. Civil unions (French : union civile, pronounced [ynjɔ̃ sivil] ; Mauritian Creole: linyon sivil), which would offer a subset of the rights and benefits of marriage, are likewise not recognised in Mauritius. As a result, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others. [7] In addition, a same-sex couple composed of a Mauritian and a foreign national, whose marriage was performed abroad in a country where same-sex marriage is legal, will not benefit from the same rights as a married heterosexual couple. The foreign spouse will not be able to receive a residence permit, whereas they would have benefited from one if they were of the opposite sex. [7] In 2016, the Law Reform Commission announced it "was looking into" a case to legalise same-sex marriage. [10]
The Constitution of Mauritius does not explicitly ban same-sex marriages, but prohibits discrimination on a variety of grounds including race, creed or sex. The Supreme Court held in 2023 in Ah Seek v The State of Mauritius that the category "sex" includes sexual orientation. [11] However, the court did not rule whether this constitutional prohibition of discrimination guarantees same-sex couples the right to marry. In 2023, activists announced they would continue to campaign for social and legal changes for LGBT people, particularly with regard to "marriage equality and the recognition of transgender people". [12]
The Catholic Church, the largest Christian denomination in Mauritius, opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [13]
Lesbian, gay, bisexual, and transgender (LGBT) people in Serbia face significant challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, 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) people in Mali face legal and societal challenges not experienced by non-LGBTQ residents. Although same-sex sexual activity is not illegal in Mali, LGBT people face widespread discrimination among the broader population. According to the 2007 Pew Global Attitudes Project, 98 percent of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed. The Constitution of Mali has outlawed same-sex marriage since 2023.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Belgium are regarded as some of the most progressive in Europe and the world. In 2023, ILGA-Europe ranked Belgium as second in the European Union for LGBT rights protection, behind Malta. In 2024, ILGA-Europe ranked Belgium the third highest after Malta and Iceland.
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.
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.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. In November 2023 registered partnerships were codified into law. These partnerships are available to both same and different sex couples - since July 1, 2024 the implemented registered partnership law has the similar rights and obligations as married couples - with the exception of the title of marriage, and adoption or inheritance rights.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Luxembourg have the same legal rights as non-LGBTQ people. Partnerships, which grant many of the benefits of marriage, have been recognised since 2004. In June 2014, the Luxembourgish Parliament passed a law enabling same-sex marriage and adoption rights, which took effect on 1 January 2015. Additionally, discrimination on the basis of sexual orientation and "change of sex" in employment, healthcare and the provision of goods and services is outlawed, and transgender people are allowed to change their legal gender on the basis of self-determination.
Lesbian, gay, bisexual, and transgender (LGBT) people in Monaco may face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Monaco. However, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Monaco is the least developed among Western European countries in terms of LGBT equality.
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 LGBTQ people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. 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 LGBTQ people.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe and Oceania.
Discussions of LGBTQI+ rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Guinea-Bissau face legal challenges not experienced by non-LGBTQ 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) rights in Mauritius have expanded in the 21st century, although LGBT Mauritians may still face legal difficulties not experienced by non-LGBTQ 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.
Same-sex unions have been recognised in the microstate of Monaco since 27 June 2020. On 4 December 2019, the National Council passed a bill establishing cohabitation agreements, offering both same-sex and opposite-sex couples limited rights and benefits in the areas of inheritance and property. The law took effect on 27 June.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mozambique face legal challenges not faced by non-LGBTQ people. Same-sex sexual activity became legal in Mozambique under the new Criminal Code that took effect in June 2015. Discrimination based on sexual orientation in employment has been illegal since 2007.
Lesbian, gay, bisexual, and transgender (LGBT) people in Micronesia may face legal difficulties not experienced by non-LGBT residents. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized. Discrimination on the basis of sexual orientation has been illegal since 2018.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, 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.
Seychelles does not recognise same-sex marriages or civil unions. The Civil Code of Seychelles does not provide for the recognition of same-sex unions, and the Constitution of Seychelles grants the state the power to restrict marriage to persons of the opposite sex.
Status of same-sex unions around the world | ||
|---|---|---|
| Africa |  | |
| Americas | ||
| Asia | ||
| Europe |
| |
| Oceania |
| |
| Antarctica |
| |