LGBT rights in Curaçao

LGBT rights in Curaçao
Same-sex sexual intercourse legal status Legal
Military service Yes
Discrimination protections No
Family rights
Recognition of
relationships		 Same-sex marriages performed in the Netherlands recognized

Lesbian, gay, bisexual, and transgender (LGBT) persons in Curaçao may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Curaçao, but same-sex couples with Dutch nationality must travel to the Netherlands to get married and legal protection of marriage is not unconditional.

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Curaçao.[1] The age of consent is 15 and is equal for both heterosexual and homosexual intercourse.

Recognition of same-sex relationships

As part of the Kingdom of the Netherlands, Curaçao is obliged to recognize same-sex marriages registered in the other parts of the Netherlands. These includes marriages performed in Bonaire, Saba and Sint Eustatius.

In April 2015, representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom.[2]

In August 2015, in the case of Oliari and Others v Italy, the European Court of Human Rights (ECHR) ruled that it is discriminatory to provide no legal recognition to same-sex couples. The ECHR has jurisprudence over Curaçao.[3]

As of 2017, a proposal to grant same-sex couples some limited rights is pending in the Estates of Curaçao.[4]

Living conditions

The Roman Catholic Church has a strong influence on the island was has often opposed proposals and discussions aimed at improving LGBT rights.[5]

In September 2017, in a speech called "historical" by LGBT activists, Prime Minister Eugene Rhuggenaath called for more acceptance at the Gay Pride Parade in Willemstad.[6][7]

Summary table

Same-sex sexual activity legal
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas
Same-sex marriages / (Marriages performed within the Kingdom recognized)[8]
Recognition of same-sex couples (Proposed)
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve in the military (Netherlands responsible for defence)
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gays male couples
MSMs allowed to donate blood

See also

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. ↑ "'Snel homorechten in alle delen van het Koninkrijk'". Retrieved 27 May 2018.
  3. ↑ "Olairi v. Italy: The First Step to Equal Marriage in Europe?". www.jurist.org. Retrieved 27 May 2018.
  4. ↑ "Schotte wants referendum on same sex marriage - Curaçao Chronicle". curacaochronicle.com. Retrieved 27 May 2018.
  5. ↑ "Moses MP: "Gay Parade is not part of our culture and it brings division in our community" - Curaçao Chronicle". curacaochronicle.com. Retrieved 27 May 2018.
  6. ↑ "'Historical' Speech Prime Minister Curaçao During Gay Pride". Curaçao Chronicle. 29 September 2017. Archived from the original on 29 September 2017.
  7. ↑ "'Historische' toespraak premier Curaçao op Gay Pride" (in Dutch). Nederlandse Omroep Stichting. 29 September 2017. Archived from the original on 29 September 2017.
  8. ↑ (in Dutch) ECLI:NL:HR:2007:AZ6095
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