LGBT rights in Palau

LGBT rights in Palau
Same-sex sexual intercourse legal status Legal
Gender identity/expression –
Military service Has no military
Discrimination protections No
Family rights
Recognition of
relationships		 No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Palau face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Palau since 23 July 2014, when the current Penal Code took effect.[1][2] Previously, male same-sex sexual activity was illegal and punishable by up to ten years in prison; however, female same-sex activity was legal.[3]

In 2011, Palau signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[4]

Legality of same-sex sexual activity

After recommendations from other countries at the Universal Periodic Review in October 2011, the Palauan Government promised to fully decriminalise homosexuality.[5][6] In April 2014, President Tommy Remengesau signed into law the new Penal Code, which does not contain provisions outlawing consensual sex between people of the same sex.[7] The Penal Code took effect on 23 July 2014.

Recognition of same-sex relationships

Palau’s Constitution defines marriage as between a man and a woman. The same-sex marriage ban was added to the Constitution in 2008. The ban was among the 22 amendments passed during the November 4, 2008 referendum.[8][9]

Living conditions

Open displays of affection between same-sex partners may offend.[10]

Summary table

Same-sex sexual activity legal (Since 2014)
Equal age of consent (Since 2014)
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriage (Constitutional ban since 2008)
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military Has no military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. ↑ "Palau decriminalises sex between men". GayNZ.com. 15 October 2014. Archived from the original on 14 February 2017.
  2. ↑ "New Penal Code takes effect". Island Times. 25 July 2014. Archived from the original on 24 October 2014.
  3. ↑ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013-07-19 at WebCite
  4. ↑ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov.
  5. ↑ "Decriminalizing homosexuality step to genuine legal equality". Retrieved 27 July 2015.
  6. ↑ "Palau". Retrieved 27 July 2015.
  7. ↑ Two tiny nations drop anti-gay laws: Palau and Sao Tome Erasing 76 Crimes
  8. ↑ "C2D - Centre for research on direct democracy". Archived from the original on 15 April 2015. Retrieved 27 July 2015.
  9. ↑ "Asian-Pacific Law & Policy Journal » Blog Archive » The Rights and Liberties of the Palau Constitution by Kevin Bennardo". Retrieved 27 July 2015.
  10. ↑ "Palau travel advice - GOV.UK". Retrieved 27 July 2015.
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