LGBT rights in Saint Helena, Ascension and Tristan da Cunha
LGBT rights in Saint Helena, Ascension and Tristan da Cunha | |
---|---|
| |
Same-sex sexual intercourse legal status | Legal |
Military service | UK responsible for defense (Since 2000) |
Discrimination protections | Yes (on the basis of sexual orientation only), since 2009 |
Family rights | |
Recognition of relationships | Same-sex marriage legal since 2017 |
Adoption | Yes since 2017 |
LGBT rights in Saint Helena, Ascension and Tristan da Cunha have gradually evolved over the years. Discrimination on the basis of sexual orientation is banned in the entire territory through the Constitution Order 2009 and same-sex marriage has been legal on the islands since 2017.[1]
Legality of same-sex sexual activity
Homosexuality is legal in Saint Helena, Ascension and Tristan da Cunha. Same-sex sexual acts were expressly decriminalised under the UK's Caribbean Territories (Criminal Law) Order, 2000.[2]
Recognition of same-sex relationships
Same-sex marriage has been legal on Ascension Island since 1 January 2017,[3][4] on Tristan da Cunha since 4 August 2017,[5][6] and since 20 December 2017 on Saint Helena.[7]
Discrimination protections
The St Helena, Ascension and Tristan da Cunha Constitution Order 2009 bans discrimination based on sexual orientation.[1]
Adoption and parenting
Under the Saint Helena Welfare of Children Ordinance 2010 (which applies to Saint Helena and Tristan da Cunha) and the Ascension Island Child Welfare Ordinance 2011 (which applies to Ascension Island), only married couples may adopt. Same-sex couples may marry in the territory, therefore they also have the right to adopt. Local agencies, in the case of an adoption, follow the letter of the law with the best interest and the views of the child.[8][9]
According to a 2006 UK Government report, there have been no adoptions in Saint Helena or Ascension Island for many years.[10]
Summary table
Same-sex sexual activity legal | |
Equal age of consent | |
Anti-discrimination laws in employment only | |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws all other areas (incl. indirect discrimination, hate speech) | |
Same-sex marriage | |
Recognition of same-sex couples | |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
LGBT allowed to serve openly in the military | |
Right to change legal gender | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
See also
- LGBT rights in Africa
- LGBT rights in the United Kingdom
- Politics of Saint Helena, Ascension and Tristan da Cunha
- Leendert Hasenbosch, a Dutch sailor who in 1725 was marooned on Ascension Island as a punishment for sodomy
References
- 1 2 The St Helena, Ascension and Tristan da Cunha Constitution Order 2009
- ↑ "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Retrieved 19 January 2011.
- ↑ "The St. Helena Government Gazette No 111 2016" (PDF). Ascension Island Government. 23 December 2016. Archived from the original (PDF) on 4 January 2017.
- ↑ "Marriage (Ascension) (Commencement) Order, 2016" (PDF). Ascension Island Government. 1 January 2017. Archived from the original (PDF) on 14 January 2017.
- ↑ Phillips, Lisa (4 August 2017). "Ascension Marriage Ordinance now extended to Tristan da Cunha. This means same sex marriage in both islands is enshrined in law". Twitter. Archived from the original on 4 August 2017. Retrieved 4 August 2017.
- ↑ "The St. Helena Government Gazette No. 57 of 2017" (PDF). Government of Saint Helena. 4 August 2017. Archived from the original (PDF) on 4 August 2017. Retrieved 4 August 2017.
- ↑ This tiny island just passed same-sex marriage
- ↑ WELFARE OF CHILDREN ORDINANCE
- ↑ CHILD WELFARE ORDINANCE 2011
- ↑ UNITED KINGDOM OVERSEAS TERRITORIES AND CROWN DEPENDENCIES, "This report sets out the progress made in the UK’s Overseas Territories and Crown Dependencies in implementing the Convention on the Rights of the Child since 1999, OHCHR