LGBT rights in the Democratic Republic of the Congo

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Democratic Republic of the Congo may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal. Both male and female same-sex sexual activity is legal in the Democratic Republic of the Congo, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couple.

Not to be confused with LGBT rights in the Republic of the Congo.

LGBT rights in the Democratic Republic of the Congo
StatusLegal[1]
Gender identityNo
MilitaryNo
Discrimination protectionsNo[2]
Family rights
Recognition of relationshipsNo
RestrictionsSame-sex marriage banned constitutionally since 2006
AdoptionNo[3]

Laws regarding same-sex sexual activity

Same-sex sexual activity is legal in the Democratic Republic of the Congo. Age of consent is equal, regardless of sex.[1] Homosexual acts have never been explicitly outlawed in the country's history. Before the foundation of the state in 1960, the Democratic Republic of the Congo was ruled by the European colonial power Belgium. In Belgium, homosexual acts were decriminalized in 1794.

The U.S. Department of State's 2010 Human Rights Report found that "individuals engaging in public displays of homosexuality were subject to prosecution under public decency provisions in the penal code and articles in the 2006 law on sexual violence."[2]

Recognition of same-sex relationships

There is no legal recognition of same-sex unions. There is a constitutional ban on same-sex marriage since 2006. The first paragraph of article 40, in the current Congolese constitution, states that "Every individual has the right to marry the person of their choice, of the opposite sex".[4]

Discrimination protections

There is no anti-discrimination law protecting sexual orientation.[2]

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that:

"homosexuality remained a cultural taboo, and while harassment by state security forces continued, there were no reports during the year of police harassing gays and lesbians or perpetrating or condoning violence against them."[2]

Summary table
Same-sex sexual activity legal (Always legal)
Equal age of consent (Since 2006)
Anti-discrimination laws in hate speech and violence
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Same-sex marriage (Constitutional ban since 2006)
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians 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

References
  1. "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  2. "DEMOCRATIC REPUBLIC OF THE CONGO" (PDF).
  3. étrangères, Ministère de l'Europe et des Affaires. "Adoption au Congo (République Démocratique)". France Diplomatie - Ministère de l'Europe et des Affaires étrangères.
  4. "Constitution de la République Démocratique du Congo". Archived from the original on 12 August 2006.


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