LGBT rights in the Republic of the Congo

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Republic of the Congo may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in the Republic of the Congo, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples, with reports of high level of discrimination and abuses against LGBT people.

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

LGBT rights in the Republic of the Congo
StatusLegal since 1940,[1] unequal age of consent
Gender identityNo
MilitaryNo
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo
AdoptionNo

Laws regarding same-sex sexual activity

Same-sex relationships have been legal in the Republic of the Congo since 1940. The text of the 1940 Penal Code, as amended in 2006, only prohibits same-sex sexual behaviour with a person younger than 21 years. There is an unequal age of consent, with it being 18 for opposite-sex sexual activity.[1]

Recognition of same-sex relationships

There is no legal recognition of same-sex unions.

Discrimination protections

There is no legal protection against discrimination based on sexual orientation or gender identity.

Living conditions

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

"there was not a large openly gay or lesbian community due to the social stigma associated with homosexuality" and that "there were no known cases of violence or discrimination against gays, lesbians, or transgendered individuals during the year. While discrimination may exist due to the social stigma surrounding homosexuality, no such cases were reported to the NGOs or covered by the media."[2]

Summary table
Same-sex sexual activity legal (Always legal)
Equal age of consent (Since 1947)[3]
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
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. Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). p. 45. Archived from the original (PDF) on 11 June 2012. Retrieved 5 May 2009.
  2. "REPUBLIC OF THE CONGO" (PDF).
  3. "Archived copy" (PDF). Archived from the original (PDF) on 19 July 2013. Retrieved 10 March 2016.CS1 maint: archived copy as title (link)


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