LGBT rights in Mauritius

LGBT rights in Mauritius Mauritius

Same-sex sexual activity legal? Sodomy illegal
Penalty:
 Up to 5 years imprisonment
Discrimination protections Sexual orientation protected (employment only)
Family rights
Recognition of
relationships		 Unknown
Adoption Unknown

LGBT (lesbian, gay, bisexual, transgender) rights in Mauritius are legally complicated and vague in the republic. Although the law is silent on the topic of homosexuality and gender identity itself, sodomy is illegal and banned by the laws of the county. The nation was one of the 66 signatories of support for the UN declaration on sexual orientation and gender identity. Although same-sex relationships are not recognized, LGBT people are protected from any kind of discrimination with the constitution guaranteeing the right of individuals to private life.[1]

Laws about same-sex sexual activity

According to an unofficial translation of Section 250 of the Mauritius Criminal Code of 1838, "Any person who is guilty of the crime of sodomy [...] shall be liable to penal servitude for a term not exceeding 5 years."[2]

Discrimination

The Equal Opportunities Act 2008 prohibits employers from discriminating against persons based on their sexual orientation, with "sexual orientation" being defined to mean "homosexuality (including lesbianism), bisexuality or heterosexuality".[3]

Adoption of children

According to a 2006 report, adoptive parents may be either single or married. LGBT persons are not specifically disqualified.[4]

According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether LGBT people are disqualified.[5]

LGBT rights organisations

In Mauritius, there are two main organisations for the LGBT community: Collectif Arc en Ciel and Pils.[6]

Founded in 2005, Collectif Arc en Ciel ("Rainbow Collective") is the primary organisation for the LGBT community in Mauritius. The party fights homophobia and discrimination based on sexual orientation.[6]

Founded in 1996, Pils is a centre for individuals with HIV/AIDS in the country, and also a place for the prevention and education of people living with HIV/AIDS.[6]

Summary table

Same-sex sexual activity legal However anal sex is illegal punishable with 5 years imprisonment.
Equal age of consent
Anti-discrimination laws in employment only Since 2008
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
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. ↑ Archived 6 December 2013 at the Wayback Machine
  2. ↑ "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults", International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy and Jingshu Zhu, May 2013, page 51
  3. ↑ Equal Opportunities Act 2008, International Labor Organization
  4. ↑ "Intercountry Adoption: Mauritius", Passports USA, April 2006
  5. ↑ "Fiches pays Adoption: Maurice", France Diplomatie, French Ministry of Foreign Affairs, Google translation
  6. 1 2 3 "LGBT Mauritius". Retrieved 6 March 2015.
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