LGBT rights in Seychelles
| LGBT rights in Seychelles | |
|---|---|
|
| |
| Same-sex sexual activity legal? |
Male illegal Female legal |
Penalty: | 14 years imprisonment (not enforced) |
| Gender identity/expression | Unknown |
| Military service | Unknown |
| Discrimination protections | Sexual orientation protections (see below) |
| Family rights | |
| Recognition of relationships | No |
| Adoption | Married couples or single persons may adopt |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Seychelles face legal challenges not experienced by non-LGBT residents. A male's having "carnal knowledge against the order of nature" of another male is illegal in the Seychelles. Same-sex sexual acts among females are legal.
Same-sex sexual acts
Section 151 of The Penal Code says,[1]
Any person who -
(a) has carnal knowledge of any person against the order of nature; or
* * * *
(c) permits a male person to have carnal knowledge of him ... against the order of nature,
is guilty of a felony, and is liable to imprisonment for fourteen years.
Female same-sex sexual acts are not covered by Section 151 or any other criminal law of the Seychelles.[2]:page: 34
In October 2011, the government agreed to decriminalize same-sex sexual acts "pretty soon, as the government and civil society want so."[3] On 29 February 2016, the government decided to introduce the bill to this effect. The parliament is expected to consider the measure within few months. The Attorney General Ronny Govinden ruled out the referendum on the issue.[4][5]
Recognition of same-sex relationships
The Seychelles does not recognize same-sex marriage or same-sex civil unions.[6]
Protection against employment discrimination
The Employment Act, 1995 prohibits employment discrimination on the basis of sexual orientation. This prohibition was added to the Act in 2006.[2]:footnote: 55, page: 15 The Act provides as follows:[7]
Section 2. In this act –
* * * *
"harassment" means any such unfriendly act, speech or gesture of one person towards another person that is based on the other person's ... sexual orientation ... as would adversely affect the other person's dignity or make that person feel threatened, humiliated or embarrassed;
Section 46A. (1) Where an employer makes an employment decision against a worker on the grounds of the worker's ... sexual orientation ..., the worker may make a complaint to the Chief Executive stating all the relevant particulars.
Adoption of children
A married couple or a single person may adopt a child.[8]
Summary table
| Same-sex sexual activity legal |  For male (Penalty: Up to 14 years imprisonment; not enforced /  For female (Decriminalization proposed) |
| Equal age of consent | For male / For female |
| Anti-discrimination laws in employment | Since 2006 |
| 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
- ↑ The Penal Code, Seychelles
- 1 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, May 2012
- ↑ "Seychelles to Decriminalize Homosexuality, Other Countries Say No", care2, reported by Paul Canning, 5 October 2011
- ↑ "Seychelles' parliament to consider decriminalising homosexuality in 2016".
- ↑ "The Seychelles will make gay sex legal". Gay Star News.
- ↑ "Gay Marriage Legalities Worldwide", Gay Wedding Destinations
- ↑ Employment Act, 1995
- ↑ "Intercountry Adoption: Seychelles", Bureau of Consular Affairs, United States Department of State, August 2009
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