LGBT rights in Montserrat

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LGBT rights in Montserrat
Same-sex sexual activity legal? Legal since 2001
Gender identity/expression -
Military service UK responsibility
Discrimination protections Yes, sexual orientation olny
Family rights
Recognition of

Same-sex sexual activity is legal in Montserrat since 2001.[1]

Law regarding same-sex sexual activity[edit]

Before 2000, anal sex was a criminal offence. However, sexual acts between two consenting adult males in private were expressly decriminalized by an Order in Council in Montserrat (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7).[2] According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex, or sex in public, remains a criminal offence and may also lead to a charge under gross indecency and other minor sexual offence laws.[3]

As a British overseas territory, the Montserrat is required to comply with their obligations under the international human rights instruments which have been extended to them. Specifically this includes an adherence to the European Convention on Human Rights which highlight a responsibility to ensure non-discrimination.[4]

Recognition of same-sex relationships[edit]

Same-sex marriage in Montserrat is not legal. Article 10(1) of the Constitution reads:

Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.[5]

Discrimination protections[edit]

The article 16 of the Constitution and the article 79 of the Labour Code bans discrimination based on sexual orientation.[5][6]

See also[edit]