LGBT rights in the British Virgin Islands are seen to be restricted in comparison to most Western countries.
Law regarding same-sex sexual activity [edit]
Before 2000, anal sex was a criminal offence referred to as the crime of buggery under the British Virgin Islands Criminal Code. However, sexual acts between two consenting adult males in private were expressly decriminalized by an Order in Council in the British Virgin Islands (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7).[1] 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.[2]
As a British overseas territory, the British Virgin Islands Government 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.[3]
Recognition of same-sex relationships [edit]
Same-sex marriage in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious society,[4] and no discussion relating to legalisation has yet occurred in the House of Assembly. Church leaders have indicated hostility towards the possibility of legalisation,[5] and political leaders have taken an unsympathetic approach in public.[6] The Constitution does, however, prohibit discrimination against people on the basis of sexual orientation.[7]
See also [edit]
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