LGBT rights in the Cook Islands
LGBT rights in the Cook Islands | |
|---|---|
 | |
| Status | Male illegal Female legal |
| Penalty | Up to 14 years imprisonment (not enforced) |
| Discrimination protections | Protections in employment; sexual orientation only (see below) |
| Family rights | |
| Recognition of relationships | No recognition of same-sex couples |
| Restrictions | Local law limits marriage to one man and one woman |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cook Islands may face legal challenges not experienced by non-LGBT residents. Homosexuality is illegal for males in the Cook Islands, though female homosexual acts are legal.[1] Same-sex marriage is outlawed. However, employment discrimination on the basis of sexual orientation is banned.
Laws regarding same-sex sexual activity
Crimes Act 1969
Male homosexuality is illegal in the Cook Islands. Consensual male sodomy is punishable by up to seven years' imprisonment,[2] while indecency between males is punishable by up to five years' imprisonment.[3]
154. Indecency between males - (1) Every one is liable to imprisonment for a term not exceeding five years who, bring a male,- (a) Indecently assaults any other male; or (b) Does any indecent act with or upon any other male; or (c) Induces or permits any other male to do any indecent act with or upon him. (2) No boy under the age of fifteen years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph (c) of subsection (1) of this section, unless the other male was under the age of twenty-one years. (3) It is not defence to a charge under this section that the other party consented.
155. Sodomy - (1) Every one who commits sodomy is liable- (a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen years; (b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years; (c) In any other case, to imprisonment for a term not exceeding seven years. (2) This offence is complete upon penetration. (3) Where sodomy is committed on any person under the age of fifteen years he shall not be charged with being a party to that offence, but he may be charged with being a party to an offence against section 154 of this Act in say case to which that section is applicable. (4) It is no defence to a charge under this section that the other party consented.
159. Keeping Place of resort for homosexual acts -Every one is liable to imprisonment for a term not exceeding ten years who- (a) Keeps or manages, or acts or assists in the management of, say premises used as a place of resort for the commission of indecent acts between males; or (b) Being the tenant, lessee, or occupier of any promises, knowingly permits the premises or any part thereof to be used as a place of resort for the commission of indecent acts between males; or (c) Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part thereof with the knowledge that the premises are to be used as a place of resort for the commission of indecent acts between males, or that dome part thereof is to be so used, or is wilfully a party to the continued use of the premises or any part thereof as a place of resort for the commission of such acts as aforesaid.
More in line with the Criminal Code sections 152 and 153,the age of consent for same-sex men and women is begins, starting at 15 years
152. Indecent act between woman and girl - (1) Every woman of or over the age of twenty-one years is liable to imprisonment for a term not exceeding seven years who-
(a) Does any indecent act with or upon any girl under the age of fifteen years; or
(b) Induces or permits any girl under the age of fifteen years to do say indecent act with or upon her.
(2) The girl shall not be charged as a party to an offence committed with or upon her against this section.
(3) It is no defence to a charge under this section that the girl consented.
153. Indecency between man and boy - (1) Every one is liable to imprisonment for a term not exceeding ten years who, being a male-
(a) Indecently assaults any boy under the age of fifteen years; or
(b) Does any indecent act with or upon any boy under the age of fifteen years; or
(c) Induces or permits any boy under the age of fifteen years to do any indecent act with or upon him.
(2) No person under the age of twenty-one years shall be charged with committing or being a party to an offence against this section.
(3) It is no defence to a charge under this section that the boy consented.
Crimes Bill 2017
The draft Crimes Bill 2017, announced in August 2017, decriminalises same-sex sexual activity between men.[4][5][6] The public submissions to the parliamentary select committee began on 9 August.[7][8]
Recognition of same-sex relationships
Same-sex marriage was outlawed by the Marriage Amendment Act 2000.[9] The law was clarified in 2007 to state that "no person shall be permitted to marry another person who is of the same gender as him or herself,"[10] and to legislatively define the gender of transsexuals. On 28 April 2013, Prime Minister Henry Puna expressed his personal opposition to the legalisation of same-sex marriage.[11][12]
Civil unions are not recognized either (though both civil marriage and civil unions by same-sex couples are recognized and performed in New Zealand).[13][14]
Discrimination protections
Discrimination on the basis of "sexual preference" is prohibited in employment, according to Section 55(e) of the Employment Relations Act 2012, which entered into force on 1 July 2013.[15]
Section 10(g) of the Cook Islands Disability Act 2008 prohibits discrimination against persons with disability based on sexual orientation.[16]
Living conditions
The Cook Islands Christian Church is the largest religion on the islands, with more than half of the population claiming an affiliation to it. The Congregationalist church believes that homosexuality and cross-dressing are signs of immorality and this impacts both public attitudes as well as government policy. The Cook Islands LGBT community feels the need to be discreet and travel advisories also urge visitors to be discreet and not to engage in public displays of affection.[17]
Summary table
| Same-sex sexual activity legal |  For male/ For female (Legalisation proposed)
|
| Equal age of consent | For male/ For female (Proposed)
|
| Anti-discrimination laws in employment only | (Since 2013)
|
| 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 |
|
| Stepchild adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Gays, lesbians and bisexuals allowed to serve openly in the military | (New Zealand's responsibility)
|
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
| MSMs allowed to donate blood |
|
See also
References
- ^ "Homosexuality World legal wrap up survey" (PDF). International Lesbian and Gay Association. 2006. Archived from the original (PDF) on 10 March 2012. Retrieved 14 July 2009.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Crimes Act 1969, section 155.
- ^ Crimes Act 1969, section 154.
- ^ New draft Bill decriminalises homosexuality
- ^ The Cook Islands are set to decriminalize homosexuality
- ^ This island nation is set to decriminalise homosexuality
- ^ Crimes Bill goes to committee
- ^ Cooks to begin hearing submissions on Crimes Bill
- ^ Marriage Amendment Act 2000
- ^ Marriage Amendment Act 2007
- ^ Cook Islands PM rules out marriage equality
- ^ No gay marriage in the Cook Islands, says prime minister
- ^ Frequently Asked Questions
- ^ Cook Islands Fact file
- ^ Employment Relations Act 2012
- ^ Cook Islands Disability Act 2008
- ^ Information Cook Islands.