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LGBTQ rights in the Central African Republic

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LGBTQ rights in the Central African Republic
Central African Republic
StatusLegal
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo
RestrictionsSame-sex marriage constitutionally banned since 2016
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Central African Republic may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in the Central African Republic, however LGBT persons face stigmatization among the broader population.

The Central African Republic was one of the few African states that signed a "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.

Laws regarding same-sex sexual activity

Same-sex sexual activity is illegal under "expressions of love". According to the U.S. Department of State's 2012 human rights report, 

   The penal code criminalizes consensual same-sex sexual activity. The penalty for "public expression of love" between persons of the same sex is imprisonment for six months to two years or a fine of between 150,000 and 600,000 CFA francs ($300 and $1,200). When one of the participants is a child, the adult may be sentenced to two to five years' imprisonment or a fine of 100,000 to 800,000 CFA francs ($200 and $1,600); however, there were no reports that police arrested or detained persons [in 2012] under these provisions.[2]


However, the U.S. Department of State's 2012 human rights report found that,

The penal code criminalizes consensual same-sex sexual activity. The penalty for "public expression of love" between persons of the same sex is imprisonment for six months to two years or a fine of between 150,000 and 600,000 CFA francs ($300 and $1,200). When one of the participants is a child, the adult may be sentenced to two to five years' imprisonment or a fine of 100,000 to 800,000 CFA francs ($200 and $1,600); however, there were no reports that police arrested or detained persons [in 2012] under these provisions.[1]

Recognition of same sex relationships

There is no legal recognition of same-sex couples.

Same-sex marriage is constitutionally banned as marriage is defined in Article 7 of the Constitution as "the union between one man and one woman ... Family and marriage are under the protection of the State."[2]

Adoption and family planning

According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether single LGBT people are disqualified or not.[3]

Living conditions

The U.S. Department of State's 2012 Human Rights Report found that,

While there is official discrimination based on sexual orientation, there were no reports of the government targeting gays and lesbians. However, societal discrimination against lesbian, gay, bisexual and transgender persons was entrenched, and many citizens attributed the existence of homosexuality to undue Western influence. There were no known organizations advocating or working on behalf of the lesbian, gay, bisexual, or transgender persons.[1]

Summary table

Same-sex sexual activity legal No (Penalty up to 5 years in prison and a fine)
Equal age of consent No
Anti-discrimination laws in hate speech and violence No
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Same-sex marriage No Same-sex marriage constitutionally banned since 2016
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

  1. ^ a b 2012 Country Reports on Human Rights Practices: Central African Republic, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, pages 34-35
  2. ^ "Constitution of the Central African Republic", National Assembly of the CAR
  3. ^ "Fiches pays Adoption: Centrafrique", France Diplomatie, French Ministry of Foreign Affairs, Google translation
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