LGBT rights in Antigua and Barbuda

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LGBT rights in Antigua and Barbuda
LocationAntiguaAndBarbuda.png
Same-sex sexual activity legal? Illegal
Penalty:
Up to 15 years imprisonment
Family rights
Recognition of
relationships
No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Antigua and Barbuda face legal challenges not experienced by non-LGBT citizens. Same-sex sexual acts are illegal in Antigua and Barbuda.

Law regarding same-sex sexual activity[edit]

Two sections of the Sexual Offences Act, 1995 relate to same-sex sexual acts:

Section 12. (1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment -

(a) for life, if committed by an adult on a minor;

(b) for fifteen years, if committed by an adult on another adult;

(c) for five years, if committed by a minor.

(2) In this section "buggery" means sexual intercourse per anum by a male person with a male person....[1]

Section 15. (1) A person who commits an act of serious indecency on or towards another is guilty of an offence and is liable on conviction to imprisonment -

(a) for ten years, if committed on or towards a minor under sixteen years of age;

(b) for five years, if committed an or towards a person sixteen years of age of more....

* * * *

(3) An act of "serious indecency" is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.[1]

"Repeat Offenders" of buggery also get placed on the Sex Offenders Register for the remainder of their life.[2]

In May 2016, during the United Nations Human Rights Council's Universal Periodic Review, representatives from Argentina, Australia, France, Germany, the Netherlands and Nicaragua advised the Government to repeal the sodomy ban and guarantee full human rights to vulnerable groups such as the LGBT community.[3] Minister of Social Transformation, Samantha Marshall, subsequently announced that the sodomy ban is antiquated and should be repealed.[4][5] Parliamentary Secretary in the Ministry of Legal Affairs, Senator Maureen Payne-Hyman, assured the Council that the LGBT community is not persecuted in the country.[3]

On 24 August 2016, the Government of Antigua and Barbuda announced that it has no intentions of repealing the country's sodomy ban. The announcement came after the Belize Supreme Court struck down Belize's sodomy ban as unconstitutional. However, the Government acknowledged that, because Belize and Antigua and Barbuda have an identical jurisprudence, if an interest group filed a lawsuit against the law in court then it would most certainly be declared unconstitutional.[4][6]

Summary table[edit]

Same-sex sexual activity legal No (Penalty: Up to 15 years imprisonment)
Equal age of consent No
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people 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[edit]

References[edit]

  1. ^ a b Sexual Offences Act
  2. ^ Ottosson, Daniel (May 2009). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). pp. Page 13. Archived from the original (PDF) on 29 October 2009. Retrieved 19 May 2009. 
  3. ^ a b Decriminalise homosexual relations, UPR says Antigua Observer
  4. ^ a b Caribbean: Anti-gay law is ripe for reversal, Antigua says
  5. ^ Minister to recommend decriminalisation of buggery
  6. ^ A&B says no to buggery Antigua Observer