LGBTQ rights in Antigua and Barbuda
LGBTQ rights in Antigua and Barbuda | |
|---|---|
 | |
| Status | 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
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of Social Transformation, Samantha Marshall, subsequently announced that the sodomy ban is antiquated and should be repealed.[4][5] Parliamentary Secretary in the Ministry of Legal Affairs, Senator Maureen Payne-Hyman, assured the Council that the LGBT community is not persecuted in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
| Same-sex sexual activity legal |  (Penalty: Up to 15 years imprisonment)
|
| Equal age of consent |
|
| Anti-discrimination laws in employment only |
|
| 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 |
|
| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| LGBT people allowed to serve openly in the military |
|
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
| MSMs allowed to donate blood |
|
See also
- Politics of Antigua and Barbuda
- LGBT rights in the Commonwealth of Nations
- LGBT rights in the Americas
- LGBT rights by country or territory
References
- ^ a b Sexual Offences Act
- ^ 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. Retrieved 19 May 2009.
- ^ a b Decriminalise homosexual relations, UPR says Antigua Observer
- ^ a b Caribbean: Anti-gay law is ripe for reversal, Antigua says
- ^ Minister to recommend decriminalisation of buggery
- ^ A&B says no to buggery Antigua Observer
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