LGBT rights in Cape Verde
LGBT rights in Cape Verde  | |
|---|---|
 | |
| Status | Legal since 2004, with an equal age consent[1] |
| Military | Unknown |
| Discrimination protections | Yes since 2008. In the area of employment only |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Cape Verde may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Cape Verde, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Laws regarding same-sex sexual acts
In the 1886 penal code for Cape Verde, Article 71 stated that unnatural acts were illegal.[1] Then, in 2004, Cape Verde amended their penal code and became the second African country to legalize same-sex sexual acts. At the time of decriminalization, the legal age of consent was 16 years old, the same age for consensual heterosexual acts.[2] As of 2015, the age of consent in Cape Verde is 14. [3]
Discrimination protections
Discrimination based on sexual orientation in the workplace is banned by articles 45(2) and 406(3) of the Labour Code since 2008.[1]
Living conditions
In line with other former Portuguese African colonies, Cape Verde is reported to be one of the most tolerant countries in Africa towards gays and lesbians.[4]
The U.S. Department of State's 2010 Human Rights Report found that "legal provisions helped provide protection for homosexual conduct; however, societal discrimination based on sexual orientation or gender identity continued to be a problem. There were no lesbian, gay, bisexual, or transgender persons' organizations active in the country."[5]
United Nations
In 2008, Cape Verde was one of 66 countries that signed a General Assembly document stating that human rights are not limited based on sexual orientations or gender identities.[6]
Summary table
| Same-sex sexual activity legal |  (Since 2004)
|
| Equal age of consent | (Since 2004)
|
| Anti-discrimination laws in employment | (Since 2008)
|
| Anti-discrimination laws in the provision of goods and services | 
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) |
|
| Same-sex marriage |
|
| Recognition of same-sex couples |
|
| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Gays and lesbians 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
Notes
- ^ a b c Itaborahy, L.P.; Jingshu, Zhu. "State-Sponored Homophobia: A world survey of laws: Criminalisation, protection and recognition of same-sex love" (PDF). old.ilga.org. ILGA. Archived from the original (PDF) on 19 July 2013. Retrieved 17 October 2016.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Epprecht, Marc (April 2012). "Sexual minorities, human rights and public health strategies in Africa". African Affairs. 111 (443): 223–243. doi:10.1093/afraf/ads019.
{{cite journal}}:|access-date=requires|url=(help) - ^ "Country Reports on Human Rights Practices for 2012". State.gov. Retrieved 19 February 2014.
- ^ Stewart, Colin. "Africa's most and least homophobic countries". 76crimes.com. Retrieved 16 October 2016.
- ^ "2010 Human Rights Report: Cape Verde". state.gov. Bureau of Democracy, Human Rights, and Labor. Retrieved 16 October 2016.
- ^ "UN: General Assembly Statement Affirms Rights for All". Human Rights Watch. Retrieved 16 October 2016.