LGBT rights in East Timor

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LGBT rights in East Timor East Timor
East Timor
Same-sex sexual activity legal? Legal since 1975[1]
Discrimination protections No
Family rights
Recognition of
relationships
No

Lesbian, gay, bisexual, and transgender (LGBT) persons in East Timor may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in East Timor, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.[1]

Law regarding same-sex sexual activity[edit]

The age of consent in East-Timor is 14, per Article 177. However, sex acts with an adolescent aged 14–15 years are illegal if an adult practices them with the adolescent by "taking advantage of the inexperience" of that adolescent. (Article 178).[2]

Article 177. Sexual abuse of a minor 1. Any person who practices vaginal, anal or oral coitus with a minor aged less than 14 years is punishable with 5 to 20 years imprisonment. 2. Any person who practices any act of sexual relief with a minor aged less than 14 years is punishable with 5 to 15 years imprisonment.

Article 178. Sexual acts with an adolescent Any person who, being an adult and apart from situations provided in this section, practices any relevant sexual act with a minor aged between 14 and 16 years, taking advantage of the inexperience of the same, is punishable with up to 5 years imprisonment.

Discrimination protections[edit]

There is no legal protection based on sexual orientation or gender identity. There was a clause against discrimination based on sexual orientation included in the original draft of the Timorese Constitution but it was voted out by 52 out of 88 MPs before the constitution took effect in 2002.[3]

However, since 2009, bias on the basis of sexual orientation is considered to be an aggravating circumstance in the case of crimes (alongside ethnicity, gender, religion, disability, etc.).[4]

Summary table[edit]

Same-sex sexual activity legal Yes Since 1975
Equal age of consent Yes Since 1975
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
Hate crimes include sexual orientation Yes
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
Gays and lesbians allowed to serve openly in the military Emblem-question.svg
Right to change legal gender Emblem-question.svg
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also[edit]

References[edit]

HIV-AIDS and Homophobia in Timor-Leste Timor Leste Red Cross excludes homosexuals from HIV-AIDS Reduction Program