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LGBT rights in Guinea-Bissau

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LGBTQ rights in Guinea-Bissau Guinea-Bissau
StatusLegal since 1993
Family rights
AdoptionUnknown

Lesbian, gay, bisexual, and transgender (LGBT) persons in Guinea-Bissau face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Guinea-Bissau, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Law regarding same-sex sexual activity

Both male and female same-sex sexual acts are legal since 1993 in Guinea-Bissau.[1]

In December 2008, Guinea-Bissau became one of 66 nations to sign the "United Nations Statement on Human Rights, Sexual Orientation and Gender Identity", which supports decriminalization of homosexuality and transgender identity.[2]

Recognition of same-sex relationships

The U.S. Department of State's 2011 Human Rights Report found that, "the law (in 2011) only recognized heterosexual married couples as entitled to larger government housing."[3]

Adoption of children

According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether LGBT people are disqualified.[4]

Living conditions

Of 19 African countries surveyed in 2010, Guinea-Bissau was one of the most tolerant about homosexual behavior. Nine percent in Guinea-Bissau said that homosexual behavior was morally acceptable, with fifteen percent saying it was not an issue.[5]

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

There are no laws that criminalize sexual orientation. Antidiscrimination laws do not apply to lesbian, gay, bisexual, and transgender individuals. There were no reported violent incidents or other human rights abuses targeting individuals based on their sexual orientation or identity. There was no official discrimination based on sexual orientation or gender identity in employment or access to education and health care. However, according to government guidelines for civil servants' housing allowances, only heterosexual married couples were entitled to family-size housing, while same-sex couples received the single person allotment. Social taboos against homosexuality sometimes restricted freedom to express sexual orientation, yet society was relatively tolerant of consensual same-sex conduct, according to a 2010 study by the Pew Research Center.[6]

Summary table

Same-sex sexual activity legal Yes (Since 1993)
Equal age of consent Yes (Since 1993)
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
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
Right to change legal gender
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References