LGBT rights in Niue
LGBT rights in Niue | |
|---|---|
 | |
| Status | Legal since 2007[1] |
| Discrimination protections | No |
| Family rights | |
| Recognition of relationships | No |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Niue may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Niue, 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]
History
Similarly to the Cook Islands, Samoa and New Zealand, Niue possesses a traditional third gender population: the fiafifine (also known as the fakafifine). They have traditionally been accepted by Niuean society,[2][3] and would play an important domestic role in communal life.
In 2007, during a gathering of delegates from around the Pacific in Māngere, New Zealand, a local fiafifine called out the discrimination and stigma faced by the fiafifine community: "Our communities were an accepted part of Pacific life and culture prior to Western colonisation, but have been subject to much stigma and discrimination in more recent times."[4]
Legality of same-sex sexual activity
Same-sex sexual activity is legal in Niue. Even though Niue is a part of the Realm of New Zealand, homosexuality has only been legal since 2007 (while in New Zealand it has been legal since 1986).[1]
Recognition of same-sex relationships
Same-sex unions are not recognized (even though they are in New Zealand).[1]
Living conditions
Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend.[5]
Summary table
| Same-sex sexual activity legal |  (Since 2007)
|
| Equal age of consent | (Since 2007)
|
| 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 |
|
| Stepchild adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| LGBT people allowed to serve openly in the military | (New Zealand's responsibility)
|
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
| MSMs allowed to donate blood |
|
See also
- Human rights in Niue
- LGBT rights in New Zealand
- LGBT rights in the Cook Islands
- LGBT rights in Tokelau
- LGBT rights in Oceania
References
- ^ a b c d State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 19 July 2013 at WebCite
- ^ Page 1. Defining gender diversity
- ^ Frequently Asked Questions: Sexual orientation, gender identity and intersex status in the Pacific
- ^ Pacific Island Sexual Minority Gathering
- ^ Lonely Plant, lesbian travel in the South Pacific