LGBT rights in Saint Helena, Ascension and Tristan da Cunha

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LGBT rights in Saint Helena, Ascension and Tristan da Cunha
LocationStHelena.png
Same-sex sexual intercourse legal status Legal
Military service UK responsible for defense (Since 2000)
Discrimination protections Yes (on the basis of sexual orientation only), since 2009
Family rights
Recognition of
relationships
Same-sex marriage legal since 2017
Adoption Yes since 2017

LGBT rights in Saint Helena, Ascension and Tristan da Cunha have gradually evolved over the years. Discrimination on the basis of sexual orientation is banned in the entire territory through the Constitution Order 2009 and same-sex marriage has been legal on the islands since 2017.[1]

Legality of same-sex sexual activity[edit]

Homosexuality is legal in Saint Helena, Ascension and Tristan da Cunha. Same-sex sexual acts were expressly decriminalised under the UK's Caribbean Territories (Criminal Law) Order, 2000.[2]

Recognition of same-sex relationships[edit]

Same-sex marriage has been legal on Ascension Island since 1 January 2017,[3][4] on Tristan da Cunha since 4 August 2017[5][6] and since 20 December 2017 on Saint Helena.[7]

Discrimination protections[edit]

The St Helena, Ascension and Tristan da Cunha Constitution Order 2009 bans discrimination based on sexual orientation.[1]

Adoption and parenting[edit]

Under the Saint Helena Welfare of Children Ordinance 2010 (which applies to Saint Helena and Tristan da Cunha) and the Ascension Island Child Welfare Ordinance 2011 (which applies to Ascension Island), only married couples may adopt. Same-sex couples may marry in the territory, therefore they also have the right to adopt. Local agencies, in the case of an adoption, follow the letter of the law with the best interest and the views of the child.[8][9]

According to a 2006 UK Government report, there have been no adoptions in Saint Helena or Ascension Island for many years.[10]

Summary table[edit]

Same-sex sexual activity legal Yes (Since 2001)
Equal age of consent Yes (Since 2001)
Anti-discrimination laws in employment only Yes (Since 2009)
Anti-discrimination laws in the provision of goods and services Yes (Since 2009)
Anti-discrimination laws all other areas (incl. indirect discrimination, hate speech) Yes (Since 2009)
Same-sex marriage Yes (Since 2017)
Recognition of same-sex couples Yes (Since 2017)
Stepchild adoption by same-sex couples Yes (Since 2017)
Joint adoption by same-sex couples Yes (Since 2017)
LGBT allowed to serve openly in the military Yes (Since 2000, UK responsible for defence)
Right to change legal gender Emblem-question.svg
Access to IVF for lesbians Emblem-question.svg
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also[edit]

References[edit]

  1. ^ a b The St Helena, Ascension and Tristan da Cunha Constitution Order 2009
  2. ^ "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Retrieved 19 January 2011. 
  3. ^ "The St. Helena Government Gazette No 111 2016" (PDF). Ascension Island Government. 23 December 2016. Archived from the original (PDF) on 4 January 2017. 
  4. ^ "Marriage (Ascension) (Commencement) Order, 2016" (PDF). Ascension Island Government. 1 January 2017. Archived from the original (PDF) on 14 January 2017. 
  5. ^ Phillips, Lisa (4 August 2017). "Ascension Marriage Ordinance now extended to Tristan da Cunha. This means same sex marriage in both islands is enshrined in law". Twitter. Archived from the original on 4 August 2017. Retrieved 4 August 2017. 
  6. ^ "The St. Helena Government Gazette No. 57 of 2017" (PDF). Government of Saint Helena. 4 August 2017. Archived from the original (PDF) on 4 August 2017. Retrieved 4 August 2017. 
  7. ^ This tiny island just passed same-sex marriage
  8. ^ WELFARE OF CHILDREN ORDINANCE
  9. ^ CHILD WELFARE ORDINANCE 2011
  10. ^ UNITED KINGDOM OVERSEAS TERRITORIES AND CROWN DEPENDENCIES, "This report sets out the progress made in the UK’s Overseas Territories and Crown Dependencies in implementing the Convention on the Rights of the Child since 1999, OHCHR