LGBT rights in Seychelles
LGBTQ rights in Seychelles | |
|---|---|
 | |
| Status | Legal since 2016 |
| Gender identity | Unknown |
| Military | Unknown |
| Discrimination protections | Sexual orientation protections (see below) |
| Family rights | |
| Recognition of relationships | No |
| Adoption | Married couples or single persons may adopt |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Seychelles face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal.
Same-sex sexual acts
Section 151 of The Penal Code said,[1]
Any person who -
(a) has carnal knowledge of any person against the order of nature; or
* * * *
(c) permits a male person to have carnal knowledge of him ... against the order of nature,
is guilty of a felony, and is liable to imprisonment for fourteen years.
Female same-sex sexual acts are not covered by Section 151 or any other criminal law of the Seychelles.[2]: page: 34
In October 2011, the government agreed to decriminalize same-sex sexual acts "pretty soon, as the government and civil society want so."[3] On 29 February 2016, the government decided to introduce the bill to this effect. The parliament was expected to consider the measure within few months. The Attorney General Ronny Govinden ruled out a referendum on the issue.[4][5] The bill was approved on 18 May 2016.[6] The bill now must be signed or ratified into law by the President of the Seychelles, for it to become law.
Recognition of same-sex relationships
The Seychelles does not recognize same-sex marriage or same-sex civil unions.[7]
Protection against employment discrimination
The Employment Act, 1995 prohibits employment discrimination on the basis of sexual orientation. This prohibition was added to the Act in 2006.[2]: footnote: 55, page: 15 The Act provides as follows:[8]
Section 2. In this act –
* * * *
"harassment" means any such unfriendly act, speech or gesture of one person towards another person that is based on the other person's ... sexual orientation ... as would adversely affect the other person's dignity or make that person feel threatened, humiliated or embarrassed;
Section 46A. (1) Where an employer makes an employment decision against a worker on the grounds of the worker's ... sexual orientation ..., the worker may make a complaint to the Chief Executive stating all the relevant particulars.
Adoption of children
A married couple or a single person may adopt a child.[9]
Summary table
| Same-sex sexual activity legal |  (Since 2016)
|
| Equal age of consent |
|
| Anti-discrimination laws in employment | (Since 2006)
|
| 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 |
|
| 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
References
- ^ The Penal Code, Seychelles
- ^ a b "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults", International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2012
- ^ "Seychelles to Decriminalize Homosexuality, Other Countries Say No", care2, reported by Paul Canning, 5 October 2011
- ^ "Seychelles' parliament to consider decriminalising homosexuality in 2016".
- ^ "The Seychelles will make gay sex legal". Gay Star News.
- ^ Seychelles repeals colonial-era law banning gay sex
- ^ "Gay Marriage Legalities Worldwide", Gay Wedding Destinations
- ^ Employment Act, 1995
- ^ "Intercountry Adoption: Seychelles", Bureau of Consular Affairs, United States Department of State, August 2009