LGBT rights in Tuvalu

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LGBT rights in Tuvalu
LocationTuvalu.png
Same-sex sexual activity legal? Male illegal, female legal
Penalty:
Up to 14 years in prison (not enforced)
Discrimination protections No
Family rights
Recognition of
relationships
No
Adoption No

Homosexual male sex is illegal in Tuvalu. Sections 153, 154 and 155 of the Penal Code outlaw homosexual intercourse.[1][2]

In 2011, Tuvalu signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[3]

Legality of same-sex sexual activity[edit]

According to the United States Department of State, there were no reports of prosecution of consenting adults under these provisions.[4]

Penal Code[edit]

  • Section 153: Unnatural offences

Any person who — (a) commits buggery with another person or with an animal; or (b) permits a male person to commit buggery with him or her, shall be guilty of a felony, and shall be liable to imprisonment for 14 years.

  • Section 154: Attempts to commit unnatural offences and indecent assault

Any person who attempts to commit any of the offences specified in the last preceding section, or who is guilty of any assault with intent to commit the same, or any indecent assault upon any male person shall be guilty of a felony, and shall be liable to imprisonment for 7 years.

  • Section 155 Indecent practices between males

Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony, and shall be liable to imprisonment for 5 years.

Summary table[edit]

Same-sex sexual activity legal No For male (Penalty: Up to 14 years imprisonment; not enforced) / Yes For female
Equal age of consent No For male / Yes For female
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
Same-sex marriages No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve openly in the military Has no military
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

References[edit]