LGBTQ rights in Equatorial Guinea

LGBTQ rights in Equatorial Guinea
LGBTQ rights in Equatorial Guinea
	Equatorial Guinea
Status	Legal
Gender identity	No
Military	No
Discrimination protections	No
Family rights
Recognition of relationships	No
Adoption	No

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Equatorial Guinea face legal challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Equatorial Guinea, however LGBTQ persons face stigmatization among the broader population, and same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available as opposite-sex couples.^[1]

Laws regarding same-sex sexual activity

Although there are no laws against homosexuality in Equatorial Guinea, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) report "there is evidence that State intimidation of sexually diverse individuals persists." The criminal code in force in Equatorial Guinea is a revision of the Spanish Criminal Code that dates back to the Francoist era and is said to post-colonially carry anti-homophobic undertones that influence those perception today.^[1]^[2] The age of consent is set at 18, regardless of gender and/or sexual orientation.

Recognition of same-sex relationships

Same-sex couples have no legal recognition.

Discrimination protections

There is no protection against discrimination based on sexual orientation or gender identity.

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that "there are no laws criminalizing sexual orientation; however, societal stigmatization and traditional discrimination against gay men and lesbians was strong, and the government made little effort to combat it".^[3]

Summary table

Same-sex sexual activity legal	(Always legal)
Equal age of consent (18)	(Since 1931)^[4]
Anti-discrimination laws in hate speech and violence
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Same-sex marriage
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

References

^ ^a ^b "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). Archived from the original (PDF) on 17 July 2013.
^ Homosexuality laws around the world, NationMaster.com
^ EQUATORIAL GUINEA Archived 14 May 2011 at the Wayback Machine
^ "Archived copy" (PDF). Archived from the original (PDF) on 17 July 2013. Retrieved 17 October 2016.{{cite web}}: CS1 maint: archived copy as title (link)

[ILGA_2013-1] "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). Archived from the original (PDF) on 17 July 2013.

[2] Homosexuality laws around the world, NationMaster.com

[3] EQUATORIAL GUINEA Archived 14 May 2011 at the Wayback Machine

[4] "Archived copy" (PDF). Archived from the original (PDF) on 17 July 2013. Retrieved 17 October 2016.{{cite web}}: CS1 maint: archived copy as title (link)

[1]

[2]

[3]

[4]