LGBTQ rights in Sint Eustatius

LGBTQ rights in Sint Eustatius
LGBTQ rights in Sint Eustatius
	Sint Eustatius
Status	Legal
Military	LGBTQ people allowed to serve openly
Discrimination protections	Discrimination based on "heterosexual and homosexual orientation" prohibited
Family rights
Recognition of relationships	Same-sex marriage since 2012
Adoption	Full adoption rights since 2012

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Sint Eustatius are quite progressive by Caribbean standards. Sint Eustatius forms part of the Caribbean Netherlands and is a special municipality of the Netherlands. Both male and female same-sex sexual activity are legal in Sint Eustatius, with same-sex marriage, registered partnership, and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Sint Eustatius.^[1]

Recognition of same-sex relationships

Same-sex marriage in Sint Eustatius became legal following the entry into force of a law enabling same-sex couples to marry there on 10 October 2012.^[2]^[3]

The issue of same-sex marriage caused considerable controversy in Sint Eustatius. In 2010, the Island Council expressed unanimous opposition to the extension of same-sex marriage to Sint Eustatius.^[4] The same-sex marriage law being passed by the Dutch House of Representatives led to calls of "neo-colonialism".

Discrimination protections

The Criminal Code BES (Dutch: Wetboek van Strafrecht BES), which applies to Sint Eustatius and the islands of Bonaire and Saba, criminalizes discrimination on the basis of "heterosexual and homosexual orientation". Article 144 provides for penalties varying from fines to two years' imprisonment.^[5]

In addition, Article 1 of the Constitution of the Netherlands applies to Sint Eustatius. The article reads "All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted."^[6]^[7]

The Netherlands Institute for Human Rights (College voor de Rechten van de Mens) is a research institute which "protects, advances and monitors human rights". The Institute, established by law in 2010, works in the European Netherlands and also in the Caribbean Netherlands.^[7]^[8]

Living conditions

Due to Sint Eustatius' very small population, there is no gay scene on the island, nor any specific gay bars or venues.^[9] A majority of St. Eustatians affiliate with Christian churches, with Methodism and Roman Catholicism being the two largest denominations. As such, societal perceptions of LGBTQ people tend to reflect Christian mores, and gay and lesbian locals "tend to keep a low profile".

Summary table

Same-sex sexual activity legal
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas
Same-sex marriages	(Since 2012)
Recognition of same-sex relationships	(Since 2012)
Stepchild adoption by same-sex couples	(Since 2012)
Joint adoption by same-sex couples	(Since 2012)
LGBTQ people allowed to serve in the military	(The Netherlands responsible for defence)
Right to change legal gender	^[10]
Access to IVF for lesbian couples
Commercial surrogacy for gay male couples	(Banned for heterosexual couples as well)
MSMs allowed to donate blood

References

^ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 October 2012 at the Wayback Machine
^ "Burgerlijk wetboek BES, boek 1" (in Dutch). Government of the Netherlands. Archived from the original on 4 April 2016. Retrieved 12 October 2012.
^ "Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba" (in Dutch). Government of the Netherlands. 1 September 2010. Archived from the original on 6 March 2016. Retrieved 4 April 2016.
^ "Sint Eustatius verzet zich tegen homohuwelijk". Volkskrant (in Dutch). 21 April 2010.
^ "Wetboek van Strafrecht BES". wetten.nl (in Dutch). 30 August 2010.
^ "The Constitution of the Kingdom of the Netherlands 2008". Government of the Netherlands. 18 October 2012.
^ ^a ^b "Oprichting van het College voor de rechten van de mens (Wet College voor de rechten van de mens)". overheid.nl (in Dutch). 2010.
^ "Mission and ambition". College voor de Rechten van de Mens.
^ Richard Ammon (September 2012). "Gay Life in Sint Eustatius". Globalgayz.
^ Chiam, Zhan; Duffy, Sandra; González Gil, Matilda; Goodwin, Lara; Timothy Mpemba Patel, Nigel. "Trans Legal Mapping Report 2019: Recognition before the law" (PDF). ILGA World. Retrieved 2024-11-20.

[ILGA_2012-1] State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 October 2012 at the Wayback Machine

[2] "Burgerlijk wetboek BES, boek 1" (in Dutch). Government of the Netherlands. Archived from the original on 4 April 2016. Retrieved 12 October 2012.

[3] "Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba" (in Dutch). Government of the Netherlands. 1 September 2010. Archived from the original on 6 March 2016. Retrieved 4 April 2016.

[4] "Sint Eustatius verzet zich tegen homohuwelijk". Volkskrant (in Dutch). 21 April 2010.

[5] "Wetboek van Strafrecht BES". wetten.nl (in Dutch). 30 August 2010.

[6] "The Constitution of the Kingdom of the Netherlands 2008". Government of the Netherlands. 18 October 2012.

[institute-7] "Oprichting van het College voor de rechten van de mens (Wet College voor de rechten van de mens)". overheid.nl (in Dutch). 2010.

[8] "Mission and ambition". College voor de Rechten van de Mens.

[9] Richard Ammon (September 2012). "Gay Life in Sint Eustatius". Globalgayz.

[10] Chiam, Zhan; Duffy, Sandra; González Gil, Matilda; Goodwin, Lara; Timothy Mpemba Patel, Nigel. "Trans Legal Mapping Report 2019: Recognition before the law" (PDF). ILGA World. Retrieved 2024-11-20.

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