| LGBT rights in Vatican City | |
|---|---|
Location of LGBT rights in Vatican City (green)
in Europe (dark grey) — [Legend] |
|
| Same-sex sexual activity legal? | Legal |
| Gender identity/expression | (see below) |
| Recognition of relationships |
No recognition of same-sex couples |
| Discrimination protections | None |
The legal code regarding homosexuality in the Vatican City is based on the Italian penal code of 1929, the time of the founding of the sovereign state Vatican City. However, it was announced in late 2008 that the Vatican "will no longer automatically adopt new Italian laws as its own, a top Vatican official said, citing the vast number of laws Italy churns out, many of which are in odds with Catholic doctrine".[1]
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There are no criminal laws against non-commercial, private, adult and consensual same-sex sexual activity.
The Vatican does not have its own separate criminal code. Instead, in matters of criminal law, as per Article 3 of the "Law of the Source of Law" (one of the six fundamental laws adopted upon ratification of the Lateran Treaty in 1929) the Vatican State generally uses current Italian national law, as well as regional and municipal laws for Rome, as long as they do not conflict with ecclesiastical law or laws specifically promulgated by the Pope for the Vatican.[2] As a result, the age of consent is the same as that of Italy. Before 1 January 2009, the adoption by the Vatican of changes made by Italy in its laws was automatic. Effective 1 January 2009, the Vatican adoption of changes in Italian law is no longer automatic, but comes only after review.[3] However, as Italy adopted its present age of consent before 1 January 2009, this change in Vatican policy does not affect the age of consent in Vatican City, which remains the same as that of Italy. The claim is sometimes found that "In the Vatican State, there is an equal age of consent set at 12 years of age",[4] but this is not correct. The misunderstanding derives from the fact that, as noted above, Vatican Law follows Italian law. In 1929, when the Lateran Treaty was signed, the age of consent in Italy was 12,[5] and so the same was true then in Vatican City. However, since that time the Italian law has been changed, and so the laws of Vatican City (in accordance with the policy that was in place until 1 January 2009) changed automatically with them. Since there has been no change in the Italian age of consent since 1 January 2009, the two remain identical with no further review by the Vatican.
Vatican City State does not have any civil rights provisions that include sexual orientation or gender identity.
According to the Catechism of the Catholic Church:
In 2000, the Holy See took the official position that transsexualism is a form of mental illness and that transsexual people remain the same sex they were born with. However, the Vatican stated that "[a transgender] procedure could be morally acceptable in certain extreme cases if a medical probability exists that it will "cure" the patient's internal turmoil."[7]
There are no known cases of AIDS or HIV infection in Vatican City. Internationally, the Vatican government has been a leading opponent of the usage of condoms as part of a campaign to stop the spread of the AIDS-HIV pandemic.[8] In 2006, the Holy See said it was conducting a scientific and moral study on the usage of condoms in the fight against the pandemic.[9]
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