LGBT rights in Vanuatu

LGBT rights in Vanuatu

Same-sex sexual activity legal? Legal[1]
Discrimination protections Yes, some employment protections
Family rights
Recognition of
relationships		 No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Vanuatu may face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

In 2011, Vanuatu 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.[2]

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Vanuatu. Since 2007, the age of consent is equal, regardless of sex.[1]

Recognition of same-sex relationships

Vanuatu does not recognise same-sex unions in any form.[3][4]

In October 2013, the Minister for Internal Affairs issued a warning, which said that pastors are not allowed to preside over same-sex marriages.[5]

Discrimination protections

There is no legal protection against all forms of discrimination based on sexual orientation or gender identity.[6]

There is no general prohibition of employment discrimination based on sexual orientation in Vanuatu. However, Section 18.2(f) of the Teaching Service Act 2013 establishes the obligation of the Vanuatu Teaching Service Commission not to discriminate in recruitment, promotion, professional development, transfer and all other aspects of the management of its employees on the basis of "sexual preference".[7][8]

Social conditions

Vanuatu is a socially conservative country. Gay and lesbian travellers (and citizens) are advised to avoid public displays of affection. There is no active gay scene in Vanuatu.[9]

Summary table

Same-sex sexual activity legal (Since 2007)
Equal age of consent (Since 2007)
Anti-discrimination laws in employment only / (Since 2013; some protections)
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
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people 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

  1. 1 2 State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 19 July 2013 at WebCite
  2. ↑ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov.
  3. ↑ "Pacific.scoop.co.nz » Taboo topic, but some see hope for Pacific change with marriage ‘equality’ in NZ". Retrieved 27 July 2015.
  4. ↑ Vanuatu HIV and Human Rights Legislative Compliance Review:March 2009 page 20
  5. ↑ "Vanuatu government warns pastors and resorts against gay marriage ceremonies". Radio New Zealand. 14 October 2013. Retrieved 27 July 2015.
  6. ↑ "Vanuatu Government warns against holding same-sex weddings". Gay Star News. Retrieved 27 July 2015.
  7. ↑ "The Teaching Service Act 2013" (PDF). Retrieved 18 May 2017.
  8. ↑ A WORLD SURVEY OF SEXUAL ORIENTATION LAWS: CRIMINALISATION, PROTECTION AND RECOGNITION Page 12
  9. ↑ "Lonely Planet - Gay & Lesbian Travellers".
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