LGBT rights in Mauritius

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LGBT rights in Mauritius Mauritius
Mauritius
Same-sex sexual activity legal? Sodomy illegal
Penalty:
Up to 5 years imprisonment
Discrimination protections Sexual orientation protected (employment only)
Family rights
Recognition of
relationships
Unknown
Adoption Unknown

LGBT (lesbian, gay, bisexual, transgender) rights in Mauritius are legally complicated and vague in the republic. Although the law is silent on the topic of homosexuality and gender identity itself, sodomy is illegal and banned by the laws of the county. The nation was one of the 66 signatories of support for the UN declaration on sexual orientation and gender identity. Although same-sex relationships are not recognized, LGBT people are protected from any kind of discrimination with the constitution guaranteeing the right of individuals to private life.[1]

Laws about same-sex sexual activity

According to an unofficial translation of Section 250 of the Mauritius Criminal Code of 1838, "Any person who is guilty of the crime of sodomy [...] shall be liable to penal servitude for a term not exceeding 5 years."[2]

Discrimination

The Equal Opportunities Act 2008 prohibits employers from discriminating against persons based on their sexual orientation, with "sexual orientation" being defined to mean "homosexuality (including lesbianism), bisexuality or heterosexuality".[3]

Adoption of children

According to a 2006 report, adoptive parents may be either single or married. LGBT persons are not specifically disqualified.[4]

According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether LGBT people are disqualified.[5]

LGBT rights organisations

In Mauritius, there are two main organisations for the LGBT community: Collectif Arc en Ciel and Pils.[6]

Founded in 2005, Collectif Arc en Ciel ("Rainbow Collective") is the primary organisation for the LGBT community in Mauritius. The party fights homophobia and discrimination based on sexual orientation.[6]

Founded in 1996, Pils is a centre for individuals with HIV/AIDS in the country, and also a place for the prevention and education of people living with HIV/AIDS.[6]

Summary table

Same-sex sexual activity legal Yes However anal sex is illegal punishable with 5 years imprisonment.
Equal age of consent Yes
Anti-discrimination laws in employment only Yes Since 2008
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
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Emblem-question.svg
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

See also

References