LGBT rights in Montserrat
| LGBT rights in Montserrat | |
|---|---|
 | |
| Same-sex sexual activity legal? | Legal since 2000 |
| Gender identity/expression | - |
| Military service | UK responsible for defence |
| Discrimination protections | Yes, sexual orientation only |
| Family rights | |
| Recognition of relationships | No |
Same-sex sexual activity is legal in Montserrat since 2000.[1]
Law regarding same-sex sexual activity
Before 2000, anal sex was a criminal offence. However, sexual acts between two consenting adult males in private were expressly decriminalised by an Order in Council in Montserrat (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7).[2] According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex, or sex in public, remains a criminal offence and may also lead to a charge under gross indecency and other minor sexual offence laws.[3]
As a British overseas territory, Montserrat is required to comply with its obligations under the international human rights instruments which have been extended to them. Specifically this includes an adherence to the European Convention on Human Rights which highlights a responsibility to ensure non-discrimination.[4]
Recognition of same-sex relationships
Same-sex marriage in Montserrat is not legal. Article 10(1) of the Constitution reads:
- Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.[5]
Discrimination protections
The article 16 of the Constitution and the article 79 of the Labour Code bans discrimination based on sexual orientation.[5][6]
Summary table
| Same-sex sexual activity legal |  (Since 2000) |
| Equal age of consent | (Since 2000) |
| Anti-discrimination laws in employment | (Since 2010) |
| Anti-discrimination laws in the provision of goods and services | (Since 2010) |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2010) |
| Same-sex marriages |  |
| 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 | UK responsible for defence |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |
See also
- Politics of Montserrat
- British overseas territories
- LGBT rights in the Commonwealth of Nations
- LGBT rights in the Americas
- LGBT rights by country or territory
References
- ↑ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults
- ↑ "Britain Scraps Homosexuality Laws". Glapn.org. Retrieved 19 January 2011.
- ↑ "Local News – British Virgin Islands". Island Sun. Retrieved 19 January 2011.
- ↑ "Country Profile: British Virgin Islands (British Overseas Territory)". Fco.gov.uk. Retrieved 19 January 2011.
- 1 2 "Constitution of Montserrat Part I: Fundamental Rights & Freedoms". Government of Montserrat. Retrieved 15 July 2014.
- ↑ "LABOUR CODE 2012" (PDF). Government of Montserrat. Retrieved 15 July 2014.