LGBT rights in the British Virgin Islands
| LGBT rights in the British Virgin Islands | |
|---|---|
|
|
| Same-sex sexual activity legal? | Legal since 2001 |
| Gender identity/expression | – |
| Military service | -UK overseas territory – United Kingdom responsible for defense thus Gay and Lesbians allows to serve openly. |
| Discrimination protections | – All gay discrimination banned. |
| Family rights | |
| Recognition of relationships |
No |
| Adoption | – |
LGBT rights in the British Virgin Islands are seen to be restricted in comparison to most Western countries.
Contents
Law regarding same-sex sexual activity
Before 2000, anal sex was a criminal offence referred to as the crime of buggery under the British Virgin Islands Criminal Code. However, sexual acts between two consenting adult males in private were expressly decriminalized by an Order in Council in the British Virgin Islands (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7).[1] According to section 4 of the order, the law has retrospective effect. 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.[2] Homosexual acts between women have never been criminalised in the Territory.
As a British overseas territory, the British Virgin Islands Government is required to comply with their 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 highlight a responsibility to ensure non-discrimination.[3] The European Convention on Human Rights has been recognised by the courts as having legal effect in the jurisdiction.[4]
Recognition of same-sex relationships
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Same-sex marriage in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious society,[5] and no discussion relating to legalisation has yet occurred in the House of Assembly. Church leaders have indicated hostility towards the possibility of legalisation,[6] and political leaders have taken an unsympathetic approach in public.[7] Her Majesty's Government has confirmed that it will not impose recognition of same-sex marriages in the British Virgin Islands by way of Order-in-Council.[8] The Constitution does, however, prohibit discrimination against people on the basis of sexual orientation.[9]
Summary table
| Same-sex sexual activity legal |  (Since 2000) |
| 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 (incl. indirect discrimination, hate speech) | |
| 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 the British Virgin Islands
- British overseas territories
- LGBT rights in the Commonwealth of Nations
- LGBT rights in the Americas
- LGBT rights by country or territory
References
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- ↑ Wang Zhongyong v Union Zone Management (unreported) (BVIHC (Com) 0126/2011
- ↑ The constitution of the Virgin Islands defines the country as one which "believes in God" (at section 2(1)). See also: Christianity by country.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ The Virgin Islands Constitution Order 2007, sections 9 and 26.
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