LGBT rights in Palau
LGBT rights in Palau | ||
---|---|---|
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) people in Palau do not possess the same legal protections as non-LGBT residents, and may face social challenges that are not experienced by others. Same-sex sexual activity has been legal in Palau since 23 July 2014, when the current Penal Code took effect,[1][2] but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Same-sex marriage is constitutionally banned, and there are no anti-discrimination laws concerning sexual orientation and gender identity.
In 2011, Palau 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.[3]
Legality of same-sex sexual activity
After recommendations from other countries at the
Previously, male same-sex sexual activity was illegal and punishable by up to ten years in prison; however, female same-sex activity was legal.[7]
Recognition of same-sex relationships
Palau's Constitution defines marriage as between a man and a woman. The same-sex marriage ban was added to the Constitution in 2008. The ban was among the 22 amendments passed during the November 4, 2008 referendum.[8][9]
In recent times, there have been moves to repeal the constitution ban on same-sex marriage. In July 2019, in response to a question at a weekly press conference about his thoughts on the issue,
Living conditions
Open displays of affection between same-sex partners may offend.[14]
In Palauan, the terms mengol a otaor (which literally translates to carrying a large driftwood) and menga tuu (banana eater) refer to homosexual men. They are considered derogatory.[15][16]
Several gay Palauans have chosen to emigrate to neighboring Guam or the United States due to societal rejection they may face at home.[15]
Summary table
Same-sex sexual activity legal | (Since 2014) |
Equal age of consent (17) | (Since 2014) |
Anti-discrimination laws in employment only | |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | |
Same-sex marriage | (Constitutional ban since 2008) |
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 | Has no 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
- ^ "Palau decriminalises sex between men". GayNZ.com. 15 October 2014. Archived from the original on 14 February 2017.
- ^ "New Penal Code takes effect". Island Times. 25 July 2014. Archived from the original on 24 October 2014.
- ^ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov.
- ^ "Decriminalizing homosexuality step to genuine legal equality". Retrieved 27 July 2015.
- ^ "Palau". Retrieved 27 July 2015.
- ^ Two tiny nations drop anti-gay laws: Palau and Sao Tome Erasing 76 Crimes
- ^ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013-07-17 at the Wayback Machine
- ^ "C2D - Centre for research on direct democracy". Archived from the original on 15 April 2015. Retrieved 27 July 2015.
- ^ "Asian-Pacific Law & Policy Journal » Blog Archive » The Rights and Liberties of the Palau Constitution by Kevin Bennardo". Archived from the original on 17 April 2015. Retrieved 27 July 2015.
- ^ Kambes Kesolei, Ongerung (24 July 2019). "Palau's leader backs same-sex marriage". Pacific Note.
- ^ Power, Shannon (25 July 2019). "Palau president supports same-sex marriage, but there's a catch". Gay Star News. Archived from the original on 20 July 2021. Retrieved 29 July 2019.
- ^ Srinivasan, Prianka (29 July 2019). "Palau President's comments on same-sex marriage welcomned, says LGBTQ advocate". Pacific Beat.
- ^ Potts, Andrew (26 July 2019). "Palau's President Wants To End Constitutional Ban On Same-Sex Marriage". Star Observer.
- ^ "Palau travel advice - GOV.UK". Retrieved 27 July 2015.
- ^ a b Ngoriakl, Joleen (26 June 2015). "Let #LoveWin Palau". A Medium Corporation.
- ^ Palauan-English, M