LGBT rights in Mauritius

LGBT rights in 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 four organisations for the LGBT community: Collectif Arc en Ciel , Young Queer Alliance , Association VISA G and Pils.[6]

Founded in 2005, Collectif Arc en Ciel ("Rainbow Collective") is the pioneer and main organization for the LGBT community in Mauritius. The group organized the first Gay Pride walk in Mauritius and has been doing so for the last ten years gathering more than 1200 participants in 2016. The organization fights homophobia and discrimination based on sexual orientation through numerous campaigns and also provides support to the young LGBTQI community.[6]

Founded on 1 September 2014, Young Queer Alliance is an organisation for the young-LGBTQI community in Mauritius. The Young Queer Alliance engages in support, advocacy and 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]

Other LGBT initiatives

Some initiatives indicates an increasing acceptance towards the LGBT community in Mauritius:

Founded in 2014, Moments.mu became the first travel agency in Mauritius to dedicate their services to the LGBT community.

Summary table

Same-sex sexual activity legal However anal sex is illegal punishable for both heterosexuals and non-heterosexuals with 5 years imprisonment.
Equal age of consent (14)
Anti-discrimination laws in employment only Since 2008 (Refer to Employment Rights Act and Employment Relations Act)
Anti-discrimination laws in the provision of goods and services Since 2012 (Refer to Equal Opportunities Act)
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Hate speech is punishable but there is no provisions based on sexual orientation or gender identity specifically
Same-sex marriages The Civil Status Act speaks of spouse and not specifically of man and woman. There is a case at the Equal Opportunities Commission since 27th July 2015 supported by the Young Queer Alliance. [7]
Recognition of same-sex couples Refer to same-sex marriages.
Step-child adoption by same-sex couples Refer to same-sex marriages.
Joint adoption by same-sex couples Refer to same-sex marriages.
Gays and lesbians allowed to serve openly in the military Mauritius does not have a military. There are no policy to prevent a person working at the police force or other forces from disclosing (or not) his/her/ze sexual identity.
Right to change legal gender Trans-people are not recognised.
Access to In-Vitro Fertilisation In-Vitro Fertilisation is practised as medical tourism in Mauritius at ex-Appolo Bramwell Hospital, Harley Street Fertility and Bio-Life Centre of St. Esprit Clinic. It is not limited to a category of people based on their sexual identity.[8]
Commercial surrogacy Egg donation, Sperm donation and Surrogacy still not allowed by the Ministry Of Health, in Mauritius but in 2014, the Ministry of Health was considering to introduce the law.[9]
Blood donation for lesbians, homosexuals, transgender and bisexuals Refer to Equal Opportunities Commission ruling in 2014.
MSMs allowed to donate blood

See also

References

  1. ↑ Archived 6 December 2013 at the Wayback Machine.
  2. ↑ "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults", International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy and Jingshu Zhu, May 2013, page 51
  3. ↑ Equal Opportunities Act 2008, International Labor Organization
  4. ↑ "Intercountry Adoption: Mauritius", Passports USA, April 2006
  5. ↑ "Fiches pays Adoption: Maurice", France Diplomatie, French Ministry of Foreign Affairs, Google translation
  6. 1 2 3 4 "LGBT Mauritius". Retrieved 6 March 2015.
  7. ↑ Young Queer Alliance, Article de l'Express, 12 September 2015
  8. ↑ Indicative Cost of Treatment in Mauritius, Board of Investment, Mauritius: A High-tech Medical Hub
  9. ↑ Harley Street Fertility Centre Mauritius
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