LGBTQ rights in the Republic of the Congo

LGBTQ rights in the Republic of the Congo
LGBTQ rights in the Republic of the Congo
	Republic of the Congo
Status	Legal since 1940, unequal age of consent
Gender identity	-
Military	-
Discrimination protections	No
Family rights
Recognition of relationships	No
Adoption	No

Lesbian, gay, bisexual, and transgender (LGBT) people in the Republic of the Congo face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of homosexuality are legal in the Republic of the Congo, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples, with reports of discrimination and abuses towards LGBT people.

Laws regarding same-sex sexual activity

Same-sex relationships have been legal in the Republic of the Congo since 1940. The text of the 1940 Penal Code, as amended in 2006, only prohibits same-sex sexual behaviour with a person younger than 21 years. There is an unequal age of consent, with it being 18 for opposite-sex sexual activity.^[1]

Recognition of same-sex relationships

There is no legal recognition of same-sex unions.^{[citation needed]}

Discrimination protections

There is no legal protection against discrimination based on sexual orientation or gender identity.^{[citation needed]}

Living conditions

The U.S. Department of State's 2010 Human Rights Report found that,^[2]

There was not a large openly gay or lesbian community due to the social stigma associated with homosexuality ... There were no known cases of violence or discrimination against gays, lesbians, or transgendered individuals during the year. While discrimination may exist due to the social stigma surrounding homosexuality, no such cases were reported to the NGOs or covered by the media.

Summary table

Same-sex sexual activity legal	(Since 1940)
Equal age of consent	(Since 1947)^[3]
Anti-discrimination laws in hate speech and violence
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Same-sex marriage
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
Right to change legal gender
Conversion therapy made illegal
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

References

^ ^a ^b Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). p. 45. Archived from the original (PDF) on 11 June 2012. Retrieved 5 May 2009.
^ "REPUBLIC OF THE CONGO" (PDF).
^ "Archived copy" (PDF). Archived from the original (PDF) on 17 July 2013. Retrieved 10 March 2016.{{cite web}}: CS1 maint: archived copy as title (link)

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[ILGA_2012-1] Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). p. 45. Archived from the original (PDF) on 11 June 2012. Retrieved 5 May 2009.

[2] "REPUBLIC OF THE CONGO" (PDF).

[3] "Archived copy" (PDF). Archived from the original (PDF) on 17 July 2013. Retrieved 10 March 2016.{{cite web}}: CS1 maint: archived copy as title (link)

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