Lesbian, gay, bisexual, and transgender (LGBT) persons in Curaçao may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Curaçao, but same-sex marriage is not legal. Same-sex couples with Dutch nationality[nb 1] must travel to the Netherlands to get married and legal protection of marriage is not unconditional. Discrimination on the basis of "heterosexual or homosexual orientation" is outlawed by the Curaçao Criminal Code.
In 2017, a proposal to grant same-sex couples some limited rights was introduced to the Estates of Curaçao.[4]
In September 2018, during the sixth edition of Curaçao Gay Pride, the local LGBT rights organizations FOKO Curaçao, Equality Curaçao and Curaçao Gay Pro handed over a bill to Vice President of Parliament Giselle McWilliam that would allow same-sex couples to marry in Curaçao.[5][6][7] McWilliam applauded the action saying, "I think it's great. It shows that democracy is alive on Curaçao. That initiatives can come not only from the parliament or the government, but also from the people themselves. Everyone has the right to submit a bill, I am going to do everything to help this group, because they are also part of it."[8] According to Prime MinisterEugene Rhuggenaath, who attended the parade, it is now time to debate the issue. He said, "Exclusion and discrimination against the LGBT community affects human rights."[9] On 4 June 2019, the bill was submitted to the Estates of Curaçao,[10][11] but later withdrawn in September 2020 from lack of support.[12]
Discrimination protections
The Curaçao Criminal Code (Dutch: Wetboek van Strafrecht; Papiamento: Kódigo Penal), enacted in 2011, prohibits unfair discrimination and incitement to hatred and violence on various grounds, including "heterosexual or homosexual orientation".[13] Article 1:221 describes discrimination as "any form of discrimination, exclusion, restriction or preference, which has the purpose or effect of impacting or affecting recognition, enjoyment or the exercise of human rights and fundamental liberties in political, economic, social or cultural fields or in other areas of social life." Articles 2:61 and 2:62 provide for penalties ranging from fines to one year imprisonment.
Living conditions
Curaçao has a large tourism industry. Several venues, hotels and restaurants openly cater to LGBT tourists.[14][15] The island is frequently referred to as one of the Caribbean's most LGBT-friendly areas, and has the highest membership rate of businesses in the International Gay and Lesbian Travel Association in the Caribbean.[16] Curaçao possesses quite a large gay scene, with the first pride parade having occurred in 2012.[14] There are several LGBT associations on the island, including Equality Curaçao (Igualdat Kòrsou), FOKO Curaçao (Fundashon Orguyo Kòrsou) and Curaçao Gay Pro.
Despite this, local LGBT people have reported that discrimination and family rejections still exist.[14] The Roman Catholic Church has a strong influence on the island, and has often opposed proposals and discussions aimed at improving LGBT rights.[17]
^"Moses MP: "Gay Parade is not part of our culture and it brings division in our community" - Curaçao Chronicle". curacaochronicle.com. 25 September 2017. Retrieved 27 May 2018.
^. Curaçao Chronicle. 29 September 2017. Archived from the original on 29 September 2017.
lgbt, rights, curaçao, lesbian, bisexual, transgender, lgbt, persons, curaçao, face, legal, challenges, experienced, lgbt, residents, both, male, female, same, sexual, activity, legal, curaçao, same, marriage, legal, same, couples, with, dutch, nationality, mu. Lesbian gay bisexual and transgender LGBT persons in Curacao may face legal challenges not experienced by non LGBT residents Both male and female same sex sexual activity are legal in Curacao but same sex marriage is not legal Same sex couples with Dutch nationality nb 1 must travel to the Netherlands to get married and legal protection of marriage is not unconditional Discrimination on the basis of heterosexual or homosexual orientation is outlawed by the Curacao Criminal Code LGBT rights in CuracaoCuracaoStatusLegalMilitaryYesDiscrimination protectionsDiscrimination based on heterosexual or homosexual orientation prohibitedFamily rightsRecognition of relationshipsSame sex marriages performed in the Netherlands recognizedAdoptionNo Contents 1 Law regarding same sex sexual activity 2 Recognition of same sex relationships 3 Discrimination protections 4 Living conditions 5 Summary table 6 See also 7 Notes 8 ReferencesLaw regarding same sex sexual activity EditSame sex sexual activity is legal in Curacao 1 The age of consent is 16 and is equal for both heterosexual and homosexual intercourse Recognition of same sex relationships EditMain article Same sex marriage in Aruba Curacao and Sint Maarten As part of the Kingdom of the Netherlands Curacao must recognize same sex marriages registered in the Netherlands as well as in Bonaire Sint Eustatius and Saba also known as the Caribbean Netherlands as valid Despite this same sex couples cannot legally marry on the island itself nor are civil unions or other forms of recognition available In April 2015 representatives of all four constituent countries agreed that same sex couples should have equal rights throughout the Kingdom 2 In August 2015 in the case of Oliari and Others v Italy the European Court of Human Rights ECHR ruled that it is discriminatory to provide no legal recognition to same sex couples The ECHR has jurisprudence over Curacao 3 In 2017 a proposal to grant same sex couples some limited rights was introduced to the Estates of Curacao 4 In September 2018 during the sixth edition of Curacao Gay Pride the local LGBT rights organizations FOKO Curacao Equality Curacao and Curacao Gay Pro handed over a bill to Vice President of Parliament Giselle McWilliam that would allow same sex couples to marry in Curacao 5 6 7 McWilliam applauded the action saying I think it s great It shows that democracy is alive on Curacao That initiatives can come not only from the parliament or the government but also from the people themselves Everyone has the right to submit a bill I am going to do everything to help this group because they are also part of it 8 According to Prime Minister Eugene Rhuggenaath who attended the parade it is now time to debate the issue He said Exclusion and discrimination against the LGBT community affects human rights 9 On 4 June 2019 the bill was submitted to the Estates of Curacao 10 11 but later withdrawn in September 2020 from lack of support 12 Discrimination protections EditThe Curacao Criminal Code Dutch Wetboek van Strafrecht Papiamento Kodigo Penal enacted in 2011 prohibits unfair discrimination and incitement to hatred and violence on various grounds including heterosexual or homosexual orientation 13 Article 1 221 describes discrimination as any form of discrimination exclusion restriction or preference which has the purpose or effect of impacting or affecting recognition enjoyment or the exercise of human rights and fundamental liberties in political economic social or cultural fields or in other areas of social life Articles 2 61 and 2 62 provide for penalties ranging from fines to one year imprisonment Living conditions EditCuracao has a large tourism industry Several venues hotels and restaurants openly cater to LGBT tourists 14 15 The island is frequently referred to as one of the Caribbean s most LGBT friendly areas and has the highest membership rate of businesses in the International Gay and Lesbian Travel Association in the Caribbean 16 Curacao possesses quite a large gay scene with the first pride parade having occurred in 2012 14 There are several LGBT associations on the island including Equality Curacao Igualdat Korsou FOKO Curacao Fundashon Orguyo Korsou and Curacao Gay Pro Despite this local LGBT people have reported that discrimination and family rejections still exist 14 The Roman Catholic Church has a strong influence on the island and has often opposed proposals and discussions aimed at improving LGBT rights 17 In September 2017 in a speech called historical by LGBT activists Prime Minister Eugene Rhuggenaath called for more acceptance at the Gay Pride parade in Willemstad 18 19 Summary table EditSame sex sexual activity legal Equal age of consent Anti discrimination laws in employment Since 2011 Anti discrimination laws in the provision of goods and services Since 2011 Anti discrimination laws in all other areas Since 2011 Same sex marriages From 7th March 2023 20 Recognition of same sex couples From 7th March 2023 Stepchild adoption by same sex couples Joint adoption by same sex couples LGBT people allowed to serve in the military The Netherlands responsible for defence Right to change legal gender Access to IVF for lesbians Commercial surrogacy for gay male couples Banned regardless of sexual orientation MSMs allowed to donate blood See also Edit LGBT portalLGBT rights in the Netherlands LGBT rights in the Americas LGBT rights in Aruba LGBT rights in Sint Maarten Same sex marriage in Aruba Curacao and Sint Maarten Politics of CuracaoNotes Edit Citizens of Curacao have Dutch nationality by jus sanguinis References Edit State sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 October 2012 at the Wayback Machine Snel homorechten in alle delen van het Koninkrijk 23 April 2015 Retrieved 27 May 2018 Olairi v Italy The First Step to Equal Marriage in Europe www jurist org Retrieved 27 May 2018 Schotte wants referendum on same sex marriage Curacao Chronicle curacaochronicle com 30 November 2017 Retrieved 27 May 2018 LHBT s Curacao willen homohuwelijk gaysite nl 28 September 2018 van Beek Roelie 30 September 2018 Er is verbetering in homo acceptatie op Curacao Caribisch Network Press Release LGBTQ Community Wants Equality Marriage Curacao Chronicle 28 September 2018 van Beek Roelie 27 September 2018 Wetsvoorstel homohuwelijk trapt Curacao Gay Pride af Caribisch Network Drayer Dick 29 September 2018 Gay Pride Curacao eist homohuwelijk Nederlandse Omroep Stichting Gay marriage bill submitted Curacao Chronicle 4 June 2019 Retrieved 5 June 2019 Wetsvoorstel homohuwelijk naar Staten Antilliaans Dagblad in Dutch 4 June 2019 Retrieved 7 June 2019 Insufficient support for bill proposal legalization gay marriage Curacao LANDSVERORDENING van de 2de november 2011 houdende vaststelling van een nieuw Wetboek van Strafrecht PDF gobiernu cw in Dutch a b c Richard Ammon September 2012 Gay Life in Netherlands Antilles Curacao Globalgayz 5 Reasons Why Curacao Needs to Be on Your LGBT Travel Radar HuffPost 9 July 2014 Why LGBT is Hot on Curacao Avila Beach Hotel Moses MP Gay Parade is not part of our culture and it brings division in our community Curacao Chronicle curacaochronicle com 25 September 2017 Retrieved 27 May 2018 Historical Speech Prime Minister Curacao During Gay Pride Curacao Chronicle 29 September 2017 Archived from the original on 29 September 2017 Historische toespraak premier Curacao op Gay Pride in Dutch Nederlandse Omroep Stichting 29 September 2017 Archived from the original on 29 September 2017 Raad Hoge 13 April 2007 ECLI NL HR 2007 AZ6095 voorheen LJN AZ6095 Hoge Raad R05 139HR uitspraken rechtspraak nl Retrieved from https en wikipedia org w index php title LGBT rights in Curacao amp oldid 1127170250, wikipedia, wiki, book, books, library,
