Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Montserrat since 2001.[1]
Before 2001, anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences. Lesbian activity has never been illegal in Montserrat. Sexual acts between two consenting adults in private were expressly decriminalised by an Order in Council in Montserrat (and other British Overseas Territories) by the British Government pursuant to Sections 3(1) and 3(7) of the Caribbean Territories (Criminal Law) Order, 2000.[2] According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex and sex in public remain criminal offences and may also lead to charges under gross indecency and other minor sexual offence laws.[3]
The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).[4]
As a British Overseas Territory, Montserrat is required to comply with its obligations under international human rights instruments. Specifically, this includes an adherence to the European Convention on Human Rights, which highlights a responsibility to ensure non-discrimination and equality.[5]
Recognition of same-sex relationshipsedit
Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
Same-sex marriage
Binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
Other type of partnership
Unregistered cohabitation
No recognition of same-sex couples
Constitutional ban on same-sex marriage
Same-sex sexual activity illegal but penalties not enforced
Same-sex marriage and civil unions are not legal in Montserrat. Only opposite-sex marriage is constitutionally protected as Article 10 (1) of the Constitution reads:[6]
Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.
Discrimination protectionsedit
Article 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on sexual orientation:[6][7]
The expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Living conditionsedit
The gay scene is very limited. There are no gay bars, nightclubs or venues in Montserrat,[8] though several hotels welcome gay tourists and have non-discrimination policies.[9]
While Montserrat society tends to be tolerant of same-sex relationships, open displays of affection between same-sex partners may offend.[9]
Summary tableedit
Same-sex sexual activity legal
(Since 2001)
Equal age of consent
(Pending)
Anti-discrimination laws in employment
(Since 2010)
Anti-discrimination laws in the provision of goods and services
(Since 2010)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
(Since 2010)
Same-sex marriages
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
lgbt, rights, montserrat, lesbian, bisexual, transgender, lgbt, persons, montserrat, face, legal, challenges, experienced, lgbt, residents, same, sexual, activity, been, legal, montserrat, since, 2001, montserratstatuslegal, since, 2001, unequal, consentgender. Lesbian gay bisexual and transgender LGBT persons in Montserrat face legal challenges not experienced by non LGBT residents Same sex sexual activity has been legal in Montserrat since 2001 1 LGBT rights in MontserratMontserratStatusLegal since 2001 unequal age of consentGender identityNoMilitaryYesDiscrimination protectionsYes sexual orientation onlyFamily rightsRecognition of relationshipsNo recognition of same sex couplesRestrictionsSame sex marriage constitutionally banned since 2010AdoptionNo 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 ReferencesLaw regarding same sex sexual activity editBefore 2001 anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences Lesbian activity has never been illegal in Montserrat Sexual acts between two consenting adults in private were expressly decriminalised by an Order in Council in Montserrat and other British Overseas Territories by the British Government pursuant to Sections 3 1 and 3 7 of the Caribbean Territories Criminal Law Order 2000 2 According to section 4 of the order the law was passed retrospectively There are two exceptions to the law group sex and sex in public remain criminal offences and may also lead to charges under gross indecency and other minor sexual offence laws 3 The age of consent is higher for homosexuals 18 than it is for heterosexuals 16 4 As a British Overseas Territory Montserrat is required to comply with its obligations under international human rights instruments Specifically this includes an adherence to the European Convention on Human Rights which highlights a responsibility to ensure non discrimination and equality 5 Recognition of same sex relationships edit nbsp Recognition of same sex unions in the Lesser Antilles and Puerto Rico Same sex marriage Binding domestic court ruling establishing same sex marriage but marriage is not yet provided for Other type of partnership Unregistered cohabitation No recognition of same sex couples Constitutional ban on same sex marriage Same sex sexual activity illegal but penalties not enforced Island subject to IACHR ruling vte Main article Recognition of same sex unions in the British Overseas Territories Same sex marriage and civil unions are not legal in Montserrat Only opposite sex marriage is constitutionally protected as Article 10 1 of the Constitution reads 6 Notwithstanding anything in section 16 every man and woman of marriageable age as determined by or under any law has the right to marry a person of the opposite sex and to found a family Discrimination protections editArticle 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on sexual orientation 6 7 The expression discriminatory means affording different treatment to different persons on any ground such as sex sexual orientation race colour language religion political or other opinion national or social origin association with a national minority property birth or other status Living conditions editThe gay scene is very limited There are no gay bars nightclubs or venues in Montserrat 8 though several hotels welcome gay tourists and have non discrimination policies 9 While Montserrat society tends to be tolerant of same sex relationships open displays of affection between same sex partners may offend 9 Summary table editSame sex sexual activity legal nbsp Since 2001 Equal age of consent nbsp Pending Anti discrimination laws in employment nbsp Since 2010 Anti discrimination laws in the provision of goods and services nbsp Since 2010 Anti discrimination laws in all other areas incl indirect discrimination hate speech nbsp Since 2010 Same sex marriages nbsp Recognition of same sex couples nbsp Stepchild adoption by same sex couples nbsp Joint adoption by same sex couples nbsp LGBT people allowed to serve openly in the military nbsp Since 2000 responsibility of the United Kingdom Right to change legal gender nbsp Access to IVF for lesbians nbsp Commercial surrogacy for gay male couples nbsp Banned for heterosexual couples as well MSMs allowed to donate blood nbsp See also edit nbsp LGBT portal Politics of Montserrat British overseas territories LGBT rights in the Commonwealth of Nations LGBT rights in the Americas LGBT rights by country or territory Recognition of same sex unions in the British Overseas TerritoriesReferences edit State sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013 07 17 at the Wayback Machine Britain Scraps Homosexuality Laws Glapn org Retrieved 19 January 2011 Local News British Virgin Islands Island Sun Archived from the original on 13 July 2011 Retrieved 19 January 2011 Penal Code PDF agc gov ms Retrieved 11 April 2021 Country Profile British Virgin Islands British Overseas Territory Fco gov uk Archived from the original on 13 April 2011 Retrieved 19 January 2011 a b Constitution of Montserrat Part I Fundamental Rights amp Freedoms Government of Montserrat Archived from the original on 14 October 2016 Retrieved 15 July 2014 LABOUR CODE 2012 PDF Government of Montserrat Archived from the original PDF on 10 January 2017 Retrieved 15 July 2014 Gay Life in Montserrat GlobalGayz www globalgayz com a b Local laws and customs Montserrat travel advice GOV UK nbsp This article about lesbian gay bisexual or transgender related law is a stub You can help Wikipedia by expanding it vte nbsp This Montserrat related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title LGBT rights in Montserrat amp oldid 1157593493, wikipedia, wiki, book, books, library,
