LGBT rights in Oceania
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(Redirected from LGBT rights in Christmas Island)
LGBT rights in Oceania | |
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Oceania
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Same-sex sexual activity legal? | Legal in 8 out of 14 states Legal in 10 out of 11 territories |
Gender identity/expression | Legal in 3 out of 14 states Legal in 7 out of 11 territories |
Military service | Allowed to serve openly in 2 out of 6 states having an army Legal in all 11 territories |
Discrimination protections | Legal in 4 out of 14 states Legal in 9 out of 11 territories |
Family rights | |
Recognition of relationships |
Legal in 2 out of 14 states Legal in 7 out of 11 territories |
Restrictions:
|
Same-sex marriage constitutionally banned in 1 out of 14 states |
Adoption | Legal in 2 out of 14 states Legal in 6 out of 11 territories |
Oceania is, like other regions, quite diverse in its laws regarding homosexuality. This ranges from significant rights granted to the LGBT community in e.g. marriage in New Zealand and the Pitcairn Islands to remaining criminal penalties for homosexual activity in 6 countries and one territory.[1]
Contents
Legislation by country or territory
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Tables:
Australasia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Australia (including territories of Christmas Island, Cocos (Keeling) Islands and Norfolk Island) |
Legal in South Australia since 1972, in Victoria since 1981, New South Wales since 1983, the Northern Territory since 1984, the Australian Capital Territory since 1985, Western Australia since 1990, Queensland since 1991, Norfolk Island since 1993 and Tasmania since 1997 Legal in Christmas Island and Cocos (Keeling) Islands (Age of consent discrepancy in Queensland only) + UN decl. sign.[2] |
Unregistered cohabitation since 2009 Domestic patnership in Tasmania (2004),[3] South Australia (2007),[4] Victoria (2008),[5] New South Wales (2010)[6] and Queensland (2012)[7]; |
Banned federally under the Marriage Amendment Act 2004[9] (Pending)[10] | / Joint adoption in Western Australia (2002), the Australian Capital Territory (2004), New South Wales (2010) and Tasmania (2013); Step-child adoption in Victoria (2007); Banned in South Australia, Queensland and Northern Territory |
Since 1992 | Bans all anti-gay discrimination.[11] | [11] |
New Zealand | Legal since 1986 + UN decl. sign.[2] |
Unregistered cohabitation since 2001; Civil union since 2005. |
Legal since 2013[12] | Legal since 2013 for married couples and individuals (Banned for unmarried and civil union couples regardless of sexual orientation)[12] | Since 1993 | Bans all anti-gay discrimination | Covered under the "sex discrimination" provision of the Human Rights Act 1993 since 2006. |
Melanesia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Fiji | Legal since 2010 + UN decl. sign.[13][2] |
Bans some anti-gay discrimination[2] | |||||
New Caledonia (overseas collectivity of France) |
Legal (No laws against same-sex sexual activity has ever existed in the collectivity) + UN decl. sign.[2] |
Civil solidarity pact since 2009 | Legal since 2013 | Legal since 2013 | French responsibility | Bans all anti-gay discrimination | (Requires sterilization for change) |
Papua New Guinea | Male illegal Penalty: 3 to 14 years imprisonment (Not enforced) Female always legal[2] |
||||||
Solomon Islands | Illegal Penalty: Up to 14 years imprisonment.[2] |
Has no military | |||||
Vanuatu | Legal since 2007 + UN decl. sign.[2] |
Micronesia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Guam (Unincorporated territory of the United States) |
Legal since 1978 + UN decl. sign.[2] |
Since 2015 | Legal since 2015 | Legal since 2002 | US responsibility | Bans some anti-gay discrimination. The US hate crime laws apply to all US external territories as well |
Bans some discrimination relating to gender identity or expression. The US hate crime laws also apply to all US external territories as well |
Federated States of Micronesia | Legal + UN decl. sign.[2] |
Has no military | |||||
Kiribati | Male illegal Penalty: 5-14 years imprisonment (Not enforced) Female legal[2] |
Has no military | |||||
Marshall Islands | Legal since 2005 + UN decl. sign.[2] |
Has no military | |||||
Nauru | Male illegal Penalty: 3-14 years imprisonment (Not enforced) Female legal + UN decl. sign.[2] |
Has no military | |||||
Northern Mariana Islands (Unincorporated territory of the United States) |
Legal since 1983 + UN decl. sign.[2] |
Since 2015 | Legal since 2015 | Legal since 2015 | US responsibility | The US hate crime laws also apply to all US external territories as well | The US hate crime laws also apply to all US external territories as well |
Palau | Legal since 2014 + UN decl. sign.[14] |
Constitutional ban since 2008 | Has no military |
Polynesia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
American Samoa (Unincorporated territory of the United States)[15] |
Legal since 1980 + UN decl. sign.[2] |
[16] | US responsibility | The US hate crime laws also apply to all US external territories as well | The US hate crime laws also apply to all US external territories as well | ||
Easter Island (Overseas territory of Chile) |
Legal since 1999 (Age of consent discrepancy) + UN decl. sign.[2] |
Civil union since 2015. | (Pending) | LGBT individuals may adopt (Pending) | Chile responsible for defence. | Since 2007. | |
Cook Islands (Part of the Realm of New Zealand) |
Male illegal Penalty: 5-14 years imprisonment (Not enforced) Female legal + UN decl. sign.[2] |
New Zealand's responsibility | Bans some anti-gay discrimination[17] | ||||
French Polynesia (Overseas collectivity of France) |
Legal (No laws against same-sex sexual activity has ever existed in the collectivity) + UN decl. sign.[2] |
Since 2013 | Legal since 2013 | Legal since 2013 | French responsibility | Bans all anti-gay discrimination | (Requires sterilization for change) |
Niue (Part of the Realm of New Zealand) |
Legal since 2007 + UN decl. sign.[2] |
New Zealand's responsibility | |||||
Pitcairn Islands (Overseas territory of the United Kingdom) |
Legal since 2001 + UN decl. sign.[2] |
Since 2015 | Legal since 2015[18] | Legal since 2015[19] | UK responsible for defence | Constitutional ban on discrimination.[20] | |
Samoa | Male illegal Penalty: 5-7 years imprisonment (Not enforced) Female always legal + UN decl. sign.[2] |
Has no military | Bans some anti-gay discrimination[21] | Samoa has a large transgender or "third-gendered" community called the Fa'afafine. This is a recognized part of traditional Samoan customs, and usually refers to trans women. | |||
Tokelau (Part of the Realm of New Zealand) |
Legal since 2007 + UN decl. sign.[2] |
New Zealand's responsibility | |||||
Tonga | Male illegal Penalty: Up to 10 years imprisonment and whipping (Not enforced) Female always legal[2] |
||||||
Tuvalu | Male illegal Penalty: Up to 14 years imprisonment (Not enforced) Female legal + UN decl. sign.[2] |
Has no military | |||||
Wallis and Futuna (Overseas collectivity of France) |
Legal (No laws against same-sex sexual activity has ever existed in the collectivity) + UN decl. sign.[2] |
Civil solidarity pact since 2009 | Legal since 2013 | Legal since 2013 | French responsibility | Bans all anti-gay discrimination | (Requires sterilization for change) |
See also
References
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2014
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Relationships Act 2008 (Vic)
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Marriage Amendment Act 2004
- ↑ http://www.gaystarnews.com/article/australian-parliament-vote-same-sex-marriage-again-year040814
- ↑ 11.0 11.1 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
- ↑ 12.0 12.1 Marriage equality Bill officially signed into law, GayNZ.com, Retrieved 19 April 2013
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Palau decriminalises sex between men
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Employment Relations Act 2012
- ↑ Pitcairn Island: Same Sex Marriage and Civil Partnership Ordinance 2015
- ↑ [1]
- ↑ The Pitcairn Constitution Order 2010
- ↑ Labour and Employment Relations Act 2013