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LGBTIQ

LGBTIQ / LGBTQIA+ legal topics involve rights related to sexual orientation, gender identity, and expression, including protections against discrimination, access to healthcare, family recognition, and asylum protections.

Criminal Code

The Belize Criminal Code defines and criminalizes rape, including marital rape (Sections 46, 71-74); carnal knowledge of female child (Section 47); procuring or attempting to procure a woman (Section 49-50); compulsion of marriage (Section 58); incest by males (Section 62); abortion, miscarriage, and child destruction (Sections 111-12, 127).  The Code mandates a minimum sentence of eight years for rape (Section 46), 12 years of carnal knowledge of a female child (Section 47), and a life sentence for habitual sex offenders (Section 48).

Of particular note:

Criminal Law (Offences) Act (1893) on Sex Crimes and Offenses Against Morality

The Criminal Law (Offenses) Act of 1893 classifies “offenses against morality” to include the sale or distribution of obscene material and acts of “gross indecency” between men. Sections 351 to 354 criminalize male same-sex intimacy, attempted same-sex intimacy, and “buggery.” These provisions continue to impose criminal penalties on consensual same-sex conduct between adults. The Act defines rape as a felony punishable by life imprisonment.

Criminal Law (Sexual Offences) Act 1993

In addition to abolishing the offence of buggery (sodomy) between adults, this Act codifies the law relating to sex work (referred to as ‘prostitution’), with the starting point being that it does not make prostitution itself illegal. However, the Act does not define ‘prostitute’. Section 1(2) defines ‘prostitution’ as occurring where “a person solicits or importunes another person for the purpose of obtaining that other person’s services as a prostitute,” or where they solicit or importune another person on behalf of a third person for the purposes of prostitution.

Cправа №815/4612/15 (Case No. 815/4612/15)

Officials of the Odessa City Council sued the head of the organizing committee of "Odessa Pride-2015" (a multi-day queer festival and peaceful meeting in support of human rights for everyone, regardless of sexual orientation and gender identity scheduled for August 2015), in order to limit the right of this organization to peaceful assembly by banning their mass public events, namely gatherings, rallies, pickets, demonstrations meetings, etc., in the center of Odessa.

Darbo Kodeksas (Labor Code)

The Labor Code confers upon the employer a duty to implement gender equality and non-discrimination principles, which include equal selection criteria, working conditions, benefits, work evaluation criteria, and remuneration for employees. Moreover, eligible employees are entitled to pregnancy and childbirth leave, amounting to 70 calendar days before and 56 calendar days after childbirth. Also, an employer cannot present a termination notice without mutual agreement to an employee they know to be pregnant until the day the baby turns four months old.

Data Protection Act (2023)

The Data Protection Act regulates the collection and use of personal data in Guyana and designates “sensitive personal data” to include information about a data subject’s sexual orientation, sexual life, and health status. Processing of sensitive data is restricted to specified purposes that include providing goods or services to the data subject and monitoring behavior when lawful and necessary. The statute establishes heightened protections for categories that directly affect women and LGBTQ persons.

De Lange v. Presiding Bishop of the Methodist Church of South Africa for the Time Being (Voortsittende Biskop van die Metodiste kerk van Suid Afrika vir tyd en wyl)

After a Methodist Church minister (applicant) announced to her congregation her intention to marry her same-sex partner, the Methodist Church (respondent) suspended and subsequently discontinued her role as an ordained minister in early 2010. In March 2010, the applicant referred the matter to arbitration according to the Laws and Discipline of the Church. The parties could not agree on the applicant’s procedural rights and the arbitration convener proceeded with the process as provided by the Laws and Discipline of the Church.

Dėl leidimo laikinai gyventi Lietuvoje užsieniečiui šeimos susijungimo pagrindu Nr. 16/2016 (On the Law “Legal Situation of Foreigners” Compliance with the Constitution)

A Belarusian citizen and a Lithuanian registered their same-sex marriage in Denmark. In the same year, the Belarusian citizen applied for a Residency Permit on grounds of Family Reunification in Lithuania. However, it was denied by the Migration Department because neither same-sex marriage nor same-sex partnership is legal in Lithuania. The District Court affirmed the Migration Department’s decision; however, upon appeal, the Supreme Administrative Court decided to refer the case to the Constitutional Court.

Dėl Valstybinės šeimos politikos koncepcijos Nr. 21/2008 (On the Concept of State Family Policy)

Amongst other things, this case sets out that the constitutional concept of family is not only derived from the institution of marriage. According to the Court, a family formed on the basis of “continuous emotional affection, mutual understanding, responsibility, respect, co-parenting, and the like” is also protected by the Constitution. The significance of such family definition for same-sex partners was proven years later by the Constitutional Court case No. 16/2016.

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