The Civil Law of Guyana Act (the “Act”) sets out the rules for intestate succession, and provides that daughters and sons equally inherit assets from their parents. Similarly, male and female surviving spouses are entitled to the same interests. For example, if a husband is the surviving spouse, he is entitled to the same interest his wife would be entitled to if she was the survivor.
The Combating of Trafficking in Persons Act (Act 7 of 2023) repeals and replaces the Combating of Trafficking in Persons Act of 2005 while retaining the core prohibition on all forms of human trafficking. Section 2 defines trafficking through the recruitment, transport, transfer, harboring, or receipt of a person for exploitation, using force, coercion, deception, abuse of power, or payments made to a person controlling the victim.
Article 149(1) of the Constitution of Guyana prohibits discrimination on grounds that include sex, marital status and pregnancy. Sexual orientation, gender expression and gender identity are not listed grounds. Article 149F guarantees women equal rights and equal opportunities in all spheres of life. It includes equal access to education, employment, training, promotion and remuneration. Article 29 requires active measures to support women’s participation in public decision making. Article 34 calls for the removal of discriminatory distinctions in society.
Sections 51 and 52 criminalize of the Criminal Law (Offences) Act (the “Act”) criminalizes administering, with intent to injure, a “poison or noxious substance” to another person. An individual may be found guilty of a misdemeanor, and be sentenced up to five years in prison. However, a person who carries out such an act with the intent of harming another person or causing grievous bodily harm may be found guilty, and may face up to 10 years in prison.
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.
The Cybercrime Act (the “Act”) criminalizes the use of a computer system to sexually harass individuals. Part II, Section 19(2)(a) makes it unlawful to transmit electronic data that is obscene, vulgar, profane, lewd, lascivious, or indecent when the sender intends to humiliate or harass another person and the conduct harms the target’s health, emotional well-being, self-esteem, or reputation. Penalties may reach up to three million dollars and three years in prison.
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.
The Domestic Violence Act set forth the procedures for granting protection orders in situations involving domestic violence. Under Part III of the Act, once a protection order has been granted, a police officer could, without a warrant, enter any premises “if he has reasonable grounds to suspect that a protection order is being violated.” Section 42 of Part IV of the Act provided that, once a police officer has intervened in a case of domestic violence, “the police officer shall as soon as possible take all reasonable measures within his power to prevent the victim of domestic v
The Equal Rights Act (the“Act”) expands upon and enforces Article 29 of the Constitution, with the purpose of ensuring that women are treated as equal to men in politics, employment, economics, and social life. The Act prohibits discrimination on the basis of sex and marital status. The Act also permits women who are mothers to receive protective health benefits and paid maternity leave.
The Family Violence Act 2024 (“FVA”) was ratified in 2024, replacing the Domestic Violence Act 1996. The FVA adopts a broad definition of “family member” including spouses, cohabitants and children, and expands the concept of domestic violence to include family violence. Family violence is defined as any physical, sexual, emotional, or economic abuse that is threatening, controlling, or coercive and causes a family member to fear for their safety. Additionally, causing a child to be exposed to such behavior is also considered family violence.
