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LGBTQ rights in the Republic of the Congo
From Wikipedia, the free encyclopedia
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Republic of the Congo face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of homosexuality are legal in the Republic of the Congo, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples, with reports of discrimination and abuses towards LGBTQ people.
 | This article needs additional citations for verification. (January 2025) |
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Laws regarding same-sex sexual activity
Same-sex relationships have been legal in the Republic of the Congo since 1940. The text of the 1940 Penal Code, as amended in 2006, only prohibits same-sex sexual behaviour with a person younger than 21 years. There is an unequal age of consent, with it being 18 for opposite-sex sexual activity.[1]
Recognition of same-sex relationships
There is no legal recognition of same-sex unions.[citation needed]
Discrimination protections
There is no broad legal protection against discrimination based on sexual orientation or gender identity. However, some limited protections based on sexual orientation regarding personal data are in place.
- Article 19 of Law No. 27-2020 on the Fight against Cybercrime states "Anyone who, except in the cases provided for by law, places or stores on a computer medium or memory, without the express consent of the person concerned, personal data revealing, directly or indirectly, the person's ethnic origin, political, philosophical, or religious opinions, or trade union membership, or relating to the person's health or sexual orientation, shall be punished by imprisonment of at least one year to a maximum of five years and a fine of one million to ten million CFA francs, or both."[2]
- Articles 8, 10 and 15 of Decree No. 2025-66 relating to the Personal data of Air Passengers protects sexual orientation.[3]
- Law No. 29-2019 on the Protection of Personal Data protects a person's sexual life as sensitive and personal data in its Articles 4, 14 and 40.[4]
Living conditions
The U.S. Department of State's 2010 Human Rights Report found that,[5]
There was not a large openly gay or lesbian community due to the social stigma associated with homosexuality ... There were no known cases of violence or discrimination against gays, lesbians, or transgendered individuals during the year. While discrimination may exist due to the social stigma surrounding homosexuality, no such cases were reported to the NGOs or covered by the media.
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Summary table
| Same-sex sexual activity legal |  (Since 1940) |
| Equal age of consent |  (Since 1947)[6] |
| Anti-discrimination laws in hate speech and violence | |
| Anti-discrimination laws in employment | |
| Anti-discrimination laws in the provision of goods and services | |
| Same-sex marriage | |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military | |
| Right to change legal gender | |
| Conversion therapy made illegal | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |
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See also
References
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