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LGBTQ rights in Equatorial Guinea
From Wikipedia, the free encyclopedia
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Equatorial Guinea face legal challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Equatorial Guinea, however LGBTQ persons face stigmatization among the broader population, and same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available as opposite-sex couples.[2]
The new Penal Code adopted in 2022 prohibits employment discrimination based on a person's sexual orientation, being the first legal provision to explicitly protect lesbian, gay, and bisexual people.[1]
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Laws regarding same-sex sexual activity
Although there are no laws against homosexuality in Equatorial Guinea, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) report "there is evidence that State intimidation of sexually diverse individuals persists." The criminal code in force in Equatorial Guinea is a revision of the Spanish Criminal Code that dates back to the Francoist era and is said to post-colonially carry anti-homophobic undertones that influence those perception today.[2][3] The age of consent is set at 18, regardless of gender and/or sexual orientation.
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Recognition of same-sex relationships
Same-sex couples have no legal recognition.
Discrimination protections
There are no legal provisions protecting against any discriminatory act based on sexual orientation or gender identity. However, as of November 15, 2022, Article 364(2) of the new Penal Code prohibits employment discrimination against any person on the basis of their sexual orientation.[1]
Furthermore, Law 1/2016 on the Protection of Personal Data establishes, in Articles 10 and 41, the protection of personal data related to "sexual life" that entails discrimination.[4]
Living conditions
The U.S. Department of State's 2010 Human Rights Report found that "there are no laws criminalizing sexual orientation; however, societal stigmatization and traditional discrimination against gay men and lesbians was strong, and the government made little effort to combat it".[5]
Summary table
| Same-sex sexual activity legal |  (Always legal) |
| Equal age of consent (18) | (Since 1931)[6] |
| Anti-discrimination laws in hate speech and violence |  |
| Anti-discrimination laws in employment | (Since 2022)[1] |
| 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 | |
| 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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