Lesbians, gays, bisexuals and transgender people (LGBT) in Palau face legal problems that other residents of this country do not experience. Same-sex relationships were permitted in Palau on July 23, 2014 , when the current Penal Code entered into force [1] [2] . Same-sex marriage is prohibited by the constitution. There are no anti-discrimination laws in Palau regarding sexual orientation and gender identity .
| LGBT Rights in Palau | |
|---|---|
 | |
| Fundamental Rights Overview | |
| Legality of contacts : | Same-sex contacts have been legal since 2014. |
| Relationship Registration: | Same-sex marriages are not registered. Other forms of unions are not registered. |
| Laws against discrimination: | not |
In 2011, Palau signed a “ joint statement to end acts of violence and related human rights violations based on sexual orientation and gender identity ” at the United Nations , condemning violence and discrimination against LGBT people [3] .
Content
The Legality of Same-Sex Sexual Relations
Following recommendations from other countries, presented in the in October 2011 , the Government of Palau promised to completely eliminate criminal liability for homosexuality [4] [5] . In April 2014, President Thomas Remengesau signed into law a new Criminal Code that does not contain provisions prohibiting consensual sex between people of the same sex [6] . The Penal Code entered into force on July 23, 2014.
Previously, same-sex sexual relations of men were illegal and punished with imprisonment for up to ten years; however, same-sex contacts among women were legal [7] .
Recognition of gay marriage
The Palau constitution says that a marriage can be concluded between a man and a woman. The ban on same-sex marriage was added to the Constitution in 2008. This ban was one of 22 amendments adopted during the referendum on November 4, 2008 [8] .
Living conditions
Open manifestations of affection between same-sex partners can cause condemnation [9] .
In Palau, the terms “mengol otor” ( English “mengol a otaor” ) (which literally translates as “wearing big driftwood”) and “menga tuu” English. “Menga tuu” (banana eater) refers to homosexual men. These terms are used as insults [10] [11] .
Some gays prefer to emigrate to neighboring Guam or the United States because of the social rejection they may face at home [10] .
PivotTable
| Legality of gay sex | (Since 2014) |
| Equal age of consent | (Since 2014) |
| Employment Anti-Discrimination Laws | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (including indirect discrimination, incitement to hatred) | |
| Same-sex marriage | (Constitutional Prohibition of Same-Sex Marriages since 2008) |
| Adopting a child by same-sex couples | |
| Co-adoption by same-sex couples | |
| LGBT people are allowed to openly serve in the army | The army is missing |
| The right to change the legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for homosexual couples | |
| MSM is allowed to donate blood |
Notes
- ↑ GayNZ.com Palau decriminalises sex between men . web.archive.org (February 14, 2017). Date of treatment March 30, 2019.
- ↑ New Penal Code takes effect . web.archive.org (October 24, 2014). Date of treatment March 30, 2019.
- ↑ Over 80 Nations Support Statement at Human Rights Council on LGBT Rights (neopr.) ? . US Mission to International Organizations in Geneva (March 22, 2011). Date of treatment March 30, 2019.
- ↑ Tuesday, 11 October 2011, 1:34 pm Opinion: OHCHR. Decriminalizing homosexuality step to genuine legal equality | Scoop News . www.scoop.co.nz. Date of treatment March 30, 2019.
- ↑ Palau . freedomhouse.org (January 9, 2013). Date of treatment March 30, 2019.
- ↑ admin76crimes. Two tiny nations drop anti-gay laws: Palau and Sao Tome (English ) ? . Erasing 76 Crimes (October 16, 2014). Date of treatment March 30, 2019.
- ↑ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults unopened (link unavailable) . Date of treatment March 30, 2019. Archived July 19, 2013.
- ↑ C2D - Center for research on direct democracy . web.archive.org (April 15, 2015). Date of treatment March 30, 2019.
- ↑ Local laws and customs - Palau travel advice . GOV.UK. Date of treatment March 30, 2019.
- ↑ 1 2 Joleen Ngoriakl. Let #LoveWin Palau . Medium (June 27, 2015). Date of treatment March 30, 2019.
- ↑ Palauan-English M . www.trussel2.com. Date of treatment March 30, 2019.