LGBT rights in Bonaire
Bonaire
StatusLegal
MilitaryLGBT people allowed to serve openly
Discrimination protectionsDiscrimination based on "heterosexual and homosexual orientation" prohibited
Family rights
Recognition of relationshipsSame-sex marriage since 2012
AdoptionSame-sex couples allowed to adopt

Lesbian, gay, bisexual, and transgender (LGBT) rights in Bonaire are very progressive by Caribbean standards. Bonaire forms part of the Caribbean Netherlands and is a special municipalitiy of the Netherlands. Both male and female same-sex sexual activity are legal in Bonaire, with same-sex marriage and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Bonaire.[1]

Recognition of same-sex marriage

Same-sex marriage in Bonaire became legal following the entry into force of a law enabling same-sex couples to marry there on 10 October 2012.[2][3]

The first same-sex marriage occurred on 18 May 2013 between an Aruban and a Venezuelan national.[4]

Discrimination protections

The Criminal Code BES (Dutch: Wetboek van Strafrecht BES), which applies to Bonaire and the islands of Saba and Sint Eustatius, criminalizes discrimination on the basis of "heterosexual and homosexual orientation". Article 144 provides for penalties varying from fines to two years' imprisonment.[5]

In addition, Article 1 of the Constitution of the Netherlands applies to Bonaire. The article reads "All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted."[6][7]

The Netherlands Institute for Human Rights (College voor de Rechten van de Mens) is a research institute which "protects, advances and monitors human rights". The Institute, established by law in 2010, works in the European Netherlands and also in the Caribbean Netherlands.[7][8]

Living conditions

Due to Bonaire's small population of less than 20,000, there is no gay scene on the island. There are no specific gay venues or bars, though many do advocate as being "gay-friendly" and welcoming. There is, however, one gay association, known as EQ Bonaire. The group aims to "promote social reforms thereby achieving social acceptance of homosexuality".[9]

Anti-gay discrimination is almost unheard of in Bonaire, but bullying and homophobia in schools is a big issue,[10] and some local LGBT people have claimed that societal rejection, particularly directed at locals, not tourists, does exist.[9]

Summary table

Same-sex sexual activity legal Yes
Equal age of consent Yes
Anti-discrimination laws in employment Yes
Anti-discrimination laws in the provision of goods and services Yes
Anti-discrimination laws in all other areas Yes
Same-sex marriages Yes (Since 2012)
Recognition of same-sex relationships Yes (Since 2012)
Stepchild adoption by same-sex couples Yes (Since 2012)
Joint adoption by same-sex couples Yes (Since 2012)
LGBT people allowed to serve in the military Yes (The Netherlands responsible for defence)
Right to change legal gender No
Access to IVF for lesbian couples
Commercial surrogacy for gay male couples No (Banned for heterosexual couples as well)
MSMs allowed to donate blood

See also

References

  1. ↑ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 October 2012 at the Wayback Machine
  2. ↑ "Burgerlijk wetboek BES, boek 1" (in Dutch). Government of the Netherlands. Archived from the original on 4 April 2016. Retrieved 12 October 2012.
  3. ↑ "Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba" (in Dutch). Government of the Netherlands. 1 September 2010. Archived from the original on 6 March 2016. Retrieved 4 April 2016.
  4. ↑ "Eerste homohuwelijk op Bonaire". Caribisch Netwerk (in Dutch). 19 May 2013.
  5. ↑ "Wetboek van Strafrecht BES". wetten.nl (in Dutch). 30 August 2010.
  6. ↑ "The Constitution of the Kingdom of the Netherlands 2008". Government of the Netherlands. 18 October 2012.
  7. 1 2 "Oprichting van het College voor de rechten van de mens (Wet College voor de rechten van de mens)". overheid.nl (in Dutch). 2010.
  8. ↑ "Mission and ambition". College voor de Rechten van de Mens.
  9. 1 2 "jGaykrant" (in Dutch). 4 March 2018.
  10. ↑ Richard Ammon (September 2012). "Gay Life in Netherlands Antilles (Bonaire)". Globalgayz.
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