LGBTQ rights in Sint Eustatius | |
|---|---|
 | |
| Legal status | Legal |
| Military | LGBTQ people allowed to serve openly |
| Discrimination protections | Discrimination based on "heterosexual and homosexual orientation" prohibited |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2012 |
| Adoption | Full adoption rights since 2012 |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights inSint Eustatius are quiteprogressive byCaribbean standards. Sint Eustatius forms part of theCaribbean Netherlands and is aspecial municipality of theNetherlands. Both male and female same-sex sexual activity are legal in Sint Eustatius, withsame-sex marriage, registered partnership, and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.
Same-sex sexual activity is legal in Sint Eustatius.[1]
Same-sex marriage in Sint Eustatius became legal following the entry into force of a law enabling same-sex couples to marry there on 10 October 2012.[2][3]
The issue of same-sex marriage caused considerable controversy in Sint Eustatius. In 2010, the Island Council expressed unanimous opposition to the extension of same-sex marriage to Sint Eustatius.[4] The same-sex marriage law being passed by theDutch House of Representatives led to calls of "neo-colonialism".
The Criminal Code BES (Dutch:Wetboek van Strafrecht BES), which applies to Sint Eustatius and the islands ofBonaire andSaba, 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 theConstitution of the Netherlands applies to Sint Eustatius. The article reads "All persons in the Netherlands shall be treated equally in equalcircumstances. 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]
Due to Sint Eustatius' very small population, there is no gay scene on the island, nor any specific gay bars or venues.[9] A majority of St. Eustatians affiliate withChristian churches, withMethodism andRoman Catholicism being the two largest denominations. As such, societal perceptions of LGBTQ people tend to reflect Christian mores, and gay and lesbian locals "tend to keep a low profile".
| Same-sex sexual activity legal |  |
| Equalage of consent | |
| Anti-discrimination laws in employment | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas | |
| Same-sex marriages | (Since 2012) |
| Recognition of same-sex relationships | (Since 2012) |
| Stepchild adoption bysame-sex couples | (Since 2012) |
| Joint adoption bysame-sex couples | (Since 2012) |
| LGBTQ people allowed to serve in the military | (The Netherlands responsible for defence) |
| Right to change legal gender | [10] |
| Access toIVF for lesbian couples |  |
| Commercial surrogacy for gay male couples |  (Banned for heterosexual couples as well) |
| MSMs allowed to donate blood | |
