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Recognition of same-sex unions in Rwanda

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Part of theLGBTQ rights series
Notes
  1. ^abPerformed in the Netherlands proper (including theCaribbean Netherlands), as well as inAruba and Curaçao. May be registered inSint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^Neither performed nor recognized inTokelau or the associated states of theCook Islands andNiue.
  3. ^Same-sex marriage is also legal in theCrown Dependencies ofGuernsey, theIsle of Man andJersey, and theBritish Overseas Territories ofAkrotiri and Dhekelia, theBritish Antarctic Territory, theBritish Indian Ocean Territory, theFalkland Islands,Gibraltar, thePitcairn Islands,Saint Helena, Ascension and Tristan da Cunha, andSouth Georgia and the South Sandwich Islands. Same-sex marriage is not performed in six British Overseas Territories:Anguilla,Bermuda, theBritish Virgin Islands, theCayman Islands,Montserrat, and theTurks and Caicos Islands.
  4. ^abNeither performed nor recognized insome tribal nations of the US. Recognized but not performed in several other tribal nations andAmerican Samoa.
  5. ^Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^abcdTheComan v. Romania ruling of theEuropean Court of Justice obliges the state to provide residency rights for the foreign spouses ofEU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^Indian courts have recognizedguru–shishya,nata pratha ormaitri karar–type contractual relationships, but they are not legally binding.
  11. ^Most Japanese cities and prefectures issuepartnership certificates, but they are not legally binding.
  12. ^Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^Romania provides hospital visitation rights through a "legal representative" status.
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Rwanda does not recognisesame-sex marriages orcivil unions. TheConstitution of Rwanda forbids same-sex marriage, having been modified in 2003 to state that "a civil monogamous marriage between a man and a woman is the only recognised marital union."[1]

Legal history

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Background

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Same-sex sexual relations are legal in Rwanda. Nevertheless, gays and lesbians continue to experience societal and legaldiscrimination, and social rejection remains a "daily reality for many". Some LGBT people have reported being harassed and blackmailed.[2][3] In February 2017, a Rwandan TV journalist proposed to her same-sex partner, and they publicly prepared for a wedding abroad. Their engagement "sparked anger" in the media and civil society.[4]

In 2022, John Mudakikwa, executive director of the Centre for Rule of Law Rwanda (CERULAR), said, "This community may need special rules, I mean, special laws. We may need laws on marriage, same sex marriage. We may need laws regulating or punishing anti-discrimination of all forms. Discrimination including LGBT people. We need the laws and policies to recognise LGBT persons as a distinct group of people."[5]

Restrictions

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Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty

TheLaw governing persons and family (Kinyarwanda:Itegeko rigenga abantu n'umuryango;French:Loi régissant les personnes et la famille;Swahili:Sheria inayosimamia watu na familia) does not expressly forbidsame-sex marriages and does not contain a definition ofmarriage. Article 166 states that "civil monogamous marriage contracted upon mutual consent before the public administration is the only marriage recognised by law."[6] The law does not explicitly define marriage in gender-specific terms. Nevertheless, same-sex couples cannot marry in Rwanda and do not have access to the legal rights, benefits and obligations of marriage, including protection fromdomestic violence,adoption rights,tax benefits andinheritance rights, among others.Civil unions, which would offer some of the rights and benefits of marriage, are likewise not recognised in Rwanda.

Article 17 of theConstitution of Rwanda explicitly bans same-sex marriage:[7]

A civil monogamous marriage between a man and a woman is the only recognised marital union.[a]

This constitutional ban was enacted with the adoption of a new constitution in May 2003 in areferendum. Article 18 of the Constitution further states that "the family, being the natural foundation of the Rwandan society, is protected by the State. [...] The State puts in place appropriate legislation and organs for the protection of the family, particularly the child and mother, in order to ensure that the family flourishes." Article 17 also guarantees "the right to marry and found a family", and that "spouses are entitled to equal rights and obligations at the time of marriage, during the marriage and at the time of divorce."[1]

Historical and customary recognition

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In theKingdom of Rwanda, male homosexual relations were common among youngHutus andTutsis. In 1986, a 19-year-old Tutsi man was recorded as saying that "traditionally, in his tribe, there was an extended period during which boys lived apart from the rest of the village while they are training to be warriors, during which very emotional, and often sexual, relationships were struck up... Sometimes these relationships lasted beyond adolescence into adulthood. Watusi still have a reputation for bisexuality in the cities of East Africa." Young men served in the royal courts and provided sexual services for visitors and elites. In addition, there were traditions of "cross-dressing priests", known asikihindu, who "carr[ied] out feminine roles and donn[ed] women's regalia" and would play the role ofshamans and healers.[8][9] All these practices gradually disappeared as Rwanda became moremodernized and exposed to Western culture andhomophobia in the 20th century.

Religious performance

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TheCatholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including theblessing of same-sex couples.[10] TheEpiscopal Conference of Rwanda issued a statement on 21 December 2023 that the declaration "does not change the teaching of the Church regarding the blessing of the sacrament of Holy Matrimony." It concluded that "the teachings of the Church on Christian marriage have not changed. For this reason, the Church cannot bless same-sex relationships because it would contradict God's law and our culture."[11][12][13]

See also

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Notes

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  1. ^In the officiallanguages of Rwanda:
    • Kinyarwanda:Ugushyingiranwa k'umugabo umwe n'umugore umwe gukorewe mu butegetsi bwa Leta ni ko kwemewe.
    • French:Le mariage civil monogamique entre un homme et une femme est la seule union conjugale reconnue.
    • Swahili:Ndoa ya kiserikali ya mume mmoja na mke mmoja ndiyo muungano pekee wa ndoa unaotambuliwa kisheria.

References

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  1. ^ab"Rwanda 2003 (rev. 2015) Constitution".www.constituteproject.org. Retrieved30 April 2025.
  2. ^"Gay Rwanda 2005". Archived fromthe original on 9 June 2009.
  3. ^Kageha Igonya, Emmy (16 May 2022)."Rwanda: LGBT rights are protected on paper, but discrimination and homophobia persist".The Conversation.
  4. ^Elrasam, Hamada (27 April 2017)."Rwandan LGBT Community Steps Out of Shadows".VOA News.
  5. ^"Rwanda's LGBTQ+ community still faces discrimination".africanews. 13 August 2022.
  6. ^"Law governing persons and family".www.refworld.org. Retrieved30 April 2025.
  7. ^"Constitution of the Republic of Rwanda".www.minecofin.gov.rw. Retrieved30 April 2025.
  8. ^Murray, Stephen O.; Roscoe, Will (2021).Boy-Wives and Female Husbands(PDF). SUNY Press.
  9. ^Okwenna, Chrysogonus (2021). "Homosexuality in Traditional Africa".Obademi Awolowo University Press.
  10. ^Flynn, JD (2023-12-22)."Is the 'false narrative' narrative a false narrative?".The Pillar.Archived from the original on 23 December 2023. Retrieved2023-12-23.
  11. ^"10 Episcopal Conferences In Africa Respond To Fiducia Supplicans".CCR Nigeria. 23 December 2023.
  12. ^Coppen, Luke (19 December 2023)."'Fiducia supplicans': Who's saying what?".The Pillar.
  13. ^"In Nigeria and Much of Africa, Catholic Same-Sex Couples See No Blessings Soon".U.S. News. 29 December 2023.
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