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LGBTQ rights in Suriname

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LGBTQ rights in Suriname
Legal statusLegal since 1869[1]
Gender identityGender change is allowed. Court order required.
MilitaryYes
Discrimination protectionsYes, sexual orientation protections. Gender identity protection only in employment. (see below)
Family rights
Recognition of relationshipsRecognition of same-sex couples
AdoptionNo
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Lesbian,gay,bisexual,transgender andqueer (LGBTQ) people inSuriname may face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are legal inSuriname. Since 2015,hate speech and discrimination in employment and the provision of goods and services on the basis ofsexual orientation has been banned in the country.Gender identity is protected for the first time under Employment Equal Treatment Act 2022.

Same-sex marriage andcivil unions are not recognised by law. Nevertheless, Suriname is legally bound to the January 2018Inter-American Court of Human Rights ruling, which held that same-sex marriage is a human right protected by theAmerican Convention on Human Rights.[2]

Whilehomosexuality tends to be viewed as ataboo topic, the situation and attitudes have slowly changed in recent years.[3]

Legality of same-sex sexual activity

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Same-sex sexual activity has been legal in Suriname since 1869.[4] The age of consent in Suriname is 16 regardless of sexual orientation. Article 302 of the 1910 Penal Code, which stipulated that the age of consent for same-sex sexual acts was 18, was amended in 2015.[5][6][7]

Recognition of same-sex relationships

[edit]
Main article:Recognition of same-sex unions in Suriname
Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

Same-sex marriages,civil unions ordomestic partnerships are possible in Suriname.

In February 2023, the Constitutional Court ruled the ban on same-sex marriage does not violate the constitution or Suriname's obligations under the Interamerican Convention on Human Rights. However, the court also found that the Civil Code is outdated and needs to be modernized following public debate.[8]

On February 13th 2025, this was overruled. The judge ruled that the laws used to disallow same sex marriage are in conflict with the International Covenant on Civil and Political Rights and Interamerican Convention on Human Rights. The judge also ruled that the state should change the relevant laws and that the Bureau of Civil Affairs is required to required to register the marriages. This may still be overruled, however.[9][10]

Discrimination protections

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In March 2015, the Government introduced hate speech legislation which includes sexual orientation as a ground for non-discrimination complaints. Specifically, articles 175, 175a and 176 of the Surinamese Penal Code were updated to include sexual orientation.[11][12] Violation of this law can result in a prison sentence of up to one year or a fine. In addition, articles 176c and 500a forbid discrimination based on sexual orientation in employment and the provision of goods and services.[5]

In 2022, Parliament passed the Employment Equal Treatment Act, which bans workplace discrimination based on race, ethnicity, religion,gender identity and sexual orientation, among others.[13]

Despite the protective legislation, the LGBTQ community continues to face discrimination from society. In 2014, the Government explicitly excluded LGBTQ people from social security legislation. According to theUnited States Department of State, some members of Parliament and the then-Vice President spoke out openly against LGBTQ persons, comparing homosexuality to a "disease" and inciting hatred and violence. Additionally, in 2015, there were reports of societal discrimination against the LGBTQ community in the areas of employment and housing.[14]

Gender identity and expression

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In January 2017, theEerste Kantongerecht (one of 3 Courts of First Instance in Suriname) granted a transgender woman the right to have her gender formally changed with the Central Bureau of Civil Affairs and ordered the registry to officially change her registration to reflect her amended status.[15] The Association of Pentecostal Churches in Suriname (VVPES) and the Suriname Islamic Association (SIV), which had protested against and opposed the right to recognize a gender change, indicated they would "accept the verdict".[16][17] In February 2017, the Central Bureau of Civil Affairs formally appealed the court ruling.[18] In January 2022, the Suriname Court of Appeal ruled in favor and ordered the gender change on the birth certificate of the transgender woman who had undergonesex reassignment surgery in 2009.[19][20]

Activism

[edit]

Suriname's first public gay rights march took place on 11 October 2011 (National Coming Out Day,Nationale kom-uit-de-kastdag inDutch) inParamaribo, following MPRonny Asabina's comments against homosexuality in June. Two members of theNational Assembly, includingHarish Monorath, attended the event.[21] It was partly organized bySuriname Men United, the largest gay men's organization in the country.

Other LGBT groups include PAREA and the LGBTQ Platform Suriname. Both are active in raising awareness of LGBTQ people, organising seminars with the police force on recognizing anti-LGBTQ violence, and pressing for the legal recognition of same-sex couples.[3][22]

In late 2016, Justice MinisterJennifer van Dijk-Silos organized several public hearings in collaboration with civil society in Suriname to discuss the expansion of the rights of LGBTQ people.[11]

Public opinion

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A 2010 opinion poll carried out byVanderbilt University showed that 10.3% of the Surinamese population supported same-sex marriage.[23]

In May 2015,PlanetRomeo, an LGBTQ social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Suriname was ranked 46th with a GHI score of 48.[24]

Summary table

[edit]
Same-sex sexual activity legalYes (Since 1869)
Equal age of consentYes (Since 2015)
Anti-discrimination laws in employment onlyYes (Since 2015)
Anti-discrimination laws in the provision of goods and servicesYes (Since 2015)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)Yes (Since 2015)
Same-sex marriagesNo
Recognition of same-sex couplesNo
Stepchild adoption by same-sex couplesNo
Joint adoption by same-sex couplesNo
LGBTQ people allowed to serve openly in the militaryYes(There are no bans or restrictions on LGBTIQ+ people serving in the military of Suriname)
Right to change legal genderYes (Since 2022)
Access to IVF for lesbiansNo
Commercial surrogacy for gay male couplesNo (Commercial surrogacy is illegal for all couples regardless of sexual orientation)
MSMs allowed to donate bloodYes

See also

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References

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  1. ^"State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults"(PDF). 2020. Archived fromthe original(PDF) on 24 December 2023.
  2. ^"Inter-American Court endorses same-sex marriage".Agence France-Presse.Yahoo7. 9 January 2018. Archived fromthe original on 9 January 2018. Retrieved9 January 2018.
  3. ^abGay Life in Suriname
  4. ^"The Criminalization of Homosexuality in Colonial History, by Dr Joseph O'Mahoney | Gender History Research Cluster".blogs.reading.ac.uk. Archived fromthe original on 3 June 2023. Retrieved8 May 2024.
  5. ^ab"Wetboek van Strafrecht"(PDF).www.dna.sr. 2015. Retrieved10 December 2018.
  6. ^"Age of Consent by Country 2024".worldpopulationreview.com. Retrieved5 March 2025.
  7. ^"UPR Summary of recommendations for Suriname"(PDF). Retrieved5 March 2025.
  8. ^"LGBTQIA-gemeenschap krijgt bittere pil te slikken" [LGBTQIA community has a bitter pill to swallow].de Ware Tijd (in Dutch). 1 February 2023. Archived fromthe original on 3 February 2023. Retrieved8 February 2023.
  9. ^https://web-archive-org.translate.goog/web/20250215232026/https://rechtspraak.sr/sru-k1-2025-2/?_x_tr_sl=nl&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp
  10. ^https://web-archive-org.translate.goog/web/20250215204415/https://dwtonline.com/rechterlijk-vonnis-staat-moet-homohuwelijk-accepteren/?_x_tr_sl=nl&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp
  11. ^abSuriname Should Do the Right Thing on LGBT Rights at the UN
  12. ^Human Rights Situation for LGBTI Persons and Sexual Rights in the Republic of Suriname
  13. ^"Experts of the Human Rights Committee Commend Suriname for its Commitment to Judicial Independence, Ask about the National Human Rights Institute and the Rights of Tribal and Indigenous Peoples | The United Nations Office at Geneva".www.ungeneva.org. 11 July 2024. Retrieved29 October 2024.
  14. ^SURINAME 2015 HUMAN RIGHTS REPORT
  15. ^"Case SRU-K1-2017-2".rechtspraak.sr. 11 January 2017.
  16. ^"Transgender wins case for sex change recognition".The Daily Herald. Philipsburg, Sint Maarten. 12 January 2017. Archived fromthe original on 13 January 2017. Retrieved12 January 2017.
  17. ^Leeuwin, Wilfred (11 January 2017)."Yvanna Hilton mag als vrouw door het leven" (in Dutch). Paramaribo, Suriname:De Ware Tijd. Archived fromthe original on 12 January 2017. Retrieved12 January 2017.
  18. ^"Suriname appeals transgender verdict".www.thedailyherald.sx. Archived fromthe original on 1 November 2017. Retrieved16 February 2017.
  19. ^"Grote stap in erkennen mensenrechten transgenders | Suriname Nieuws Centrale".surinamenieuwscentrale.com (in Dutch). Archived fromthe original on 2 December 2022. Retrieved2 December 2022.
  20. ^"Suriname Outright International".outrightinternational.org. Retrieved2 December 2022.
  21. ^"Suriname holds first gay rights march".News24. Reuters. 12 October 2011.
  22. ^Suriname Debates Equal Rights
  23. ^Support for Same‐Sex Marriage in Latin America
  24. ^The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men Planet Romeo
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