LGBTQ rights in Gibraltar
LGBTQ rights in Gibraltar | |
|---|---|
 Location of Gibraltar (dark green) – in Europe (light green & dark grey) | |
| Status | Legal since 1993, age of consent equalized since 2011 |
| Gender identity | Transsexual persons not allowed to change legal gender |
| Military | Gays and lesbians allowed to serve openly |
| Family rights | |
| Recognition of relationships | No recognition of same-sex couples |
| Adoption | Not legal |
In Gibraltar, the age of consent is 16 for heterosexuals and lesbians, while the age of consent for gay males was maintained at 18, while anal sex among heterosexuals was illegal under statute, until April 2011 when under Supreme Court order the law was found to be unconstitutional and so the age of consent was set at 16 for all sexual activity regardless of sexuality and/or gender. Gay male sexual conduct was decriminalised (but not heterosexual anal sex) in 1993, where the above conditions were defined.[1]
The 2006 Constitution does not mention sexual orientation. The proposals, made public early March 2002, specifically omitted direct reference to "sexual orientation" as a category to be constitutionally protected. Other categories are clearly included.[2]
Political campaigning prior to the 2007 Election was prominent with equality rights organisation Gib Gay Rights (GGR),[3] headed by human rights campaigner Felix Alvarez openly challenging the incumbent Chief Minister, Peter Caruana for more rights in Gibraltar for gay and lesbian people, and others who are discriminated against.[4]
There is presently an inequality between English law and that of the British overseas territories, particularly in relation to Gibraltar, which joined the European Union under the British accession[disambiguation needed] and is bound by EU requirements.[5][6][7][8]
Campaigning on the issue of an equal age of consent of 16 has been strongly undertaken.[6][9][10]
The issues were raised at the Foreign Affairs Committee enquiry into the overseas territories in 2008, where they concluded:
- We recommend that the Government should take steps to ensure that discrimination on the basis of sexual orientation or gender status is made illegal in all overseas territories.[11]
On 18 May 2009, the Gibraltar Parliament approved by Government majority leave for a Private member's bill, proposed by the Minister for Justice, to equalise the age of consent. This was opposed by the GSLP/Liberal opposition for technical reasons due to the way the Bill was written. The Government gave its Members of Parliament a free vote on the Bill. It was defeated, as the Government members were split on its approval, and the opposition members all voted against it.
The influential Gibraltar Women's Association (GWA) has called for the age consent to be levelled at 18.[12]
On 1 October 2009, new proposed legislation would enable the Government of Gibraltar to ask the Supreme Court to test whether existing or draft laws are compatible with the Constitution. This would provide a simplified, purpose-built mechanism to deal with contentious issues such as the age of consent.[13]
In March 2010, the Government of Gibraltar was seeking an opinion from Court of the age of consent legal issue to see if the law is discrimination under the principles of the European Council.[14][15]
On 1 April 2010, Secretary of State for Foreign and Commonwealth Affairs David Miliband pointed out that if a British overseas territory is unwilling to meet 'international obligations' such as equalising the age of consent it may be imposed by an Order in Council.[16][17][18][19]
On 8 April 2011, the Supreme Court of Gibraltar ruled that a higher age of consent of 18 for all gay sex was deemed unconstitutional, and thus mandated an equal age of consent of 16. Also at the same time decriminalised heterosexual anal sex and set the age of consent at 16 for that as well.[20]
In August 2011, the new gender-neutral Crimes Act 2011 was approved, which sets an equal age of consent of 16 regardless of sexual orientation, and reflects the decision of the Supreme Court in statute.[21]
Summary table
| Homosexuality legal |  (since 1993)
|
| Equal age of consent | (since 2011)
|
| Anti-discrimination laws in employment only | (since 2005)
|
| Anti-discrimination laws in the provision of goods and services | 
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) |
|
| Recognition of same-sex couples |
|
| Adoption by same-sex couples |
|
| Gays allowed to serve in the military | (under UK military since 2000)
|
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| MSMs allowed to donate blood |
|
See also
References
- ^ [1] Retrieved on 23 August 2007.
- ^ [2] Retrieved on 23 August 2007.
- ^ http://equalityrightsggr.blogspot.com/
- ^ [3] Retrieved on 23 August 2007.
- ^ http://www.ukgaynews.org.uk/Archive/07/Oct/1603.htm
- ^ a b http://www.vox.gi/Politics/Elections-2007/GGR_Makes_Submission_to_UK_Parliament-09102007.html
- ^ http://www.pinknews.co.uk/news/articles/2005-5633.html
- ^ http://www.gibfocus.gi/details_todaysnews.php?id=2826
- ^ http://www.ukgaynews.org.uk/Archive/07/Oct/1602.htm
- ^ http://www.vox.gi/Local/GGR_Welcomes_British_PM_Intervention_Age_Consent16102007.html
- ^ "2008 Overseas Territories Review".
- ^ "Gibraltar Women's Association view".
- ^ New Legislation
- ^ Pinknews.com - Gibraltar court to rule on gay age of consent
- ^ Gibraltar Chronicle - Courts set to decide on gay consent age
- ^ http://www.pinknews.co.uk/2010/03/31/britain-could-force-gibraltar-to-adopt-equal-age-of-consent/
- ^ http://www.chronicle.gi/headlines_details.php?id=18657
- ^ http://www.chronicle.gi/headlines_details.php?id=18662
- ^ http://www.ukgaynews.org.uk/Archive/10/Mar/3102.htm
- ^ JUDGE RULES: AGE OF CONSENT IS 16 FOR ALL
- ^ [4]
External links
- http://www.equalityrightsggr.blogspot.com/
- Age of Consent: Gib Govt could provoke international stand-off (17 May 2009)
- GGR takes Discrimination Violations to Council of Europe Ministers (11 January 2008)
- Gibraltar gays take age of consent fight to Europe (10 January 2008)
- Council of Europe Publishes Gibraltar Gay Discrimination Issue (9 January 2008)
- GWA states it can fight its own battles after Council of Europe officially tables Gib discrimination issue (8 January 2008)
- GGR takes Discrimination Violations to Council of Europe Ministers (8 January 2008)
- Govt has ‘no right to spy in bedrooms’ (16 November 2007)
- PM pledges action on Gibraltar age of consent (17 October 2007)
- "Interventions work best when confrunting issues head-on" (16 October 2007)
- Gay Rights Group Welcomes Intervention of British Prime Minister (16 October 2007)
- Gay Age of Consent Equality: ‘We Have Given Gibraltarian Government Long Enough’ (8 October 2007)
- Tatchell slams Gibraltar over gay rights (3 October 2007)
- Gibraltar gay rights record criticised (29 January 2007).
- Govt has ‘no right to spy in bedrooms’ (16 November 2007)
- Cashman Confirms Brown to Look Into Age of Consent Issue (22 October 2007)
- GGR: “No 6 is in Denial” (22 October 2007)
- PM pledges action on Gibraltar age of consent (17 October 2007)
- "Interventions work best when confrunting issues head-on" (16 October 2007)
- GGR Welcomes British PM’s Intervention on Age of Consent (16 October 2007)
- Gay Rights Group Welcomes Intervention of British Prime Minister (16 October 2007)
- MEP Cashman to Raise Gib Equality Issue Personally with PM Gordon Brown (9 October 2007)
- GGR Makes Submission to UK Parliament (9 October 2007 )
- Gay Age of Consent Equality: ‘We Have Given Gibraltarian Government Long Enough’ (October 2007)
- Tatchell slams Gibraltar over gay rights (3 October 2007)
- Gibraltar gay rights record criticised (29 January 2007).
- Equality Rights GGR press releases 2004 - Current
