LGBTQ rights in Guinea
LGBTQ rights in Guinea | |
|---|---|
.svg) | |
| Status | Illegal since 1988 |
| Penalty | 6 months to 10 years imprisonment, and a fine; maximum penalty imposed if committed with a person under 21 or by force |
| Gender identity | No |
| Military | No |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Guinea face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal in Guinea, and discriminatory attitudes towards LGBTQ people are generally tolerated in the nation.[1]
Law regarding same-sex sexual activity
The Guinean Penal Code provides as follows.[2]
- Article 325.
Any indecent act or act against nature committed with an individual of the same sex will be punished by imprisonment of six months to three years and a fine of 100,000 to 1,000,000 Guinean francs. If the act was committed with a minor under 21 years of age, the maximum sentence must be pronounced. If the act was consummated or attempted with violence or attempted violence, the guilty person will be condemned to five to ten years of imprisonment.
- Article 326.
A public indecency is defined as any intentional act committed publicly and likely to offend the decency and the moral sentiments of those who are its inadvertent witnesses.
- Article 327.
Any person that has committed a public indecency will be punished by three months to two years of imprisonment and a fine of 50,000 to 450,000 Guinean francs or simply by one of these two punishments.
When an indecent act is committed by a group of individuals, the penalties described in the first paragraph of the current article will be doubled.
Recognition of same-sex unions
There is no recognition of same-sex unions.
Adoption and family planning
A couple married for a minimum of five years or an unmarried person who is at least 30 years of age is eligible to adopt a Guinean child if there is at least 15 years between the age of the child and the age of the adopting parent. Guinean law does not specifically make LGBTQ persons ineligible to adopt.[3]
Living conditions
The U.S. Department of State's 2011 Human Rights Report found that in 2011,[4]
There were deep social, religious, and cultural taboos against homosexual conduct. There were no official or NGO reports of discrimination against individuals based on their sexual orientation or gender identity. Nevertheless, during the 2010 opening of the Office of the High Commissioner for Human Rights in Conakry, the prime minister announced his belief that consensual same sex sexual activity is wrong and should be forbidden by law. He also said that sexual orientation should not be regarded as a basic human right. There were no active lesbian, gay, bisexual, or transgender organizations.
Summary table
| Same-sex sexual activity legal |  (Penalty: Up to 10 years imprisonment and fines from 100,000 to 1,000,000 Guinean francs)
|
| Equal age of consent |
|
| Anti-discrimination laws in employment only |
|
| Anti-discrimination laws in the provision of goods and services |
|
| Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) |
|
| Same-sex marriages |
|
| Recognition of same-sex couples |
|
| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Gays and lesbians allowed to serve openly in the military |
|
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
| MSMs allowed to donate blood |
|
See also
General:
References
- ^ "Guinea". Human Dignity Trust. 15 February 2019. Retrieved 15 January 2024.
- ^ "Asylum Documentation Program: Guinea, International Gay and Lesbian Human Rights Commission" (PDF). Archived from the original (PDF) on 26 December 2014.
- ^ "GUINEA | Intercountry Adoption". Archived from the original on 14 December 2012.
- ^ "2011 Country Reports on Human Rights Practices: Guinea, Bureau of Democracy, Human Rights and Labor, U.S. Department of State" (PDF).