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LGBTQ rights in the Central African Republic

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LGBTQ rights in the Central African Republic
StatusLegal
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo
RestrictionsSame-sex marriage constitutionally banned since 2016
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Central African Republic face legal and social challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in the Central African Republic, but LGBTQ persons still face discrimination among the broader population.

The Central African Republic was one of the few African states that signed a "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBTQ people.

Laws regarding same-sex sexual activity

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Same-sex sexual activity is legal. However, according to the U.S. Department of State's 2012 human rights report,[1]

The penal code criminalizes "public expression of love" between persons of the same sex is imprisonment for six months to two years or a fine of between 150,000 and 600,000 CFA francs ($300 and $1,200). When one of the participants is a child, the adult may be sentenced to two to five years' imprisonment or a fine of 100,000 to 800,000 CFA francs ($200 and $1,600); however, there were no reports that police arrested or detained persons [in 2012] under these provisions.

Recognition of same sex relationships

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There is no legal recognition of same-sex couples.

Same-sex marriage is constitutionally banned as marriage is defined in Article 7 of the Constitution as "the union between one man and one woman ... Family and marriage are under the protection of the State."[2]

Adoption and family planning

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According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether single LGBTQ people are disqualified or not.[3]

Living conditions

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The U.S. Department of State's 2012 Human Rights Report found that,[1]

There were no reports of the government targeting gays and lesbians. However, societal discrimination against lesbian, gay, bisexual and transgender persons was entrenched, and many citizens attributed the existence of homosexuality to undue Western influence. There were no known organizations advocating or working on behalf of the lesbian, gay, bisexual, or transgender persons.

Summary table

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Same-sex sexual activity legal Yes (Always legal)
Equal age of consent Yes (Always equal)
Anti-discrimination laws in hate speech and violence No
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Same-sex marriage No (Same-sex marriage constitutionally banned since 2016)
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

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References

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  1. ^ a b "2012 Country Reports on Human Rights Practices: Central African Republic, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, pp. 34–35" (PDF).
  2. ^ ""Constitution of the Central African Republic", National Assembly of the CAR" (PDF). Archived from the original (PDF) on 16 January 2019. Retrieved 16 January 2019.
  3. ^ ""Fiches pays Adoption: Centrafrique", France Diplomatie, French Ministry of Foreign Affairs, Google translation".