LGBT rights in Madagascar
LGBT rights in Madagascar | |
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Status | Legal among persons at least 21 years old |
Gender identity | No |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No |
Adoption | No |
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LGBT rights |
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Lesbian ∙ Gay ∙ Bisexual ∙ Transgender |
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Lesbian, gay, bisexual, and transgender (LGBT) persons in Madagascar face legal challenges not experienced by non-LGBT residents.
Law regarding same-sex sexual activity[]
Same-sex sexual activity among persons at least 21 years of age is legal in Madagascar. The Penal Code provides for a prison sentence of two to five years and a fine of 2 to 10 million ariary (US$900 to US$4,500) for acts that are "indecent or against nature with an individual of the same sex under the age of 21".[1]
Recognition of same-sex unions[]
Madagascar does not recognise same-sex marriage or civil unions.[2]
Adoption and family planning[]
Only married, heterosexual couples may adopt children in Madagascar.[3]
Discrimination protections[]
The law in Madagascar does not outlaw discrimination with regard to sexual orientation or gender identity.
Life conditions[]
The U.S. Department of State's 2011 Human Rights Report found that "[t]here was general societal discrimination against the LGBT community" and that "[s]exual orientation and gender identity were not widely discussed in the country, with public attitudes ranging from tacit acceptance to violent rejection, particularly of transgender sex workers". The report also found that, "LGBT sex workers were frequently targets of aggression, including verbal abuse, stone throwing, and even murder. In recent years, awareness of 'gay pride' increased through positive media exposure, but general attitudes have not changed."[1]
In December 2019 a law is passed punishing gender-based violence.[4] Nevertheless, the sociologist and former president of the National Council of Women of Madagascar, Noro Ravaozanany notes that "Malagasy society is not ready to move on the rights of homosexuals. Gender equality is already a challenge in 2020, even in intellectual circles".
In 2020, a 33-year-old woman is arrested for statutory rape of a 19-year-old woman, after her mother filed a complaint. A law punishes with imprisonment "anyone who has committed an indecent or unnatural act with an individual of her sex, under the age of 21".[5] The mother wanted to take revenge for her daughter's decision to file a complaint against her father, who had raped her. A campaign to support the couple was organised on social networks, while Noro Ravaozanany declared that it was "scandalous that the mother did not defend her daughter against this incest. ... It is a revenge on the part of the mother and a way to cover up the accusation of incest and rape".[6] On social networks, the couple's supporters are victims of insults and death threats; religious leaders, accusing them of "promoting homosexuality", also offer conversion therapy for the young woman. Although homosexuality is not illegal in Madagascar, it remains as a sensitive issue which is strongly condemned by the malagasy society.
In early July 2021, the Malagasy government canceled an LGBT party held in a bar in Antananarivo, on the grounds of "incitement to debauchery".
Summary table[]
Same-sex sexual activity legal | ![]() |
Equal age of consent | ![]() |
Anti-discrimination laws in hate speech and violence | ![]() |
Anti-discrimination laws in employment | ![]() |
Anti-discrimination laws in the provision of goods and services | ![]() |
Same-sex marriage | ![]() |
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[]
References[]
- ^ a b "2011 Country Reports on Human Rights Practices: Madagascar, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, p. 26" (PDF).
- ^ "African kontris wey give go ahead to homosexuality". BBC News Pidgin. Retrieved 3 February 2021.
- ^ "Intercountry Adoption: Madagascar, Bureau of Consular Affairs, U.S. Department of State, January 2011". Archived from the original on 31 May 2014.
- ^ "How development policy financing can support COVID-19 response and preserve human capital". blogs.worldbank.org. Retrieved 3 February 2021.
- ^ "Overcrowding and the risk of unmitigated spread of COVID-19 in Madagascar's prisons". www.amnesty.org. Retrieved 4 February 2021.
- ^ drbyos (13 March 2020). "Imprisonment of a lesbian in Madagascar recalls the plight of sexual minorities". Newsy Today. Retrieved 4 February 2021.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 19 July 2013. Retrieved 17 October 2016.
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: CS1 maint: archived copy as title (link)
External links[]
- LGBT rights by country
- LGBT rights in Africa
- LGBT in Madagascar
- Malagasy law
- Human rights in Madagascar
- Politics of Madagascar