Up to 14 years in prison (not enforced, legalisation proposed)
Gender identity
No
Military
Has no military
Discrimination protections
Protections in employment; sexual orientation only (see below)
Family rights
Recognition of relationships
No
Restrictions
Same-sex marriage constitutionally banned since 2023[1]
Adoption
No
Lesbian, gay, bisexual, and transgender (LGBT) people in Tuvalu face legal difficulties not experienced by non-LGBT residents. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced.[2][3] Employment discrimination on the basis of sexual orientation has been banned since 2017. Since 2023, the Constitution of Tuvalu has banned same-sex marriage.
Tuvalu is home to a traditional transgender population, called the pinapinaaine, or pina, who historically played certain societal and communal roles.[4][5]
In 2011, Tuvalu signed the "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 LGBT people.[6]
^Cite error: The named reference CofT23 was invoked but never defined (see the help page).
^"Tuvalu Penal Code" (PDF). Tuvalu Legislation.
^"Gay Tuvalu News & Reports". GlobalGayz. 11 October 2011.
^Cite error: The named reference AIDS16 was invoked but never defined (see the help page).
^"Pacific Multi-Country Mapping and Behavioural Study: HIV and STI Risk Vulnerability among Key Populations – Tuvalu". United Nations Development Programme (UNDP), the United Nations Children’s Fund (UNICEF) and the University of New South Wales (UNSW). 2016. Retrieved 4 December 2023.
^Donahoe, Eileen Chamberlain (22 March 2011). "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights". U.S. Mission to International Organizations in Geneva.
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