LGBT rights in Saba

Lesbian, gay, bisexual, and transgender (LGBT) rights in Saba are very progressive by Caribbean standards. Saba forms part of the Caribbean Netherlands and is a special municipality of the Netherlands. Both male and female same-sex sexual activity are legal in Saba, with same-sex marriage and adoption being legal since 2012. In addition, discrimination on the basis of "heterosexual and homosexual orientation" is outlawed.

LGBT rights in Saba
Saba
StatusLegal
MilitaryLGBT people allowed to adopt
Discrimination protectionsDiscrimination based on "heterosexual and homosexual orientation" prohibited
Family rights
Recognition of relationshipsSame-sex marriage since 2012
AdoptionSame-sex couples allowed to adopt

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Saba.[1]

Recognition of same-sex relationships
Main article: Same-sex marriage in Bonaire, Sint Eustatius and Saba

Same-sex marriage in Saba became legal following the entry into force of a law enabling same-sex couples to marry on 10 October 2012.[2][3]

The first same-sex marriage occurred on 4 December 2012 between Xiomar Gonzales Cedeno Ruis and Israel Ruis Gonzales from Aruba and Venezuela, respectively. A second couple from Curaçao married later that month.[4]

Discrimination protections

The Criminal Code BES (Dutch: Wetboek van Strafrecht BES), which applies to Saba and the islands of Bonaire and Sint Eustatius, criminalizes discrimination on the basis of "heterosexual and homosexual orientation". Article 144 provides for penalties varying from fines to two years' imprisonment.[5]

In addition, Article 1 of the Constitution of the Netherlands applies to Saba. The article reads "All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted."[6][7]

The Netherlands Institute for Human Rights (College voor de Rechten van de Mens) is a research institute which "protects, advances and monitors human rights". The institute, established by law in 2010, works in the European Netherlands and also in the Caribbean Netherlands.[7][8]

Living conditions

Due to Saba's very small population, there are no gay venues or bars. Nevertheless, many businesses, hotels and restaurants on the island advertise as being "gay-friendly".[9]

Saba is often described as "the gayest island in all the Caribbean". The island is known for its "live and let live" mentality, where discrimination against LGBT people is almost completely unheard of. In 2012, a same-sex couple living in Saba said that the island is perfect "for gay travellers who are not looking for a party atmosphere." There are several gay officials in Saba, including Carl Buncamper, a member of the Saba Island Council,[10] and Glenn Holm, retired director of the Saba Tourism Bureau.[4]

Summary table
Same-sex sexual activity legal Yes
Equal age of consent Yes
Anti-discrimination laws in employment Yes
Anti-discrimination laws in the provision of goods and services Yes
Anti-discrimination laws in all other areas Yes
Same-sex marriages Yes (Since 2012)
Recognition of same-sex relationships Yes (Since 2012)
Stepchild adoption by same-sex couples Yes (Since 2012)
Joint adoption by same-sex couples Yes (Since 2012)
LGBT people allowed to serve in the military Yes (The Netherlands responsible for defence)
Right to change legal gender No
Access to IVF for lesbian couples
Commercial surrogacy for gay male couples No (Banned for heterosexual couples as well)
MSMs allowed to donate blood

See also

References
  1. State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 October 2012 at the Wayback Machine
  2. "Burgerlijk wetboek BES, boek 1" (in Dutch). Government of the Netherlands. Archived from the original on 4 April 2016. Retrieved 12 October 2012.
  3. "Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba" (in Dutch). Government of the Netherlands. 1 September 2010. Archived from the original on 6 March 2016. Retrieved 4 April 2016.
  4. Michael K. Lavers (19 December 2012). "Saba becomes first Caribbean island to legalize same-sex marriage". The Washington Blade.
  5. "Wetboek van Strafrecht BES". wetten.nl (in Dutch). 30 August 2010.
  6. "The Constitution of the Kingdom of the Netherlands 2008". Government of the Netherlands. 18 October 2012.
  7. "Oprichting van het College voor de rechten van de mens (Wet College voor de rechten van de mens)". overheid.nl (in Dutch). 2010.
  8. "Mission and ambition". College voor de Rechten van de Mens.
  9. Richard Ammon (September 2012). "Gay Life in Saba". Globalgayz.
  10. "Popularity of Caribbean island soars after gay wedding". Jamaica Observer. 14 December 2012.
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