LGBTQ rights in Montserrat

Before 2001, anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences. Lesbian activity has never been illegal in Montserrat. Sexual acts between two consenting adults in private were expressly decriminalised by an Order in Council in Montserrat (and other British Overseas Territories) by the British Government pursuant to Sections 3(1) and 3(7) of the Caribbean Territories (Criminal Law) Order, 2000.{{Cite web|url=http://www.glapn.org/sodomylaws/world/united_kingdom/uknews35.htm |title=Britain Scraps Homosexuality Laws |publisher=Glapn.org |access-date=19 January 2011}} According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex and sex in public remain criminal offences and may also lead to charges under gross indecency and other minor sexual offence laws.{{Cite web |url=http://www.islandsun.com/archives/2000-December/211200/local3-v4i35.html |title=Local News – British Virgin Islands |publisher=Island Sun |access-date=19 January 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110713064306/http://www.islandsun.com/archives/2000-December/211200/local3-v4i35.html |archive-date=13 July 2011 }}

The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).{{cite web |title=Penal Code |url=http://agc.gov.ms/wp-content/uploads/Penal-Code.pdf |website=agc.gov.ms |access-date=11 April 2021}}

As a British Overseas Territory, Montserrat is required to comply with its obligations under international human rights instruments. Specifically, this includes an adherence to the European Convention on Human Rights, which highlights a responsibility to ensure non-discrimination and equality.{{Cite web |url=http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/north-central-america/british-virgin-islands/?profile=all |title=Country Profile: British Virgin Islands (British Overseas Territory) |publisher=Fco.gov.uk |access-date=19 January 2011 |archive-url=https://web.archive.org/web/20110413120721/http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/north-central-america/british-virgin-islands/?profile=all |archive-date=13 April 2011 |url-status=dead }}

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{{main|Recognition of same-sex unions in the British Overseas Territories}}

Same-sex marriage and civil unions are not legal in Montserrat. Only opposite-sex marriage is constitutionally protected as Article 10 (1) of the Constitution reads:{{Cite web|url=http://constitution.gov.ms/?page_id=75|title=Constitution of Montserrat Part I: Fundamental Rights & Freedoms|publisher=Government of Montserrat|access-date=15 July 2014|archive-date=14 October 2016|archive-url=https://web.archive.org/web/20161014141350/http://constitution.gov.ms/?page_id=75|url-status=dead}}

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Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.

Article 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on sexual orientation:{{Cite web|url=http://www.gov.ms/wp-content/uploads/2012/06/Labour-Code-2012.pdf|title=LABOUR CODE 2012|publisher=Government of Montserrat|access-date=15 July 2014|archive-date=10 January 2017|archive-url=https://web.archive.org/web/20170110080246/http://www.gov.ms/wp-content/uploads/2012/06/Labour-Code-2012.pdf|url-status=dead}}

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The expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

The gay scene is very limited. There are no gay bars, nightclubs or venues in Montserrat,{{Cite web|url=https://www.globalgayz.com/gay-life-in-montserrat/|title=Gay Life in Montserrat - GlobalGayz|website=www.globalgayz.com}} though several hotels welcome gay tourists and have non-discrimination policies.

While Montserrat society tends to be tolerant of same-sex relationships, open displays of affection between same-sex partners may offend.{{Cite web|url=https://www.gov.uk/foreign-travel-advice/montserrat/local-laws-and-customs|title=Local laws and customs - Montserrat travel advice|website=GOV.UK}}

{{Portal|LGBTQ}}

• Politics of Montserrat
• British overseas territories
• LGBTQ rights in the Commonwealth of Nations
• LGBTQ rights in the Americas
• LGBTQ rights by country or territory
• Recognition of same-sex unions in the British Overseas Territories

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{{LGBT unions and rights in the territories of the United Kingdom}}

Montserrat

Montserrat

Category:Politics of Montserrat

Category:Law of Montserrat