Lesbian, gay, bisexual, and transgender (LGBT) persons in Curaçao may face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

residents. Both male and female same-sex sexual activity are legal in Curaçao, but

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

is not legal. Same-sex couples with Dutch nationalityCitizens of Curaçao have Dutch nationality by '' jus sanguinis''. must travel to the

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to get married and legal protection of marriage is not unconditional. Discrimination on the basis of "heterosexual or homosexual orientation" is outlawed by the Curaçao Criminal Code.

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Curaçao.State-sponsored Homophobia A world survey of laws prohibiting same-sex activity between consenting adults
The age of consent is 16 and is equal for both heterosexual and homosexual intercourse.

Recognition of same-sex relationships

As part of the

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, Curaçao must recognize same-sex marriages registered in

the Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

as well as in Bonaire, Sint Eustatius and Saba (also known as the

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) as valid. Despite this, same-sex couples cannot legally marry on the island itself nor are

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

s or other forms of recognition available. In April 2015, representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom. In August 2015, in the case of ''

Oliari and Others v Italy ''Oliari and Others v. Italy'' (Application nos. 18766/11 and 36030/11) is a case decided in 2015 by the European Court of Human Rights (ECtHR) in which the Court established a positive obligation upon member states to provide legal recognition fo ...

'', the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

(ECHR) ruled that it is discriminatory to provide no legal recognition to same-sex couples. The ECHR has jurisprudence over Curaçao. In 2017, a proposal to grant same-sex couples some limited rights was introduced to the

Estates of Curaçao Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representati ...

. In September 2018, during the sixth edition of Curaçao Gay Pride, the local LGBT rights organizations FOKO Curaçao, Equality Curaçao and Curaçao Gay Pro handed over a bill to Vice President of Parliament Giselle McWilliam that would allow same-sex couples to marry in Curaçao. McWilliam applauded the action saying, "I think it's great. It shows that democracy is alive on Curaçao. That initiatives can come not only from the parliament or the government, but also from the people themselves. Everyone has the right to submit a bill, I am going to do everything to help this group, because they are also part of it." According to

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...

Eugene Rhuggenaath, who attended the parade, it is now time to debate the issue. He said, "Exclusion and discrimination against the LGBT community affects human rights." On 4 June 2019, the bill was submitted to the

, but later withdrawn in September 2020 from lack of support.

Discrimination protections

The Curaçao Criminal Code ( nl, Wetboek van Strafrecht; pap, Kódigo Penal), enacted in 2011, prohibits unfair discrimination and incitement to hatred and violence on various grounds, including "heterosexual or homosexual orientation". Article 1:221 describes discrimination as "any form of discrimination, exclusion, restriction or preference, which has the purpose or effect of impacting or affecting recognition, enjoyment or the exercise of human rights and fundamental liberties in political, economic, social or cultural fields or in other areas of social life." Articles 2:61 and 2:62 provide for penalties ranging from fines to one year imprisonment.

Living conditions

Curaçao has a large tourism industry. Several venues, hotels and restaurants openly cater to LGBT tourists. The island is frequently referred to as one of the Caribbean's most LGBT-friendly areas, and has the highest membership rate of businesses in the

International Gay and Lesbian Travel Association The International LGBTQ+ Travel Association (abbreviated IGLTA, and formerly named the International Gay and Lesbian Travel Association) is an association of tourism businesses that welcome the LGBTQ+ community. As of 2016, the association had membe ...

in the Caribbean. Curaçao possesses quite a large gay scene, with the first pride parade having occurred in 2012. There are several LGBT associations on the island, including Equality Curaçao (''Igualdat Kòrsou''), FOKO Curaçao (''Fundashon Orguyo Kòrsou'') and Curaçao Gay Pro. Despite this, local LGBT people have reported that discrimination and family rejections still exist. The Roman Catholic Church has a strong influence on the island, and has often opposed proposals and discussions aimed at improving LGBT rights. In September 2017, in a speech called "historical" by LGBT activists, Prime Minister Eugene Rhuggenaath called for more acceptance at the Gay Pride parade in

Willemstad Willemstad ( , ; ; en, William Town, italic=yes) is the capital city of Curaçao, an island in the southern Caribbean Sea that forms a constituent country of the Kingdom of the Netherlands. It was the capital of the Netherlands Antilles pr ...

Summary table

Notes

References

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