LGBTQ rights in the Caribbean
From Wikipedia, the free encyclopedia
LGBTQ rights differ between the various states in the Caribbean. They are influenced by previous colonization from Europe as well as each state's own interpretation of laws. For many of the states, perceptions of LGBTQ individuals are unfavorable, and laws lack protections and rights for the community.
History
The Caribbean has been heavily colonized throughout history by European countries, with Spain, England, France and the Netherlands as the main colonizers, and the United States later on.[1] With them came religion, particularly forms of Christianity such as Catholicism and Protestantism that would become integrated with many of the countries.[2] This also came with it religious views that would encourage discrimination against LGBT members[3] as well as direct legislation from the European countries. Most notable is Britain's Offences Against the Person Act 1861, which outlined many crimes and named sodomy as one of them.[4] While some of these laws would be repealed over time, some Caribbean countries maintain their own legislation that continues to outlaw sexual acts among LGBT. A notable example is Jamaica, that has laws prohibiting anal sex as well as intimacy between same-sex individuals.[5]
In 2000, the UK Government intervened on LGBT+ rights, issuing the Caribbean Territories (Criminal Law) Order 2000, which decriminalized consensual homosexual acts between adults in private in five British Overseas Territories: Anguilla, the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and Caicos Islands.[6]
Laws
| Country | Laws regarding same-sex behavior | Laws regarding being transgender or non-binary |
|---|---|---|
| Anguilla | Transgender rights and protections are not recognized. | |
| Antigua and Barbuda | Transgender rights and protections are not recognized. | |
| Aruba | Transgender rights and protections are not recognized. | |
| Bahamas | Transgender rights and protections are not recognized. | |
| Barbados | Legal gender changes not allowed; no protective laws; third genders not recognized. [17] | |
| Bonaire | Gender changes on legal documents are allowed[18] and gender-neutral documentation is available.[19] | |
| British Virgin Islands | Transgender rights and protections are not recognized. | |
| Cayman Islands | Transgender rights and protections are not recognized. | |
| Cuba | Legal gender changes are allowed and gender confirmation procedures are covered by health care. [24] | |
| Curaçao | Transgender rights and protections are not recognized. | |
| Dominica | Transgender rights and protections are not recognized. | |
| Dominican Republic | Transgender rights and protections are not recognized. | |
| Grenada | Transgender rights and protections are not recognized. | |
| Guadeloupe | Legal gender changes are allowed[29] however there is no recognition of non-binary language or individuals.[30] | |
| Haiti | Transgender rights and protections are not recognized. | |
| Jamaica | Transgender rights and protections are not recognized. | |
| Martinique | Legal gender changes are allowed[29] however there is no recognition of non-binary language or individuals.[30] | |
| Montserrat | Transgender rights and protections are not recognized. | |
| Puerto Rico | Legal gender changes are allowed[33] however there is no recognition of a third gender. | |
| Saba | Gender changes on legal documents are allowed[18] and gender-neutral documentation is available.[19] | |
| Saint Barthelemy | Legal gender changes are allowed[29] however there is no recognition of non-binary language or individuals.[30] | |
| Saint Kitts and Nevis | Transgender rights and protections are not recognized. | |
| Saint Lucia | Transgender rights and protections are not recognized. | |
| Saint Martin | Legal gender changes are allowed[29] however there is no recognition of non-binary language or individuals.[30] | |
| Saint Vincent and the Grenadines | Transgender rights and protections are not recognized. | |
| Sint Eustatius | Gender changes on legal documents are allowed[18] and gender-neutral documentation is available.[19] | |
| Sint Maarten | Transgender rights and protections are not recognized. | |
| Trinidad and Tobago | Transgender rights and protections are not recognized. | |
| Turks and Caicos Islands | Transgender rights and protections are not recognized. | |
| United States Virgin Islands | Gender changes have yet to be attempted, though it is not outlawed.[42] Third genders are not recognized. |
Economic impact
A 2021 Open for Business report on LGBT+ inclusion in 12 English-speaking Caribbean countries found that LGBT+ discrimination and exclusion impose a significant economic cost on the region, estimated between US$1.5 billion and US$4.2 billion annually—or 2.1% to 5.7% of regional GDP—due to lost human capital, health disparities, reduced productivity, violence, and limitations on the tourism sector.[43]
The report also found that LGBT+ individuals in the Caribbean face social stigma within their families, schools, and workplaces, which has contributed to high levels of migration among educated LGBT+ professionals seeking greater acceptance abroad.[43] Additionally, the research indicates that anti-LGBT+ laws and social stigma reduce the likelihood of international tourists choosing to visit Caribbean countries, estimating that 18% of potential travelers avoid visiting the Caribbean due to concerns about LGBT+ discrimination and safety risks. This results in an annual economic loss of up to US$689 million (0.93% of regional GDP).[43]