Country Overview
Tuvalu
At a glance
Same-sex Relations for Men Legal Throughout the Country?
Same-sex Relations for Women Legal Throughout the Country?
Legal Gender Recognition Possible?
LGBTI Orgs Able to Register?
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In Tuvalu, same-sex relations between men are criminalized under the 2008 Penal Code. The penalty is up to 14 years in prison, although the law has reportedly not been enforced in recent years. The Labour and Employment Relations Act of 2017 prohibits employment discrimination based on sexual orientation. However, the 2023 amendments to the Constitution of Tuvalu do not provide for the recognition of the human rights of LGBTIQ people. Section 27, which guarantees freedom from discrimination, defines discrimination as the unequal treatment of individuals primarily based on attributes such as sex and other protected characteristics, but does not extend this protection to discrimination based on sexual orientation. At the same time, the 2023 Constitution banned same-sex marriage.
Tuvalu recognizes gender diversity in pinapinaaine or pina, who are assigned male at birth and adopt traditionally feminine gender expressions and historically played certain societal and communal roles. However, at present, there is no legal recognition of trans, gender-diverse, or intersex people.
*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.
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