Country Overview
South Africa
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 1996, South Africa became the first country to ban discrimination on the basis of sexual orientation constitutionally. In 2002, it became legal for same-sex couples to adopt, and marriage equality became a reality in 2005, with the Civil Union Act taking effect in 2006. Since 2003, transgender and intersex persons have been able to amend their sex markers through the Alteration of Sex Description and Sex Status Act. This legislation requires medical evidence of an applicant’s alteration of their sex characteristics, which pathologizes transgender identities. There is a movement by activists to reform this law and provide for gender recognition through self-determination, which would also clarify the position on intersex status.
There are many South African LGBTIQ activist groups, and annual Pride events are held in various cities across South Africa. LGBTIQ representation in pop culture is strong and relatively diverse. However, despite progressive legislation and broad public support for the human rights of LGBTIQ people, there are still high levels of violence, including sexual assault and murder of LGBTIQ people. LGBTIQ youth have indicated that harassment and bullying persist, leading to mental anguish and barriers to education. Many LGBTIQ persons who are economically disadvantaged continue to face discrimination in accessing public services, such as education, justice, social benefits, and health care services. Activists also report that survivors of hate crimes hesitate to report acts of violence to the police as a result of negative experiences.
Intersex people have gained some protections, including the Promotion of Equality and Prevention of Unfair Discrimination Act, which, as amended in 2005, groundbreakingly interpreted the definition of “sex” to include intersex people. Therefore, the law now promotes equality for intersex people, protecting them from unfair discrimination, harassment, and hate speech. However, intersex children are still routinely subjected to medically unnecessary and harmful genital surgeries without their consent.
*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.
Global Impact
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