Haiti

Consensual same-sex conduct is not criminalized in Haiti. However, there have been attempts to roll back the rights of LGBTIQ people. In 2017, the Senate passed a bill to ban same-sex marriage and public demonstration of support for LGBTIQ people’s human rights. It also passed laws to allow government officials to deny LGBTIQ Haitians a Certificate of Good Life and Morals, which many employers and universities require. These bills were not signed into law, so they remain unenforceable but are still indicative of widespread political antipathy toward LGBTIQ people.

In 2020, the president decreed an amendment to Haiti’s Criminal Code seeking to increase the penalties for crimes motivated by bias against the victim’s sexual orientation (Article 248) and to prohibit discrimination based on sexual orientation (Article 362). These provisions were met with significant pushback from religious organizations, and the government has repeatedly postponed the enforcement of the new code, most recently delaying it to June 2025. 

LGBTIQ organizations have developed and grown in visibility in recent years, working toward greater legal and social protection. However, ongoing political instability and gang violence hinder progress. The Catholic and Protestant Churches play a strong cultural role in Haiti, influencing norms around gender and sexuality. Prominent religious leaders publicly disparage LGBTIQ identities as immoral. LGBTIQ people experience harassment, discrimination, violence, and social stigmatization at the hands of authorities and private citizens. 

Outright’s research shows that the lack of legal gender recognition exacerbates anti-trans discrimination in school settings, contributing to economic precarity and negatively impacting their ability to get involved in trans advocacy. According to a 2022 UNDP Report, intersex people in Haiti are also in a precarious position. They face stigma and prejudice and are viewed with shame and secrecy. Non-consensual medical interventions on intersex children are not prohibited, leaving them vulnerable to violence. Access to medical care is unreliable.

*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.