Current Version
| Region | Botswana |
| Issue | LGBT discrimination |
| Status | Illegal in some contexts |
| Start Date | 2010 |
| End Date | (none) |
| Description | In June 2019, the High Court of Botswana ruled that "sex", as defined in Section 3 of the Botswana Constitution, should be "generously and purposively interpreted" to include "sexual orientation". The Employment Act (2010) prohibits employers from terminating contracts of employment on the basis of "sexual orientation". There are no laws that protect gender identity from discrimination |
| Sources | https://africanlii.org/article/20190613/its-not-just-sex-sexual-orientation-discrimination-no-longer-allowed-botswana%E2%80%99s https://database.ilga.org/api/downloader/download/1/BW%20-%20LEG%20-%20Employment%20Act%20(2010)%20-%20OFF%20(en).pdf |
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Revision History (3)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Illegal | Illegal in some contexts |
| Start Date | 2019 | 2010 |
| Description | Discrimination and hate speech against LGBTQIA+ persons is banned completely in Botswana. | In June 2019, the High Court of Botswana ruled that "sex", as defined in Section 3 of the Botswana Constitution, should be "generously and purposively interpreted" to include "sexual orientation". The Employment Act (2010) prohibits employers from terminating contracts of employment on the basis of "sexual orientation". There are no laws that protect gender identity from discrimination |
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| Sources | https://africanlii.org/article/20190613/its-not-just-sex-sexual-orientation-discrimination-no-longer-allowed-botswana%E2%80%99s | https://africanlii.org/article/20190613/its-not-just-sex-sexual-orientation-discrimination-no-longer-allowed-botswana%E2%80%99s https://database.ilga.org/api/downloader/download/1/BW%20-%20LEG%20-%20Employment%20Act%20(2010)%20-%20OFF%20(en).pdf |
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edited by DuffdeNecker
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Value | Illegal in some contexts | Illegal |
| Start Date | Dec 14, 1984 | 2019 |
| Description | Workplace discrimination banned (unsure on Trans discrimination) | Discrimination and hate speech against LGBTQIA+ persons is banned completely in Botswana. |
Show Difference | ||
| Sources | http://www.ilo.org/dyn/travail/docs/1769/employment%20act.pdf (Section 23) | https://africanlii.org/article/20190613/its-not-just-sex-sexual-orientation-discrimination-no-longer-allowed-botswana%E2%80%99s |
Show Difference | ||
Reports (1)
- Status is not correct "In 2019 the High Court recognized constitutional protection against discrimination on grounds of sex included LGBTQIA but there are no actual laws banning discrimination or hate speech against LGBTQIA+"