LGBT Rights in Democratic Republic of the Congo

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✖ Banned
Censorship: Ambiguous
Changing Gender: ✖ Illegal
Gender-Affirming Care: ✖ Restricted
Non-Binary Gender Recognition: ✖ Not legally recognized
Discrimination: ✖ No protections
Employment Discrimination: ✖ No protections
Housing Discrimination: ✖ No protections
Adoption: ✖ Single only
Intersex Infant Surgery: ✖ Not banned
Military: ✖ Illegal
Donating Blood: ✔ Legal
Conversion Therapy: ✖ Not banned
Age of Consent: ✔ Equal

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Public Opinion

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History

Homosexual activity in Democratic Republic of the Congo

Homosexual activity in Democratic Republic of the Congo is legal.

Current status

Since Jan 30, 1940

Legal

Homosexuality is legal in the DRC.

Details

Same-sex marriage in Democratic Republic of the Congo

Same-sex marriage in Democratic Republic of the Congo is banned.

Current status

Since Feb 18, 2006

Banned

The 2006 amendments to the Constitution of the Democratic Republic of the Congo explicitly prohibit same-sex marriage. Article 40 in the Dem. Rep. of Congo's constitution states "Every individual has the right to marry the person of their choice, of the opposite sex."

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Censorship of LGBT issues in Democratic Republic of the Congo

Censorship of LGBT issues in Democratic Republic of the Congo is ambiguous.

Current status

Ambiguous

The U.S. Department of State's 2021 Human Rights Report found that
While no law specifically prohibits consensual same-sex sexual conduct between adults, individuals engaging in public displays of consensual same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions, which were rarely applied to opposite-sex couples. A local NGO reported authorities rarely took steps to investigate, prosecute, or punish officials who committed abuses against LGBTQI+ persons, whether in the security forces or elsewhere in the government.
Identifying as LGBTQI+ remained a cultural taboo. LGBTQI+ individuals were subjected to harassment, stigmatization, and violence, including "corrective" rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTQI+ individuals.

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Right to change legal gender in Democratic Republic of the Congo

Right to change legal gender in Democratic Republic of the Congo is illegal.

Current status

Illegal

There is no laws allowing you to change your legal gender in DRC.

Details

Gender-affirming care in Democratic Republic of the Congo

Gender-affirming care in Democratic Republic of the Congo is restricted.

Current status

Restricted

In the Democratic Republic of the Congo (DRC), there are no specific laws regulating gender-affirming care. Access to such care may be limited due to various factors, including societal stigma, lack of awareness among healthcare providers, and limited resources within the healthcare system. Additionally, there may be a lack of specific legal protections or regulations regarding gender-affirming treatments or procedures. As a result, individuals seeking gender-affirming care in the DRC may face challenges in accessing appropriate and comprehensive healthcare services.

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