LGBT Rights in Sud-Est Department

Sud-Est is governed by federal Haiti law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Banned
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Illegal
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    Unknown
    Military
    Ambiguous
    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 Sud-Est

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Homosexual activity in Sud-Est is legal.

Current status
Since Sep 25, 1791
Legal
The French Penal Code of 1791, adopted between 25 September and 6 October 1791, extended to Saint-Domingue. When Haiti became independent from France in 1804, no law that criminalized consensual same-sex sexual acts was introduced, and no such law has come into the penal code since.
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Same-sex marriage in Sud-Est

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Same-sex marriage in Sud-Est is banned.

Current status
Banned
Same sex marriage is not legal in Haiti, and upon announcement of plans to lobby for the right in 2013, advocates were met with a stream of religious backlash. In 2017, the Haitian Senate approved a bill that would've banned same-sex marriage with fines and up to 3 years in prison, but it never became law.

Censorship of LGBT issues in Sud-Est

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Censorship of LGBT issues in Sud-Est is no censorship.

Current status
No censorship
In Haiti, there are no laws restricting the discussion or promotion of LGBTQ+ topics. Despite this, authorities have cracked down on some LGBT activities in the past. In 2016, a Haitian LGBT festival was cancelled by the comissioner in face of threats. In 2017, a bill was submitted in the Senate that would've banned public demonstrations in support of homosexuality. It is believed to still be pending

Right to change legal gender in Sud-Est

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Right to change legal gender in Sud-Est is illegal.

Current status
Illegal
Legal gender change is illegal in Haiti. Activists have campaigned for legislation in recent years.
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Gender-affirming care in Sud-Est

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Gender-affirming care in Sud-Est is legal.

Current status
Since 1997
Legal
In 1997, Haiti adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Legal, but restricted for minors
In 1980, Haiti adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
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Until 1980
Banned
Medical transition is not possible
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Legal recognition of non-binary gender in Sud-Est

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Legal recognition of non-binary gender in Sud-Est is not legally recognized.

Current status
Not legally recognized
Non-binary options missing.
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LGBT discrimination in Sud-Est

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LGBT discrimination in Sud-Est is no protections.

Current status
Since Jan 1, 1791
No protections
There are currently no discrimination protections for LGBT folks under Haiti's current constitution or penal code. It is worth nothing the the constitution does make certain guarantees to all citizens, including a right to health care, housing, education, food and social security. A penal code granting these protections and the legalization of abortion was decreed in 2020 by the President of Haiti in 2020 and was initially delayed for 24 months, but was further delayed after outrage from politicians and citizens. Legalization may finally occur in June 2024 if allowed to take effect

LGBT employment discrimination in Sud-Est

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LGBT employment discrimination in Sud-Est is no protections.

Current status
No protections
There are currently no discrimination protections for LGBT folks under Haiti's current constitution or penal code in the realm of employment. A penal code granting these protections and the legalization of abortion was decreed in 2020 by the President of Haiti in 2020 and was initially delayed for 24 months, but was further delayed after outrage from politicians and citizens. Legalization may finally occur in June 2024 if allowed to take effect

LGBT housing discrimination in Sud-Est

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LGBT housing discrimination in Sud-Est is no protections.

Current status
No protections
There are currently no discrimination protections for LGBT folks under Haiti's current constitution or penal code in the realm of housing. A penal code granting these protections and the legalization of abortion was decreed in 2020 by the President of Haiti in 2020 and was initially delayed for 24 months, but was further delayed after outrage from politicians and citizens. Legalization may finally occur in June 2024 if allowed to take effect

Same-sex adoption in Sud-Est

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Same-sex adoption in Sud-Est is single only.

Current status
Single only
Same-sex adoption is banned, however nothing in Haitian law suggests LGBT singles are incapable of adoption.
Sources:
travel.state.gov/content/tr…~:text=Married%20couples%20must%20be%20living,)%20years'%20co%2Dresidence.
uscis.gov/adoption/country-…
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Intersex infant surgery in Sud-Est

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Intersex infant surgery in Sud-Est is unknown.

Current status
Unknown

Serving openly in military in Sud-Est

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Serving openly in military in Sud-Est is ambiguous.

Current status
Ambiguous
Haiti does have a small armed forces. There is nothing to suggest LGBT individuals can't enlist in the military but there are also no known cases of LGBT individuals in the Haitian Armed Forces.
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Blood donations by MSMs in Sud-Est

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Blood donations by MSMs in Sud-Est is legal.

Current status
Legal
There are no known policies barring homosexuals from donating blood, but blood donations themselves seem tedious to provide, the nation has found itself in constant shortage in recent decades.

Conversion therapy in Sud-Est

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Conversion therapy in Sud-Est is not banned.

Current status
Not banned
Some treatments are corrective rape on lesbians.
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Equal age of consent in Sud-Est

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Equal age of consent in Sud-Est is equal.

Current status
Since Jan 1, 1791
Equal
The age of consent is equalized at the age of 18 in Haiti.
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