LGBT Rights in Niutao
Island Council

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Public Opinion

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History

Homosexual activity in Niutao

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Homosexual activity in Niutao is male illegal, female legal.

Current status
Since May 18, 2018
Male illegal, female legal
5 to 10 years in prison. Not enforced. Decriminalization pending.
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Until May 18, 2018
Male illegal, female legal
Men can receive up to 14 years in prison.
Sources:
The Penal Code sections 153, 154 and 155.
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Same-sex marriage in Niutao

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Same-sex marriage in Niutao is banned.

Current status
Since Sep 5, 2023
Banned
Constitutionally banned since 2023.
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Censorship of LGBT issues in Niutao

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Censorship of LGBT issues in Niutao is no censorship.

Current status
No censorship
In Tuvalu, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Niutao

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Right to change legal gender in Niutao is illegal.

Current status
Illegal
No laws allowing the legal change of gender, despite transgenderism being ingrained in Tuvalu culture under the term "Binabinaina".
Sources:
Births, Deaths and Marriages Registration Act:
tuvalu-legislation.tv/cms/i…
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Gender-affirming care in Niutao

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Gender-affirming care in Niutao is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Niutao

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

Current status
Not legally recognized
No legal recognition.
Sources:
No laws, thus no source.
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LGBT discrimination in Niutao

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LGBT discrimination in Niutao is illegal in some contexts.

Current status
Since 2016
Illegal in some contexts
The General Administrative Order (2016) issued under section 7 of the Public Service Act and the Labour and Employment Relations Act 2017 ban discrimination based on sexual orientation.

LGBT employment discrimination in Niutao

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LGBT employment discrimination in Niutao is sexual orientation only.

Current status
Since 2017
Sexual orientation only
Section 50 of the Labour and Employment Relations Act (2017) prohibits discrimination at the workplace, including on the basis of sexual orientation as a protected attribute (under Section 50(2)(b)).
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LGBT housing discrimination in Niutao

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LGBT housing discrimination in Niutao is unknown.

Current status
Unknown

Same-sex adoption in Niutao

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Same-sex adoption in Niutao is unknown.

Current status
Unknown

Intersex infant surgery in Niutao

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Intersex infant surgery in Niutao is unknown.

Current status
Unknown

Serving openly in military in Niutao

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Serving openly in military in Niutao is n/a.

Current status
N/A
Tuvalu has no military forces.
Sources:
Tuvalu has no military forces.
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Blood donations by MSMs in Niutao

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Blood donations by MSMs in Niutao is unknown.

Current status
Unknown

Conversion therapy in Niutao

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Conversion therapy in Niutao is not banned.

Current status
Not banned
According to the ILGA World, there's no ban on conversion therapy in Tuvalu.
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Equal age of consent in Niutao

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Equal age of consent in Niutao is female equal, male n/a.

Current status
Female equal, male N/A
Sex between males is illegal, however, sex between females is legal, and the age of consent is equal to the age of consent for heterosexual couples.