Regions  ▸  Oceania  ▸  Tuvalu

LGBT Rights in Niutao Island Council

Niutao is governed by federal Tuvalu law. Learn more
    Homosexuality
    ⚢
    ✖ Male illegal, female legal
    Gay Marriage
    ⚭
    ✖ Banned
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Illegal
    Gender-Affirming Care
    Unknown
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    Unknown
    Military
    N/A
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    Ambiguous
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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 19, 2017
Male illegal, female legal
5 to 10 years in prison. Not enforced. Decriminalization pending.
Details
Sources:
76crimes.wordpress.com/2014…
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Until May 18, 2018
Male illegal, female legal
Men can receive up to 14 years in prison.
Details
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.
Details
Sources:
tuvalu-legislation.tv/cms/i…
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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.
Details
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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".
Details
Sources:
No laws, thus no source.
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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.
Details
Sources:
No laws, thus no source.
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LGBT discrimination in Niutao

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LGBT discrimination in Niutao is no protections.

Current status
No protections
Homosexuality is still illegal.
Details
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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)).
Details
Sources:
ilga.org/downloads/ILGA_Wor… (page 237)
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LGBT housing discrimination in Niutao

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LGBT housing discrimination in Niutao is no protections.

Current status
No protections
Details
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Same-sex adoption in Niutao

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Same-sex adoption in Niutao is single only.

Current status
Single only
no other laws in place.
Details
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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.
Details
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 legal.

Current status
Legal
In all of Oceania
Details
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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.
Details
Sources:
ilga.org/downloads/ILGA_Wor… (page 330)
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Equal age of consent in Niutao

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Equal age of consent in Niutao is ambiguous.

Current status
Ambiguous
Equal for women, inequal for men
Details
Sources:
asiapacific.unwomen.org/en/…
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Equality Index ?
23 / 100
Legal Rights
23 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Niutao to help improve its accuracy.

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