- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Parental approval required
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Public Opinion
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Homosexual activity in Saint Barthélemy is legal.
Same-sex marriage in Saint Barthélemy is legal.
Censorship of LGBT issues in Saint Barthélemy is no censorship.
Right to change legal gender in Saint Barthélemy is legal, no restrictions.
According to media reports, in 2010, France became the first country to remove "transsexualism" from their official list of mental illnesses.
Gender-affirming care in Saint Barthélemy is legal.
Minors can access puberty blockers, hormone replacement therapy, and in some cases, mastectomies. Genital surgeries are however reserved for adults.
Trans people would often go to Germany or Morocco to get reassignment surgeries.
Legal recognition of non-binary gender in Saint Barthélemy is not legally recognized.
A court ruled in August 2015 that an intersex plaintiff who was designated male at birth, could use the term “neutral gender” on personal official documents. This decision was overturned by a French appeals court.
LGBT discrimination in Saint Barthélemy is illegal.
LGBT employment discrimination in Saint Barthélemy is sexual orientation and gender identity.
In 2008, Article 122-45 was replaced by Article L1132-1 in the Labour Code (2008), which was located under the Chapter establishing the principle of non-discrimination, keeping the explicit protection based on "sexual orientation" in employment. This provision replaced article L122-45.
In 2013, Article 1 of the Law Opening Marriage to Same-Sex Couples (Law No. 2013-404) (2013) inserted Art. 1132-3-2 to the Labour Code establishing that no employee may be sanctioned, dismissed or be the subject of a discriminatory measure referred to in Article L1132-1 (cited above) for “having refused, because of their "sexual orientation", a geographical transfer to a State criminalising homosexuality”.
Note : prior to the enactment of Law No. 2001-1066 (2001), French law did not include any reference to the term “sexual orientation”. However, it has been argued that there has been some form protection against discrimination based on sexual orientation, first in criminal matters since 1985, under Law No. 85-772 (1985), and then in labour law under Law No. 86-76 (1986) and then under Law No. 92-1446 (1992). These laws did not speak to “sexual orientation”: the term chosen was that of “mœurs” (French equivalent for “manners”. Articles 225-1 and 225-2 of the Penal Code (1994), as amended by Law on Sexual Harassment (Law No. 2012-954) (2012), banned discrimination based on "sexual identity". Moreover, Article L1132-1 in the Labour Code, as amended also by Law No. 2012-954 (2012), explicitly bans discrimination based on "sexual identity" in employment.
Since the adoption of the Law on modernisation of the justice of the 21th Century (Law No. 2016-1547) (2016), the terminology has been changed to "gender identity" in both texts.
LGBT housing discrimination in Saint Barthélemy is sexual orientation and gender identity.
In 2014, Law No. 2014-366 (2014) modified the provision, but kept the prohibition of discrimination based on "sexual orientation.
In 2014, Law No. 2014-366 (2014) amended Article 1 of Law No. 89-462 (1989) to prohibit a landowner from discriminating against tenants on the grounds established by Article 225-1 of the Penal Code, which includes "gender identity"
Intersex infant surgery in Saint Barthélemy is parental approval required.
Serving openly in military in Saint Barthélemy is legal.
Equal age of consent in Saint Barthélemy is equal.