Southern is governed by federal Botswana law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Southern is legal.
Current status
Since Jun 11, 2019
Legal
Botswana's High Court has ruled in favour of decriminalising homosexuality in a landmark decision for campaigners.
Censorship of LGBT issues in Southern is no censorship.
Current status
No censorship
In Botswana, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Southern is legal, no restrictions.
Current status
Since Sep 29, 2017
Legal, no restrictions
In 2017, before Botswana's High Court, a transgender man and a transgender woman each successfully contested the Registrar of National Registration's refusal to amend the gender marker on their identity documents. Both individuals invoked Section 16 of the National Registration Act (Act No. 26) (1986), which empowers the Registrar to alter any particulars of a registered person and issue new identity documentation in the event of a significant change in circumstances. These landmark cases have established a precedent for other transgender individuals seeking to update their gender markers on official documents. Subsequently, following the court's rulings, at least 10 transgender individuals have been able to amend their legal gender markers without resorting to legal action.
Gender-affirming care in Southern is restricted.
Current status
Since 1985
Restricted
In 1985, Botswana legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Until 1985
Banned
Medical transition is not possible
Legal recognition of non-binary gender in Southern is not legally recognized.
Current status
Not legally recognized
No laws in place to recognize non-binary people.
LGBT discrimination in Southern is illegal.
Current status
Since 2019
Illegal
Discrimination and hate speech against LGBTQIA+ persons is banned completely in Botswana.
LGBT employment discrimination in Southern is sexual orientation only.
Current status
Since Aug 10, 2010
Sexual orientation only
LGB people are protected here. No laws in place for trans people.
LGBT housing discrimination in Southern is no protections.
Current status
No protections
No protections available in Botswana for sexual orientation or gender identity for housing.
Same-sex adoption in Southern is single only.
Current status
Single only
No other laws in place.
Intersex infant surgery in Southern is not banned.
Current status
Not banned
In April 2024, a bill to amend the Constitution, including a new clause aimed at "protecting intersex individuals and people with disabilities from discrimination" was presented by a minister in Botswana. But so far, there are no laws banning invasive and unnecessary surgical procedures on intersex children.
Serving openly in military in Southern is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since Aug 10, 2010
Lesbians, gays, bisexuals permitted, transgender people banned
All discrimination is illegal in all areas. Unfortunately Like every other African countries, trans people cannot serve
Blood donations by MSMs in Southern is legal.
Current status
Legal
Conversion therapy in Southern is not banned.
Current status
Since Mar 17, 2016
Not banned
Botswana Court of Appeal Denied Ban.
Equal age of consent in Southern is equal.
Current status
Equal
Set at 16 years old.
Legal Rights
59 / 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 Southern to help improve its accuracy.
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