Sodomy in Eswatini is considered illegal under the 1907 Roman-Dutch common law, that Eswatini uses as their own. The common laws carry penalties ranging from death to lesser punishments as decided by the court. The term “sodomy” was defined by the courts as “unlawful and intentional sexual relations per anum between two human males.” However, punishment is not enforced, and The Minister of Justice has consistently stated that their policy is to refrain from prosecuting consenting adults.

The Marriage Act (1964) and the Births, Marriages and Deaths Registration Act (1983) do not expressly forbid same-sex marriages.

In Eswatini, there are no explicit laws restricting the discussion or promotion of LGBTQ+ topics. However, there have been cases as recent as 2022 ruling the NGOs for LGBTIQ+ rights cannot register as homosexuality is illegal since 1907.

Section 8(3) of the Births, Marriages and Deaths Registration Act (1983) states:

"If after registration of birth, the change in any other particular of a person not provided for in this section has occurred, he, if he is twenty-one years of age, or either of his parents or his guardian of he is under twenty-one years of age, may apply to the Registrar directly or through respective district registrar or assistant district registrar for alteration of such a particular in the births register. Thereupon the Registrar shall, if satisfied that the applicant is competent to make the application and on production of documentary proof (in case of change of sex of the child medical certificate from the medical practitioner shall be produced) and on payment of the prescribed fee, cause the said particular of the person to be altered in the original birth information form filed in his office, but without erasing the original entry, and shall instruct the registration officer of the district or sub-district in which the birth of the person was registered to make a similar inscription in his births register and duplicate birth information form filed in his office."

The Act must be interpreted in accordance with the Children’s Protection and Welfar Act. Section 8(3) of the Act should be interpreted to provide for the change of sex or gender in the Register. The Act does not specify that ‘change of sex’ must happen in any specific way, nor does it require documentary proof only from a healthcare provider.

The Eswatini Ministry of Health has recognised that transgender and gender diverse people are a vulnerable population with little access to healthcare, and thus has issued in 2016 a training manual to healthcare providers to increase knowledge about trans health and healthcare needs and thus to improve access to gender affirming care. (Improving access to
comprehensive health care services for key populations in Swaziland: Training manual for
healthcare providers)

There is no recognition in Eswatini.

There are explicit legal protections against hate speech based on sexual orientation in the media.

Section 10.2(2) on "Violence and Hate speech" of the Broadcasting Guidelines Services 2017. It apply to all Radio and Television broadcasting service providers.

Section 8(1)(d) of The Broadcasting (Content) Guidelines 2022. It apply to all broadcasters and content service providers.

There are no protections from discrimination in employment provided to LGBTIQ+ people in Eswatini.

There are no protections from discrimination in housing provided to LGBTIQ+ people in Eswatini.

Surgery on intersex infants is legal in Eswatini but not reported.

Unknown as of May 9th 2023, They heard a court case in that day but it seems that nothing come of it

There are no official sources from the Ministry of Health regarding the requirements for donating blood.

Conversion therapy is legal in Eswatini and there have been reports of forced marriages and "corrective" rapes.

The age of consent in Eswatini is 18 for heterosexual sex. However, sodomy is illegal in Eswatini so the age of consent is irrelevant for males. Regarding lesbian sex, due to there being no laws criminalizing it, the age of consent is also 18.