LGBT Rights in Nukulaelae Island Council

Nukulaelae 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 Nukulaelae

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Homosexual activity in Nukulaelae 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.
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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 Nukulaelae

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Same-sex marriage in Nukulaelae is banned.

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

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Censorship of LGBT issues in Nukulaelae 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 Nukulaelae

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Right to change legal gender in Nukulaelae 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:
No laws, thus no source.
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Gender-affirming care in Nukulaelae

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Gender-affirming care in Nukulaelae is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Nukulaelae

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Legal recognition of non-binary gender in Nukulaelae 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 Nukulaelae

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LGBT discrimination in Nukulaelae is no protections.

Current status
No protections
Homosexuality is still illegal.
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LGBT employment discrimination in Nukulaelae

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LGBT employment discrimination in Nukulaelae 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 Nukulaelae

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LGBT housing discrimination in Nukulaelae is no protections.

Current status
No protections
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Same-sex adoption in Nukulaelae

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Same-sex adoption in Nukulaelae is single only.

Current status
Single only
no other laws in place.
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Intersex infant surgery in Nukulaelae

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Intersex infant surgery in Nukulaelae is unknown.

Current status
Unknown

Serving openly in military in Nukulaelae

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Serving openly in military in Nukulaelae 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 Nukulaelae

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Blood donations by MSMs in Nukulaelae is legal.

Current status
Legal
In all of Oceania
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Conversion therapy in Nukulaelae

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Conversion therapy in Nukulaelae 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 Nukulaelae

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Equal age of consent in Nukulaelae is ambiguous.

Current status
Ambiguous
Equal for women, inequal for men
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