LGBT Rights in Vaitupu
Island Council

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Public Opinion

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History

Homosexual activity in Vaitupu

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Homosexual activity in Vaitupu is male illegal, female legal.

Current status
Since May 18, 2018
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 Vaitupu

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Same-sex marriage in Vaitupu is banned.

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

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Censorship of LGBT issues in Vaitupu 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 Vaitupu

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Right to change legal gender in Vaitupu 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:
Births, Deaths and Marriages Registration Act:
tuvalu-legislation.tv/cms/i…
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Gender-affirming care in Vaitupu

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Gender-affirming care in Vaitupu is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Vaitupu

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Legal recognition of non-binary gender in Vaitupu is not legally recognized.

Current status
Not legally recognized
There is no legal gender recognition provided to nonbinary or intersex people in Tuvalu.
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LGBT discrimination in Vaitupu

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LGBT discrimination in Vaitupu is illegal in some contexts.

Current status
Since 2016
Illegal in some contexts
The General Administrative Order (2016) issued under section 7 of the Public Service Act and the Labour and Employment Relations Act 2017 ban discrimination based on sexual orientation.

LGBT employment discrimination in Vaitupu

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LGBT employment discrimination in Vaitupu 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 Vaitupu

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LGBT housing discrimination in Vaitupu is unknown.

Current status
Unknown

Same-sex adoption in Vaitupu

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Same-sex adoption in Vaitupu is unknown.

Current status
Unknown

Intersex infant surgery in Vaitupu

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Intersex infant surgery in Vaitupu is unknown.

Current status
Unknown

Serving openly in military in Vaitupu

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Serving openly in military in Vaitupu 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 Vaitupu

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Blood donations by MSMs in Vaitupu is unknown.

Current status
Unknown

Conversion therapy in Vaitupu

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Conversion therapy in Vaitupu 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 Vaitupu

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Equal age of consent in Vaitupu is female equal, male n/a.

Current status
Female equal, male N/A
Sex between males is illegal, however, sex between females is legal, and the age of consent is equal to the age of consent for heterosexual couples.