LGBT rights in South Africa

LGBTQ rights in South Africa
StatusMale legal since 1998, female never illegal;
age of consent equalised in 2007
Gender identityChange of legal gender permitted since 2003
MilitaryAllowed to serve
Discrimination protectionsConstitutional and statutory protections (see below)
Family rights
Recognition of relationshipsSame-sex marriage since 2006
AdoptionFull adoption rights since 2002

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Africa have the same legal rights as non-LGBTQ people.[1][2] South Africa has a complex and diverse history regarding the human rights of LGBTQ people. The legal and social status of between 400,000 to over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.[3]

South Africa's post-apartheid Constitution was the first in the world to outlaw discrimination based on sexual orientation, and South Africa was the fifth country in the world and the first in Africa to legalise same-sex marriage, in 2006. Same-sex couples can also adopt children jointly, and also arrange IVF and surrogacy treatments. LGBTQ people have constitutional and statutory protections from discrimination in employment, the provision of goods and services and many other areas.

Nevertheless, LGBTQ South Africans, particularly those outside of the major cities, continue to face some challenges, including homophobic violence (particularly corrective rape), and high rates of HIV/AIDS infection.

  1. ^ "The 203 Worst (& Safest) Countries for LGBTQ+ Travel in 2023". Asher & Lyric. 5 June 2023. Retrieved 20 August 2023.
  2. ^ Brown, Vicki. "LGBT South Africa holiday advice". Responsible Travel. Retrieved 2 October 2023.
  3. ^ "Progressive Prudes, A survey of attitudes towards homosexuality & gender non-conformity in South Africa" (PDF). The other foundation. 2016.

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