Homosexuality has always been legal in Burkina Faso.

In July 2024, the military junta, led by Ibrahim Traore, in power since the September 2022 Burkina Faso coup d'état, adopted an amended family code draft which would make homosexual acts illegal. However, the draft code has yet to pass.

Marriage in Burkina Faso is defined as between a man and a woman. Article 23 of the country's constitution of 1991 states: "Marriage is founded on the free consent of the man and of the woman. All discrimination founded on race, colour, religion, ethnicity, caste, social origin, or fortune is forbidden in the matter of marriage."

In August 2023, the Superior Council of Communication (CSC) adopted a decision that restricts the broadcast of LGBT related content. This decision prohibits television channels from airing content "promoting homosexuality" and bans any content or scenes of a "homosexual character" on channels targeted at children and young audiences.

Being transgender in Burkina Faso is dangerous and there are no laws in place to legally change one’s gender. As a result, trans people whose gender expression did not match their gender identity on government documents risk arrest for identity theft.

Gender affirming care is subject to no regulations in Burkina Faso and access is impossible, forcing many trans people to self-medicate.

There is no legal gender recognition provided to nonbinary or intersex people in Burkina Faso.

There are some limited protections based on sexual orientation and/or gender identity.

Section IV.1 of Decree 2019-0237/PRES-PM/MFPTPS/MDENP on the Adoption of the system for recording and processing complaints and suggestions from users of ministries and institution, reads: "Complaints will relate to the manner in which the user was received and the behavior of the public official related to a lack of courtesy, politeness, or confidentiality in handling files. They may also relate to access to administrative information and the manifestation of discriminatory behavior related to religion, gender, ethnicity, political and union opinions, social class, race, language, disability, and sexual orientation."

Since 2021, some ministerial documents on "Workforce Management Procedures" establish that "Hiring procedures shall be transparent, public, non-discriminatory, and open, regardless of ethnicity, religion, sexual orientation, disability, sex, or gender identity."

Law No. 001-2021/AN on the Protection of individuals with regard to the processing of Personal Data protects a person's sexual life as sensitive and personal data. (Articles 5, 12 and 30). In addition, Decree No. 2016-425/PRES promulgating Law No. 013-2016/AN regulating Credit Information Bureaus in Burkina Faso establishes the same protection.

Law 28-2008/AN on the Labor Code in Burkina Faso does not protect LGBT people from discrimination.

There are no legal protections.

There is no ban on surgeries performed on intersex infants in Burkina Faso.

Legal provisions relating to military recruitment do not exclude LGBT people from serving. Nevertheless, there are no inclusion measures for LGBT people.

There is no official information on the requirements for donating blood.

According to the ILGA, there's no ban on conversion therapy.