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Public Opinion

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History

Homosexual activity in Cabo Delgado

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Homosexual activity in Cabo Delgado is legal.

Current status
Since Jun 29, 2015
Legal
On June 29th, 2015, a new Mozambique penal code came into effect. In the new penal code, the article that targeted anyone “who habitually engages in vices against nature" was removed.
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Sep 16, 1886–Jun 28, 2015
Illegal (other penalty)
In 1886, while Mozambique was a colony of Portugal, it inherited a penal code that punished anyone “who habitually engages in vices against nature” with three years of hard labor.

Between 1975, when Mozambique became independent, and 2015, when this article was removed, there were no known prosecutions made under this article.

Same-sex marriage in Cabo Delgado

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Same-sex marriage in Cabo Delgado is banned.

Current status
Since Aug 25, 2004
Banned
Article 2 of the Family Law of Mozambique defines marriage as a “free and notorious union between a man and a woman.”
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Until Aug 24, 2004
Unrecognized
Until 2004, there was no explicit ban on same-sex marriage in Mozambique. However, there was also no legal recognition provided to same-sex couples.
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Censorship of LGBT issues in Cabo Delgado

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Censorship of LGBT issues in Cabo Delgado is no censorship.

Current status
No censorship
In Mozambique, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Cabo Delgado

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Right to change legal gender in Cabo Delgado is ambiguous.

Current status
Since Dec 8, 2004
Ambiguous
Section 85(1) of the Código do Registo Civil 2004 gives the Civil Registrar general authority to make changes when there is a change of facts which alter the legal identity or status of the person registered. Transgender people can use this section to change the sex description on their identity document. Unclear requirements.
Until Dec 7, 2004
Illegal
The law does not provide for individuals to change their gender identity marker or name on legal and identifying documents to bring them into alignment with their gender identity.

Gender-affirming care in Cabo Delgado

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Gender-affirming care in Cabo Delgado is banned.

Current status
Banned
There is no access to gender reassignment surgery or hormone replacement therapy in Mozambique.
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Legal recognition of non-binary gender in Cabo Delgado

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

Current status
Not legally recognized
Identifying as non-binary is not an option on passports, birth certificates, drivers licenses, ETC.
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LGBT discrimination in Cabo Delgado

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LGBT discrimination in Cabo Delgado is illegal in some contexts.

Current status
Since Aug 1, 2007
Illegal in some contexts
The Penal Code (2019) provide some protections for LGBT people:

-Article 160 (Aggravated Homicide) protects the victim's sexual orientation or gender identity.

-Article 191 prohibits incitement to discrimination, hatred, or violence against a person or group of people based on their gender identity. It also prohibits defamation, insults, and threats against transgender people. Sexual orientation is not mentioned in the article.

The Advertising Code (2016) prohibits advertising if it contains any discrimination or humiliation based on sexual orientation.

Resolution No. 31/2024, which approves the Urbanization Policy, protects sexual orientation in its definition of social inclusion.

The 2007 labor law protected against discrimination on employment on grounds of sexual orientation. (Repealed in 2024)
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Until Jul 31, 2007
No protections
Until 2007, there were no protections from discrimination provided to LGBTIQ+ people in Mozambique.
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LGBT employment discrimination in Cabo Delgado

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LGBT employment discrimination in Cabo Delgado is no protections.

Current status
Since Feb 21, 2024
No protections
Labour Law (Law No. 13/2023) repealed Law No. 23/2007, which protected against discrimination based on sexual orientation.

The new law does not provide explicit protections for LGBT people.
Aug 1, 2007–Feb 20, 2024
Sexual orientation only
Until February 2024, there was legal protection for sexual orientation under Articles 4, 5 and 108 of the Labour Law 23/2007.
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Until Jul 31, 2007
No protections
Until 2007, there were no protections from discrimination in employment provided to LGBTIQ+ people in Mozambique.
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LGBT housing discrimination in Cabo Delgado

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LGBT housing discrimination in Cabo Delgado is no protections.

Current status
No protections
No protections are available for housing discrimination against LGBTIQ+ people in Mozambique.
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Same-sex adoption in Cabo Delgado

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Same-sex adoption in Cabo Delgado is single only.

Current status
Single only
Only single people or one member of a same-sex couple is able to adopt in Mozambique. Same-sex couples cannot legally adopt a child under both of their names.
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Intersex infant surgery in Cabo Delgado

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Intersex infant surgery in Cabo Delgado is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Mozambique but not reported.
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Serving openly in military in Cabo Delgado

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Serving openly in military in Cabo Delgado is legal.

Current status
Legal
Mozambican law requires all citizens between the ages of 18 and 35 regardless of sexual orientation or gender identity to serve at least five years in the military.
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Blood donations by MSMs in Cabo Delgado

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Blood donations by MSMs in Cabo Delgado is legal.

Current status
Legal
There are no known restrictions or bans on blood donations from men who have sex with men in Mozambique.
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Conversion therapy in Cabo Delgado

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Conversion therapy in Cabo Delgado is not banned.

Current status
Not banned
Conversion therapy is legal in Mozambique and there have been cases of "corrective" rape in the country.
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Equal age of consent in Cabo Delgado

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Equal age of consent in Cabo Delgado is equal.

Current status
Since Jun 29, 2016
Equal
The age of consent in Mozambique is 18 regardless of gender or sexual orientation.