- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✔ Sexual orientation and gender identity
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Public Opinion
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Same-sex marriage in French Polynesia is legal.
Censorship of LGBT issues in French Polynesia is no censorship.
Right to change legal gender in French Polynesia is legal, no restrictions.
Gender-affirming care in French Polynesia is legal.
Minors can access puberty blockers, hormone replacement therapy, and in some cases, mastectomies. Genital surgeries are however reserved for adults.
Legal recognition of non-binary gender in French Polynesia is not legally recognized.
Hate crime protections in French Polynesia is sexual orientation and gender identity.
Articles 132-76 and 132-77 on aggravating circumstances provide that the maximum of the custodial sentence incurred is increased when a crime or offense is preceded, accompanied or followed by words, writings, images, objects or acts of any kind that either offend against the honour or consideration of the victim or the group of persons of which the victim is a member on “the grounds of his or her membership or non-membership, actual or supposed, of a particular race, ethnic group, nation or religion”, “his or her sex, sexual orientation or actual or supposed gender identity, or establish that the acts were committed against the victim for one of these reasons”.
LGBT discrimination in French Polynesia is illegal.
Discrimination aimed toward an individual's sexual orientation or gender identity is banned.
LGBT employment discrimination in French Polynesia is sexual orientation and gender identity.
Article 1 of Law No. 2001-1066 (2001) amended Article 122-45 of the Labour Code to afford explicit protection from discrimination based on "sexual orientation" in employment. It also amended Article 225-2 of the Penal Code (1994) to criminalise acts of discrimination in employment based on "sexual orientation", specifically when the discriminatory action consisted a refusal to hire, admonishment or dismissal based on "sexual orientation" (at 225-2.3), making an offer of employment, internship request, or training (at 225- 2.5), or refusal to accept a person for an internship (at 225-2.6) on such grounds.
In 2008, Article 122-45 was replaced by Article L1132-1 in the Labour Code (2008), which was located under the Chapter establishing the principle of non-discrimination, keeping the explicit protection based on "sexual orientation" in employment. This provision replaced article L122-45.
In 2013, Article 1 of the Law Opening Marriage to Same-Sex Couples (Law No. 2013-404) (2013) inserted Art. 1132-3-2 to the Labour Code establishing that no employee may be sanctioned, dismissed or be the subject of a discriminatory measure referred to in Article L1132-1 (cited above) for “having refused, because of their "sexual orientation", a geographical transfer to a State criminalising homosexuality”.
Note : prior to the enactment of Law No. 2001-1066 (2001), French law did not include any reference to the term “sexual orientation”. However, it has been argued that there has been some form protection against discrimination based on sexual orientation, first in criminal matters since 1985, under Law No. 85-772 (1985), and then in labour law under Law No. 86-76 (1986) and then under Law No. 92-1446 (1992). These laws did not speak to “sexual orientation”: the term chosen was that of “mœurs” (French equivalent for “manners”. Articles 225-1 and 225-2 of the Penal Code (1994), as amended by Law on Sexual Harassment (Law No. 2012-954) (2012), banned discrimination based on "sexual identity". Moreover, Article L1132-1 in the Labour Code, as amended also by Law No. 2012-954 (2012), explicitly bans discrimination based on "sexual identity" in employment.
Since the adoption of the Law on modernisation of the justice of the 21th Century (Law No. 2016-1547) (2016), the terminology has been changed to "gender identity" in both texts.
LGBT housing discrimination in French Polynesia is sexual orientation and gender identity.
Article 158 of Law No. 2002-73 (2002) amended Article 1 of Law No. 89-462 (1989) to prohibit a landowner from discriminating against tenants on the basis of "sexual orientation".
In 2014, Law No. 2014-366 (2014) modified the provision, but kept the prohibition of discrimination based on "sexual orientation.
In 2014, Law No. 2014-366 (2014) amended Article 1 of Law No. 89-462 (1989) to prohibit a landowner from discriminating against tenants on the grounds established by Article 225-1 of the Penal Code, which includes "gender identity"
Same-sex adoption in French Polynesia is legal.
Intersex infant surgery in French Polynesia is not banned.
The French government has reportedly not attempted to protect intersex infants from genital "normalisation" surgery.
Serving openly in military in French Polynesia is legal.
Blood donations by MSMs in French Polynesia is legal.
Conversion therapy in French Polynesia is banned.
Equal age of consent in French Polynesia is equal.
