- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion polls in particular regions of Haiti have found that homophobic beliefs persist.
OPPOSE
SUPPORT
History
Homosexual activity in Haiti is legal.
Current status
Since Sep 25, 1791
Legal
The French Penal Code of 1791, adopted between 25 September and 6 October 1791, extended to Saint-Domingue. When Haiti became independent from France in 1804, no law that criminalized consensual same-sex sexual acts was introduced, and no such law has come into the penal code since.
Same-sex marriage in Haiti is unrecognized.
Current status
Unrecognized
Same sex marriage is not legal in Haiti, and upon announcement of plans to lobby for the right in 2013, advocates were met with a stream of religious backlash. In 2017, the Haitian Senate approved a bill that would've banned same-sex marriage with fines and up to 3 years in prison, but it never became law.
A 2022 presidential decree declared pastors would be fined if they did not perform it but it did not have any legal force as it was not approved by the legislature and was not enforced.
A 2022 presidential decree declared pastors would be fined if they did not perform it but it did not have any legal force as it was not approved by the legislature and was not enforced.
Censorship of LGBT issues in Haiti is no censorship.
Current status
No censorship
In Haiti, there are no laws restricting the discussion or promotion of LGBTQ+ topics. Despite this, authorities have cracked down on some LGBT activities in the past. In 2016, a Haitian LGBT festival was cancelled by the comissioner in face of threats. In 2017, a bill was submitted in the Senate that would've banned public demonstrations in support of homosexuality. It is believed to still be pending
Right to change legal gender in Haiti is illegal.
Current status
Illegal
Legal gender change is illegal in Haiti. Activists have campaigned for legislation in recent years.
Gender-affirming care in Haiti is restricted.
Current status
Restricted
Gender-affirming care is currently impossible in Haiti due to a lack of resources. Medical authorities often tell trans Haitians to "pray for a cure".
Legal recognition of non-binary gender in Haiti is not legally recognized.
Current status
Not legally recognized
Non-binary options missing.
LGBT discrimination in Haiti is illegal in some contexts.
Current status
Since Sep 10, 2014
Illegal in some contexts
Since 2014, there were some provisions in human resources and labour inspection that protect people from discrimination on the basis of sexual orientation in Haiti.
Until Sep 9, 2014
No protections
There were no discrimination protections for LGBT people under Haiti's current constitution or penal code until 2014.. It is worth noting the constitution does make certain guarantees to all citizens, including a right to health care, housing, education, food and social security. A penal code granting these protections and the legalization of abortion was decreed in 2020 by the President of Haiti in 2020 and was initially delayed for 24 months, but was further delayed after outrage from politicians and citizens. Legalization may finally occur in June 2024 if allowed to take effect
LGBT employment discrimination in Haiti is sexual orientation only.
Current status
Since Sep 10, 2014
Sexual orientation only
There are legal provisions issued by the government that explicitly mention sexual orientation as a protected category against discrimination in employment:
-Human Resources Management Policies, Standards, and Procedures Manual (2014) issued by the Office of Management and Human Resources (OMRH).
-Labor Inspection Manual (2017).
-Workplace Code of Conduct (2018).
-Code of Ethics of the Ministry of Economy and Finance (2022) .
-Human Resources Management Policies, Standards, and Procedures Manual (2014) issued by the Office of Management and Human Resources (OMRH).
-Labor Inspection Manual (2017).
-Workplace Code of Conduct (2018).
-Code of Ethics of the Ministry of Economy and Finance (2022) .
LGBT housing discrimination in Haiti is no protections.
Current status
No protections
There are currently no discrimination protections for LGBT folks under Haiti's current constitution or penal code in the realm of housing. A penal code granting these protections and the legalization of abortion was decreed in 2020 by the President of Haiti in 2020 and was initially delayed for 24 months, but was further delayed after outrage from politicians and citizens. Legalization may finally occur in June 2024 if allowed to take effect
Intersex infant surgery in Haiti is not banned.
Current status
Not banned
Surgery on intersex infants is legal in Haiti but not reported.
Serving openly in military in Haiti is legal.
Current status
Since Nov 17, 2017
Legal
Haiti does have a small armed forces. There is nothing to suggest LGBT individuals can't enlist in the military but there are also no known cases of LGBT individuals in the Haitian Armed Forces.
Blood donations by MSMs in Haiti is legal.
Current status
Legal
There are no known policies barring homosexuals from donating blood, but blood donations themselves seem tedious to provide, the nation has found itself in constant shortage in recent decades.
Conversion therapy in Haiti is not banned.
Current status
Not banned
Conversion therapy is legal and widespread in Haiti.
Equal age of consent in Haiti is equal.
Current status
Since Jan 1, 1791
Equal
The age of consent is equalized at the age of 18 in Haiti.
LGBT Rights by Department
View the LGBT laws in each individual department of Haiti.
Equality Rank
#161
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Alternative names: Haïti/Dayti (local name)
