Hardap is governed by federal Namibia law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Foreign same-sex marriages recognized only
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ Sexual orientation only
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- Ambiguous
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Hardap is lacking public opinion data.
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Homosexual activity in Hardap is legal.
Current status
Since Jun 21, 2024
Legal
A Namibian High Court ruled that certain Namibian laws which criminalized sodomy were unconstitutional. The laws had been in place since right after Namibia gained independence. The three judges in the High Court said in a joint ruling that the laws that had banned “sodomy” and "unnatural sexual offenses" between men were unfair discrimination and should be removed.
Male illegal, female legal
When Namibia gained independence from South Africa in 1990, they inherited the Roman-Dutch common law. The law criminalizes sodomy and unnatural sexual offences. This law is only applied toward sodomy performed by men. The High Court was expected to rule on the matter of the legality of homosexuality in Namibia on May 17, 2024, but decided to postpone this matter until June.
Censorship of LGBT issues in Hardap is no censorship.
Current status
No censorship
In Namibia, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Hardap is legal, but requires surgery.
Current status
Legal, but requires surgery
It was reported in 2015 that applications for change of sex are done on a case-by-case basis and are not problematic, as long as a person can provide medical reports of their sex change, which includes undergoing sex reassignment surgery. Once the application is granted, a transgender person can apply for a new identity document and passport.
Gender-affirming care in Hardap is legal.
Current status
Since Jan 1, 2015
Legal
In Namibia, medical transitions between the sexes are legal.
Legal recognition of non-binary gender in Hardap is not legally recognized.
Current status
Not legally recognized
There is no legal recognition of non-binary identities in Namibia.
LGBT discrimination in Hardap is illegal in some contexts.
Current status
Since Oct 21, 2021
Illegal in some contexts
"A Namibian court has found that the constitution bans discrimination based on sexual orientation."
LGBT employment discrimination in Hardap is sexual orientation only.
LGBT housing discrimination in Hardap is sexual orientation only.
Current status
Since Oct 21, 2021
Sexual orientation only
"A Namibian court has found that the constitution bans discrimination based on sexual orientation."
Same-sex adoption in Hardap is legal.
Current status
Since May 16, 2023
Legal
In Namibia, only married couples may adopt. While gay marriage is not legal, gay marriages performed in other countries are recognized in Namibia. Since gay marriages are recognized, gay people who are married and their marriage is recognized by Namibia may adopt.
Although in March of 2023, a Namibian court overturned the decision that made a child the son of a gay couple, this was because they had broken a law. The law they broke was failing to register the birth with Namibian authorities within a year.
Although in March of 2023, a Namibian court overturned the decision that made a child the son of a gay couple, this was because they had broken a law. The law they broke was failing to register the birth with Namibian authorities within a year.
Intersex infant surgery in Hardap is not banned.
Current status
Not banned
No laws banning it.
Serving openly in military in Hardap is ambiguous.
Current status
Ambiguous
No known laws prohibit
Blood donations by MSMs in Hardap is legal.
Current status
Legal
No laws against it
Conversion therapy in Hardap is not banned.
Current status
Not banned
Unknown.
Legal Rights
64 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Hardap to help improve its accuracy.
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Hardap LGBT Organizations
There are no organizations listed in Hardap. Suggest one
