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LGBT Rights in Moka
District

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Public Opinion

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History

Homosexual activity in Moka

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Homosexual activity in Moka is legal.

Current status
Since Oct 4, 2023
Legal
Five members of the LGBT community won their case before the Supreme Court on Wednesday, October 4, 2023. In an initial verdict by Justices David Chan Kan Cheong and Karuna Devi Gunesh-Balaghee, they ruled that section 250(1) of the Penal Code, which seeks to criminalise sodomy, is discriminatory and unconstitutional. This, insofar as it prohibits consensual sodomy between consenting male adults.
Details
Sources:
defimedia.info/cour-supreme…
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Dec 29, 1838–Oct 3, 2023
Male illegal, female legal
Homosexual activity was illegal in Mauritius until 2023; however, the law criminalizing it was unenforced.
Details
Sources:
www.reuters.com/article/mau…
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Same-sex marriage in Moka

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Same-sex marriage in Moka is unrecognized.

Current status
Unrecognized
Reportedly a bill to legalise same-sex marriage is being looked into but nothing has come of this inquiry yet.
Details
Sources:
youngqueeralliance.com/2016…
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Censorship of LGBT issues in Moka

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Censorship of LGBT issues in Moka is no censorship.

Current status
No censorship
In Mauritius, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
Sources:
www.state.gov/reports/2023-… - Section 6.6 paragraph 6
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Right to change legal gender in Moka

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Right to change legal gender in Moka is illegal.

Current status
Illegal
Transgender people aren't currently allowed to change their gender marker on official documents.
Details
Sources:
www.lexpress.mu/article/303…

www.state.gov/reports/2022-…
www.state.gov/reports/2023-… - Section 6.6 paragraph 4
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Gender-affirming care in Moka

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Gender-affirming care in Moka is legal.

Current status
Legal
Gender-affirming healthcare is legal in Mauritius but is in practice limited to trans Mauritians due to a lack of recognition and costs.
Details
Sources:
africlaw.com/2024/08/23/mis…
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Legal recognition of non-binary gender in Moka

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Legal recognition of non-binary gender in Moka is intersex only.

Current status
Since Aug 5, 2021
Intersex only
Section 13(1B) of the Civil Status Act (2021 amendment) reads: Where the sex of a newborn cannot be determined due to congenital anomalies at the time of birth or stillbirth, the officer shall register the sex as “undetermined”.
Details
Sources:
csd.govmu.org/DocumentsList…

www.state.gov/reports/2022-…
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Until Aug 4, 2021
Not legally recognized
Until 2021, there was no legal recognition provided for intersex or nonbinary people in Mauritius.
Details
Sources:
csd.govmu.org/DocumentsList…
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LGBT discrimination in Moka

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LGBT discrimination in Moka is illegal in some contexts.

Current status
Since Jan 1, 2012
Illegal in some contexts
Discrimination on the basis of sexual orientation is prohibited in Mauritius under the Equal Opportunities Act of 2008 which took effect in 2012. However, gender identity remains unprotected.
Details
Sources:
www.scribd.com/document/971…
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Until Dec 31, 2011
No protections
Until 2012, there were no protections from discrimination provided to LGBTIQ+ people in Mauritius.
Details
Sources:
www.scribd.com/document/971…
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LGBT employment discrimination in Moka

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LGBT employment discrimination in Moka is sexual orientation only.

Current status
Since Jan 1, 2012
Sexual orientation only
Article 2 of the Equal Opportunities Act 2008, prohibits discrimination in employment and other activities on many grounds, including sexual orientation. The act came into effect in 2012. However, gender identity remains unprotected.
Details
Sources:
www.scribd.com/document/971…
www.ilo.org/wcmsp5/groups/p…
ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_126781.pdf.
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Until Dec 31, 2011
No protections
Until 2012, there were no protections from discrimination in employment provided to LGBTIQ+ people in Mauritius.
Details
Sources:
www.scribd.com/document/971…
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LGBT housing discrimination in Moka

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LGBT housing discrimination in Moka is sexual orientation only.

Current status
Since Jan 1, 2012
Sexual orientation only
Under the Equal Opportunities Act of 2008, effective 2012, discrimination on the basis of sexual orientation is prohibited in housing.
Details
Sources:
www.scribd.com/document/971…
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Until Dec 31, 2011
No protections
Until 2012, there were no protections from discrimination in housing provided to LGBTIQ+ people in Mauritius.
Details
Sources:
www.scribd.com/document/971…
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Same-sex adoption in Moka

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Same-sex adoption in Moka is single only.

Current status
Single only
According to a 2006 report, adoptive parents may be either single or married. LGBT persons are not specifically disqualified. According to the ILGA, both joint and stepchild adoption by same-sex couples are not legal.
Details
Sources:
web.archive.org/web/2018040…
ilga.org/downloads/ILGA_Wor… (page 325)
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Intersex infant surgery in Moka

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Intersex infant surgery in Moka is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Mauritius but not reported.
Details
Sources:
www.state.gov/reports/2023-…
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Serving openly in military in Moka

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Serving openly in military in Moka is n/a.

Current status
N/A
Mauritius does not have a standing army.
Details
Sources:
2009-2017.state.gov/outofda…
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Blood donations by MSMs in Moka

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Blood donations by MSMs in Moka is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
The National Blood Transfusion Service disqualifies men who have at any point had sexual contact with another man.
Details
Sources:
www.state.gov/reports/2023-… - Section 6.6 paragraph 3
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Conversion therapy in Moka

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Conversion therapy in Moka is not banned.

Current status
Not banned under federal Mauritius law
Conversion therapy is legal in Mauritius but not widely practiced.
Details
Sources:
www.state.gov/reports/2023-…
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Equal age of consent in Moka

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Equal age of consent in Moka is equal.

Current status
Since Oct 4, 2023
Equal
Age of consent in Mauritius is 16 regardless of sexual orientation.
Details
Sources:
www.ohchr.org/sites/default…
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Equality Index ?
53 / 100
Legal Rights
55 / 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 Moka to help improve its accuracy.

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Moka LGBT Organizations

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Common queries:
  • Is it illegal to be gay in Moka?
  • Is homosexuality legal in Moka?
  • Is gay marriage legal in Moka?

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