Sint Eustatius is governed by federal Netherlands law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- 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
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Sint Eustatius is legal.
Current status
Since May 5, 1945
Legal
Canadian, British, Polish, Dutch, and American troops liberated the Netherlands during WW2 on this day.
Illegal (imprisonment as punishment)
During the German occupation of the Netherlands during World War II homosexuality was criminalized by Paragraph 175.
Legal
After liberated from the French, anti-sodomy laws were never introduced until the Nazi invasion in 1940
1730–1811
Illegal (death penalty as punishment)
Uncertain about punishments for homosexuality in the Dutch Republic.
Same-sex marriage in Sint Eustatius is legal.
Current status
Since Apr 1, 2001
Legal
The Netherlands became the first country in the world to legalize gay marriage. The Lower Chamber voted 109 in favor on the same-sex marriage, with 33 against on September 12, 2000. On December 19, the Higher Chamber votes 'yes' on the bill. Queen Beatrix ratified the law on December 21st and it went into effect on April 1, 2001.
Censorship of LGBT issues in Sint Eustatius is no censorship.
Current status
No censorship
In the Netherlands, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Sint Eustatius is legal, but requires medical diagnosis.
Current status
Since Dec 18, 2013
Legal, but requires medical diagnosis
In a landmark ruling, the Supreme Court ruled in favour of not requiring surgery to change one's gender on official documents. It is still required to get a medical diagnosis, however.
Gender-affirming care in Sint Eustatius is legal.
Current status
Since 1979
Legal
There are no major restrictions on the use or supply of gender affirming care in the Netherlands.
Restricted
In 1972, Netherlands legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Until 1972
Banned
Medical transition is not possible
Legal recognition of non-binary gender in Sint Eustatius is recognized.
Current status
Since 2018
Recognized
It has been possible to have an X on passports since 2018, but doing so required hiring an attorney and going through a costly process.
However, judges in Arnhem have ruled that a non-binary person does not have to involve an outside expert to assess whether they should be allowed to have X in their passport, rather than M or V.
However, judges in Arnhem have ruled that a non-binary person does not have to involve an outside expert to assess whether they should be allowed to have X in their passport, rather than M or V.
Until 2018
Intersex only
Article 19(c) of the Civil Code establishes that “if the child’s gender is doubtful, the birth certificate will record that the sex of the child could not be determined”. After three months, a doctor may issue a medical certificate stating whether the child’s gender is impossible to determine or concluding that the newborn must be recorded under a specific gender.
LGBT discrimination in Sint Eustatius is illegal.
Current status
Since Feb 2023
Illegal
Sexual orientation was added as a protected category from discrimination in the constitution of the Netherlands after votes in Senate and House Of Representatives were successful. Previously the Equal Rights Act of 1993 protected sexual orientation and had been interpreted to protect gender identity, expression and sex characteristics as well.
LGBT employment discrimination in Sint Eustatius is sexual orientation and gender identity.
Current status
Since Mar 12, 2019
Sexual orientation and gender identity
In 2019, the Netherlands added gender identity as a protected characteristic from employment discrimination.
Sexual orientation only
In 1993, the Netherlands passed the General Equal Treatment Act which prohibited employment discrimination on the basis of sexual orientation.
Intersex infant surgery in Sint Eustatius is not banned.
Current status
Not banned
In December 2019, the House of Representatives adopted a motion tabled by Vera Bergkamp and Kirsten van den Hul calling on the government to investigate the extent of intersex medical interventions in the Netherlands; however, so far, there have been no further updates on this motion.
Serving openly in military in Sint Eustatius is legal.
Current status
Since 1974
Legal
The Netherlands became the first country to allow gay soldiers to serve in the military openly.
Blood donations by MSMs in Sint Eustatius is legal.
Current status
Since Jan 1, 2024
Legal
Since January 1st, 2024, all restrictions on MSM’s donating blood have been lifted. They will be evaluated under the same criteria as everyone else.
Legal with restrictions
Sanquin concluded from research that the risk of blood-borne infections is minimal, and any man in a monogamous relationship with another man has been able to become a blood donor with no deferral based off sexuality since September 1st, 2021.
Banned (less than 6-month deferral)
In February 2019, the Sanquin blood bank, which is responsible for the collection, processing, and distribution of blood and blood products, shortened the deferral period down to 4 months.
Banned (1-year deferral)
The deferral for gay men donating blood after having sex was changed from an infinite deferral to a 12 month deferral in 2015.
Conversion therapy in Sint Eustatius is not banned.
Current status
Not banned
Conversion therapy is not banned in the Netherlands.
Legal Rights
90 / 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 Sint Eustatius to help improve its accuracy.
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