Homosexuality was never criminalised in the Democratic Republic of the Congo.

The 2006 amendments to the Constitution of the Democratic Republic of the Congo explicitly prohibit same-sex marriage. Article 40 in the Dem. Rep. of Congo's constitution states "Every individual has the right to marry the person of their choice, of the opposite sex."

While no law specifically prohibits consensual same-sex sexual conduct between adults, individuals engaging in public displays of consensual same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions in the 1940 Penal Code, which were rarely applied to opposite-sex couples. A local NGO reported authorities rarely took steps to investigate, prosecute, or punish officials who committed abuses against LGBTQI+ persons, whether in the security forces or elsewhere in the government.

Identifying as LGBTQI+ remained a cultural taboo. LGBTQI+ individuals were subjected to harassment, stigmatization, and violence, including "corrective" rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTQI+ individuals.

There are no laws allowing trans people to change their legal gender in DRC.

In the Democratic Republic of the Congo (DRC), there are no specific laws regulating gender-affirming care. Access to such care may be limited due to various factors, including societal stigma, lack of awareness among healthcare providers, and limited resources within the healthcare system. Additionally, there may be a lack of specific legal protections or regulations regarding gender-affirming treatments or procedures. As a result, individuals seeking gender-affirming care in the DRC may face challenges in accessing appropriate and comprehensive healthcare services.

As there is no protocol for legal gender changes in DR Congo, non-binary self-identification is defacto not recognized.

Some legal protections based on sexual orientation/preference are in place.

Ministerial Order No. 012/CAB.MIN/ETPS/062/08 (2008) states that "Any private employment service is prohibited from issuing or publishing job vacancy announcements or job offers containing indications of discrimination based on sexual preference."

Articles 3 and 4 of the Law on the Protection of the rights of people living with HIV/AIDS and of those affected (2008) prohibit acts of stigmatization and discrimination against people living with HIV/AIDS, their sexual partners, their children or parents based on their “proven or suspected HIV status”. Among those protected by the law under the category of “vulnerable groups”, Article 2(5) includes “homosexuals”.

Article 132 of Law 20/017 (2020) states: "The collection and processing of personal data revealing racial, ethnic or regional origin, parentage, political opinions, religious or philosophical beliefs, trade union membership, sexual life, genetic data or, more generally, data relating to the state of health of the person concerned is prohibited."

Article 245(2) of Law 23/10 on the Digital Code (2023) offers protection of personal data that reveals data concerning a person's natural sex life or sexual orientation.

Employment discrimination against LGBT people is not restricted and is reportedly quite widespread.

Housing discrimination against LGBT people is not legally restricted.

Article 653 of the Congolese Family Code prohibits the adoption of a child by, among others, “homosexuals or transsexuals”.

Also, article 20 of Law No. 09/001 on the Protection of the Child (2009) prohibits the adoption of a child by a homosexual couple in the same way as paedophiles and persons with psychological disorders.

There is no ban on surgeries performed on intersex infants in the Democratic Republic of Congo.

There is no law banning or restricting LGBTIQ+ people from serving the military in the Democratic Republic of the Congo.

There are no official sources from the Ministry of Health regarding the requirements for donating blood. The hostile situation regarding access to health care for LGBT people makes it unlikely that they can donate blood without facing legal and social discrimination.

Conversion therapy is legal and widespread in the Democratic Republic of the Congo.

The age of consent for homosexual relations is equal to that for heterosexual ones in the Democratic Republic of the Congo.