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Public Opinion

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History

Homosexual activity in Wallis and Futuna

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Homosexual activity in Wallis and Futuna is legal.

Current status
Legal
Consensual same-sex sexual acts between adults were never criminalized.
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Same-sex marriage in Wallis and Futuna

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Same-sex marriage in Wallis and Futuna is legal.

Current status
Since May 18, 2013
Legal
In France, the Law Opening Marriage to Same-Sex Couples (Law No. 2013-404) (2013) amended the Civil Code to legalise same-sex marriages. This law applies to Wallis and Futuna.
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Jun 9, 2009–May 17, 2013
Civil unions (marriage rights)
The French National Assembly voted to approve the extension of PACS to New Caledonia and Wallis and Futuna. Article 70 of Law 2009-549 (2009) amended Article 14 of Law No. 99-944 (1999) to make the French Civil Solidarity Pact applicable to Wallis and Futuna.

Censorship of LGBT issues in Wallis and Futuna

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Censorship of LGBT issues in Wallis and Futuna is no censorship.

Current status
No censorship
In Wallis and Futuna, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Wallis and Futuna

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Right to change legal gender in Wallis and Futuna is legal, no restrictions.

Current status
Since Sep 1, 2018
Legal, no restrictions
Under French law, individuals can legally change their gender. Sex assignment surgery is state-funded, and court approval is required to change gender markers and first names.

Gender-affirming care in Wallis and Futuna

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Gender-affirming care in Wallis and Futuna is legal.

Current status
Since Jan 1, 1975
Legal
Under French law, Wallis and Futuna allows transition care for both adults and minors. Minors can access puberty blockers, hormone replacement therapy, and in some cases, mastectomies. Genital surgeries are however reserved for adults.

Legal recognition of non-binary gender in Wallis and Futuna

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Legal recognition of non-binary gender in Wallis and Futuna is not legally recognized.

Current status
Since Mar 2016
Not legally recognized
France does not legally recognise the non-binary gender. Therefore, Wallis and Futuna, a French territory, also does not and cannot recognise the non-binary gender.

Hate crime protections in Wallis and Futuna

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Hate crime protections in Wallis and Futuna is sexual orientation and gender identity.

Current status
Sexual orientation and gender identity
Articles 132-76 and 132-77 on aggravating circumstances provide that the maximum of the custodial sentence incurred is increased when a crime or offense is preceded, accompanied or followed by words, writings, images, objects or acts of any kind that either offend against the honour or consideration of the victim or the group of persons of which the victim is a member on “the grounds of his or her membership or non-membership, actual or supposed, of a particular race, ethnic group, nation or religion”, “his or her sex, sexual orientation or actual or supposed gender identity, or establish that the acts were committed against the victim for one of these reasons”.
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LGBT discrimination in Wallis and Futuna

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LGBT discrimination in Wallis and Futuna is illegal.

Current status
Since Dec 30, 2004
Illegal
Under French federal law, discrimination against one's sexual orientation and/or gender identity is illegal.

LGBT employment discrimination in Wallis and Futuna

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LGBT employment discrimination in Wallis and Futuna is sexual orientation and gender identity.

Current status
Since Jul 31, 2012
Sexual orientation and gender identity
Article 1 of Law No. 2001-1066 (2001) amended Article 122-45 of the Labour Code to afford explicit protection from discrimination based on "sexual orientation" in employment. It also amended Article 225-2 of the Penal Code (1994) to criminalise acts of discrimination in employment based on "sexual orientation", specifically when the discriminatory action consisted a refusal to hire, admonishment or dismissal based on "sexual orientation" (at 225-2.3), making an offer of employment, internship request, or training (at 225- 2.5), or refusal to accept a person for an internship (at 225-2.6) on such grounds.
In 2008, Article 122-45 was replaced by Article L1132-1 in the Labour Code (2008), which was located under the Chapter establishing the principle of non-discrimination, keeping the explicit protection based on "sexual orientation" in employment. This provision replaced article L122-45.
In 2013, Article 1 of the Law Opening Marriage to Same-Sex Couples (Law No. 2013-404) (2013) inserted Art. 1132-3-2 to the Labour Code establishing that no employee may be sanctioned, dismissed or be the subject of a discriminatory measure referred to in Article L1132-1 (cited above) for “having refused, because of their "sexual orientation", a geographical transfer to a State criminalising homosexuality”.
Note : prior to the enactment of Law No. 2001-1066 (2001), French law did not include any reference to the term “sexual orientation”. However, it has been argued that there has been some form protection against discrimination based on sexual orientation, first in criminal matters since 1985, under Law No. 85-772 (1985), and then in labour law under Law No. 86-76 (1986) and then under Law No. 92-1446 (1992). These laws did not speak to “sexual orientation”: the term chosen was that of “mœurs” (French equivalent for “manners”. Articles 225-1 and 225-2 of the Penal Code (1994), as amended by Law on Sexual Harassment (Law No. 2012-954) (2012), banned discrimination based on "sexual identity". Moreover, Article L1132-1 in the Labour Code, as amended also by Law No. 2012-954 (2012), explicitly bans discrimination based on "sexual identity" in employment.
Since the adoption of the Law on modernisation of the justice of the 21th Century (Law No. 2016-1547) (2016), the terminology has been changed to "gender identity" in both texts.
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LGBT housing discrimination in Wallis and Futuna

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LGBT housing discrimination in Wallis and Futuna is sexual orientation and gender identity.

Current status
Since 2014
Sexual orientation and gender identity
Article 158 of Law No. 2002-73 (2002) amended Article 1 of Law No. 89-462 (1989) to prohibit a landowner from discriminating against tenants on the basis of "sexual orientation".
In 2014, Law No. 2014-366 (2014) modified the provision, but kept the prohibition of discrimination based on "sexual orientation.
In 2014, Law No. 2014-366 (2014) amended Article 1 of Law No. 89-462 (1989) to prohibit a landowner from discriminating against tenants on the grounds established by Article 225-1 of the Penal Code, which includes "gender identity"
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Same-sex adoption in Wallis and Futuna

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Same-sex adoption in Wallis and Futuna is legal.

Current status
Since May 7, 2013
Legal
Under French law, same-sex couples can adopt children.
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Intersex infant surgery in Wallis and Futuna

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Intersex infant surgery in Wallis and Futuna is not banned.

Current status
Not banned
The French government has reportedly not attempted to protect intersex infants from genital "normalisation" surgery.
Sources:
www.state.gov/reports/2023-… §6.6, Paragraph 9
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Serving openly in military in Wallis and Futuna

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Serving openly in military in Wallis and Futuna is unknown.

Current status
Unknown

Blood donations by MSMs in Wallis and Futuna

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Blood donations by MSMs in Wallis and Futuna is legal.

Current status
Since Mar 16, 2022
Legal
In 2022, France removed the deferral period for gay and bi men donating blood, replacing it with a new policy that applies to all donors, regardless of sexual orientation. This also applies to Wallis and Futuna
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Conversion therapy in Wallis and Futuna

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Conversion therapy in Wallis and Futuna is banned.

Current status
Since Jan 26, 2022
Banned
From 2022, French law bans conversion therapy.

Equal age of consent in Wallis and Futuna

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Equal age of consent in Wallis and Futuna is equal.

Current status
Since 1984
Equal
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