LGBT rights in Gibraltar
Encyclopedia
In Gibraltar
, the age of consent is 16 for heterosexuals
and lesbian
s, while the age of consent for gay
males was maintained at 18, while anal sex among heterosexuals is illegal under statute, until April 2011 when under Supreme Court order the law was found to be unconstitutional and so the age of consent was set at 16 for all sexual activity regardless of sexuality and/or gender. Gay male sexual conduct was decriminalised
(but not heterosexual anal sex) in 1993, where the above conditions were defined.
The 2006 Constitution
does not mention sexual orientation
. The proposals, made public early March 2002, specifically omitted direct reference to "sexual orientation" as a category to be constitutionally protected. Other categories are clearly included.
Political campaigning prior to the 2007 Election was prominent with equality rights organisation Gib Gay Rights (GGR), headed by human rights campaigner Felix Alvarez
openly challenging the incumbent Chief Minister
, Peter Caruana
for more rights in Gibraltar for gay and lesbian people, and others who are discriminated against.
There is presently an inequality between English law
and that of the British overseas territories
, particularly in relation to Gibraltar, which joined the European Union
under the British accession
and is bound by EU requirements.
Campaigning on the issue of an equal age of consent of 16 has been strongly undertaken.
The issues were raised at the Foreign Affairs Committee enquiry into the overseas territories in 2008, where they concluded:
On 18 May 2009, the Gibraltar Parliament approved by Government majority leave for a Private member's bill
, proposed by the Minister for Justice
, to equalise the age of consent. This was opposed by the GSLP/Liberal
opposition for technical reasons due to the way the Bill was written. The Government gave its Members of Parliament a free vote on the Bill. It was defeated, as the Government members were split on its approval, and the opposition members all voted against it.
The influential Gibraltar Women's Association (GWA) has called for the age consent to be levelled at 18.
On 1 October 2009, new proposed legislation would enable the Government of Gibraltar to ask the Supreme Court
to test whether existing or draft laws are compatible with the Constitution. This would provide a simplified, purpose-built mechanism to deal with contentious issues such as the age of consent.
In March 2010, the Government of Gibraltar was seeking an opinion from Court of the age of consent legal issue to see if the law is discrimination under the principles of the European Council
.
On 1 April 2010, Secretary of State for Foreign and Commonwealth Affairs
David Miliband
pointed out that if a British overseas territory
is unwilling to meet 'international obligations' such as equalising the age of consent it may be imposed by an Order in Council.
On 8 April 2011, the Supreme Court of Gibraltar ruled that a higher age of consent of 18 for all gay sex was deemed unconstitutional, and thus mandated an equal age of consent of 16. Also at the same time decriminalised heterosexual anal sex and set the age of consent at 16 for that as well.
In August 2011, the new gender-neutral Crimes Act 2011 was approved, which sets an equal age of consent of 16 regardless of sexual orientation, and reflects the decision of the Supreme Court in statute.
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
, the age of consent is 16 for heterosexuals
Heterosexuality
Heterosexuality is romantic or sexual attraction or behavior between members of the opposite sex or gender. As a sexual orientation, heterosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, physical or romantic attractions to persons of the opposite sex";...
and lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
s, while the age of consent for gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
males was maintained at 18, while anal sex among heterosexuals is illegal under statute, until April 2011 when under Supreme Court order the law was found to be unconstitutional and so the age of consent was set at 16 for all sexual activity regardless of sexuality and/or gender. Gay male sexual conduct was decriminalised
Decriminalization
Decriminalization or Decriminalisation is the abolition of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply . The reverse process is criminalization.Decriminalization reflects changing social and moral views...
(but not heterosexual anal sex) in 1993, where the above conditions were defined.
The 2006 Constitution
Gibraltar Constitution Order 2006
The Gibraltar Constitution Order 2006 was taken to a referendum in Gibraltar on 30 November 2006. A coalition of groups opposing the proposal held that a majority of 60% should be required to give effect to a new Constitution, quoting other instances...
does not mention sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
. The proposals, made public early March 2002, specifically omitted direct reference to "sexual orientation" as a category to be constitutionally protected. Other categories are clearly included.
Political campaigning prior to the 2007 Election was prominent with equality rights organisation Gib Gay Rights (GGR), headed by human rights campaigner Felix Alvarez
Felix Alvarez
Felix Alvarez is a Gibraltarian LGBT, human rights and green activist.-Early life:Felix Alvarez was born at Old St. Bernard’s Hospital, Gibraltar, to Felix and Laura Alvarez . As a young boy, he attended St...
openly challenging the incumbent Chief Minister
Chief Minister of Gibraltar
The Chief Minister of Gibraltar is the leader of the largest party elected to the Gibraltar Parliament, and is formally appointed by the Governor of Gibraltar, representative of the British Crown.-List of Chief Ministers:...
, Peter Caruana
Peter Caruana
Peter Richard Caruana, QC is a Gibraltarian politician, and has been Chief Minister of Gibraltar since 1996, when his party, the Gibraltar Social Democrats , first came to power. His party was re-elected to office in 2000, 2003 and 2007...
for more rights in Gibraltar for gay and lesbian people, and others who are discriminated against.
There is presently an inequality between English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
and that of the British overseas territories
British overseas territories
The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
, particularly in relation to Gibraltar, which joined the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
under the British accession
Treaty of Accession
The Treaty of Accession can refer to the following treaties of the European Union:*Treaty of Accession 2005*Treaty of Accession 2003The following Acts of Accession:*Acts of Accession of Denmark, Ireland and the United Kingdom, signed on 22 January 1972...
and is bound by EU requirements.
Campaigning on the issue of an equal age of consent of 16 has been strongly undertaken.
The issues were raised at the Foreign Affairs Committee enquiry into the overseas territories in 2008, where they concluded:
- We recommend that the Government should take steps to ensure that discrimination on the basis of sexual orientation or gender status is made illegal in all overseas territories.
On 18 May 2009, the Gibraltar Parliament approved by Government majority leave for a Private member's bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
, proposed by the Minister for Justice
Minister for Justice
The Scottish Cabinet Secretary for Justice, commonly referred to as the Justice Secretary, is a cabinet position in the Scottish Government...
, to equalise the age of consent. This was opposed by the GSLP/Liberal
Gibraltar Liberal Party
The Gibraltar Liberal Party is a political party in Gibraltar. The party was founded in 1991 as Gibraltar National Party and is led by Dr...
opposition for technical reasons due to the way the Bill was written. The Government gave its Members of Parliament a free vote on the Bill. It was defeated, as the Government members were split on its approval, and the opposition members all voted against it.
The influential Gibraltar Women's Association (GWA) has called for the age consent to be levelled at 18.
On 1 October 2009, new proposed legislation would enable the Government of Gibraltar to ask the Supreme Court
Court system of Gibraltar
The Court system of Gibraltar is made up as follows:-Privy Council:The Judicial Committee of the Privy Council in London is the highest Court of Appeal for Gibraltar and hears appeals from the Gibraltar Court of Appeal.-Court of Appeal:...
to test whether existing or draft laws are compatible with the Constitution. This would provide a simplified, purpose-built mechanism to deal with contentious issues such as the age of consent.
In March 2010, the Government of Gibraltar was seeking an opinion from Court of the age of consent legal issue to see if the law is discrimination under the principles of the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
.
On 1 April 2010, Secretary of State for Foreign and Commonwealth Affairs
Secretary of State for Foreign and Commonwealth Affairs
The Secretary of State for Foreign and Commonwealth Affairs, commonly referred to as the Foreign Secretary, is a senior member of Her Majesty's Government heading the Foreign and Commonwealth Office and regarded as one of the Great Offices of State...
David Miliband
David Miliband
David Wright Miliband is a British Labour Party politician who has been the Member of Parliament for South Shields since 2001, and was the Secretary of State for Foreign and Commonwealth Affairs from 2007 to 2010. He is the elder son of the late Marxist theorist Ralph Miliband...
pointed out that if a British overseas territory
British overseas territories
The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
is unwilling to meet 'international obligations' such as equalising the age of consent it may be imposed by an Order in Council.
On 8 April 2011, the Supreme Court of Gibraltar ruled that a higher age of consent of 18 for all gay sex was deemed unconstitutional, and thus mandated an equal age of consent of 16. Also at the same time decriminalised heterosexual anal sex and set the age of consent at 16 for that as well.
In August 2011, the new gender-neutral Crimes Act 2011 was approved, which sets an equal age of consent of 16 regardless of sexual orientation, and reflects the decision of the Supreme Court in statute.
Summary table
| Homosexuality legal |  |
| Equal age of consent | |
| Anti-discrimination laws in employment only | |
| Anti-discrimination laws in the provision of goods and services |  |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
| Recognition of same-sex couples | |
| Adoption by same-sex couples | |
| Gays allowed to serve in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| MSMs Men who have sex with men Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual... allowed to donate blood |
|
See also
- LGBT rights in EuropeLGBT rights in EuropeLesbian, gay, bisexual, transgender rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples...
- Age of consent in Europe
External links
- http://www.equalityrightsggr.blogspot.com/
- Age of Consent: Gib Govt could provoke international stand-off (17 May 2009)
- GGR takes Discrimination Violations to Council of Europe Ministers (11 January 2008)
- Gibraltar gays take age of consent fight to Europe (10 January 2008)
- Council of Europe Publishes Gibraltar Gay Discrimination Issue (9 January 2008)
- GWA states it can fight its own battles after Council of Europe officially tables Gib discrimination issue (8 January 2008)
- GGR takes Discrimination Violations to Council of Europe Ministers (8 January 2008)
- Govt has ‘no right to spy in bedrooms’ (16 November 2007)
- PM pledges action on Gibraltar age of consent (17 October 2007)
- "Interventions work best when confrunting issues head-on" (16 October 2007)
- Gay Rights Group Welcomes Intervention of British Prime Minister (16 October 2007)
- Gay Age of Consent Equality: ‘We Have Given Gibraltarian Government Long Enough’ (8 October 2007)
- Tatchell slams Gibraltar over gay rights (3 October 2007)
- Gibraltar gay rights record criticised (29 January 2007).
- Govt has ‘no right to spy in bedrooms’ (16 November 2007)
- Cashman Confirms Brown to Look Into Age of Consent Issue (22 October 2007)
- GGR: “No 6 is in Denial” (22 October 2007)
- PM pledges action on Gibraltar age of consent (17 October 2007)
- "Interventions work best when confrunting issues head-on" (16 October 2007)
- GGR Welcomes British PM’s Intervention on Age of Consent (16 October 2007)
- Gay Rights Group Welcomes Intervention of British Prime Minister (16 October 2007)
- MEP Cashman to Raise Gib Equality Issue Personally with PM Gordon Brown (9 October 2007)
- GGR Makes Submission to UK Parliament (9 October 2007 )
- Gay Age of Consent Equality: ‘We Have Given Gibraltarian Government Long Enough’ (October 2007)
- Tatchell slams Gibraltar over gay rights (3 October 2007)
- Gibraltar gay rights record criticised (29 January 2007).
- Equality Rights GGR press releases 2004 - Current