LGBT rights in the British Virgin Islands
Encyclopedia
LGBT rights in the British Virgin Islands are seen to be restricted in comparison to most Western countries
.
is technically a criminal offence under British Virgin Islands
law as the crime of buggery
under the British Virgin Islands Criminal Code
, buggery between two consenting adult males in private has been expressly legalized by an Order in Council in the British Virgin Islands (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7). According to section 4 of the order, the law was passed retrospectively. However there were two excpetions to the law where group gay sex , or sex in public, remains a criminal offence and may also lead to a charge under gross indecency
and other minor sexual offence laws . Other homosexual acts have not been expressly legalised, although it is not clear that they ever amounted to a criminal offence in any event.
As a British overseas territory, the British Virgin Islands Government is required to comply with their obligations under the international human rights instruments which have been extended to them. Specifically this includes an adherence to the European Convention of Human Right which highlight a responsibility to ensure non discrimination.
in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious and highly homophobic society, and any prospects of legalisation appear remote. Although the draft constitution also prohibits discrimination against people on the basis of sexual orientation, it is unlikely that this would be interpreted as a basis for judicial legalisation
of same-sex marriage.
Western world
The Western world, also known as the West and the Occident , is a term referring to the countries of Western Europe , the countries of the Americas, as well all countries of Northern and Central Europe, Australia and New Zealand...
.
Law regarding same-sex sexual activity
Although anal sexAnal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
is technically a criminal offence under British Virgin Islands
British Virgin Islands
The Virgin Islands, often called the British Virgin Islands , is a British overseas territory and overseas territory of the European Union, located in the Caribbean to the east of Puerto Rico. The islands make up part of the Virgin Islands archipelago, the remaining islands constituting the U.S...
law as the crime of buggery
Buggery
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...
under the British Virgin Islands Criminal Code
British Virgin Islands Criminal Code
The British Virgin Islands Criminal Code is a statute of the British Virgin Islands which consolidates almost all of the indictable offences under the Territory's criminal law....
, buggery between two consenting adult males in private has been expressly legalized by an Order in Council in the British Virgin Islands (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7). According to section 4 of the order, the law was passed retrospectively. However there were two excpetions to the law where group gay sex , or sex in public, remains a criminal offence and may also lead to a charge under gross indecency
Gross indecency
Gross indecency is a UK and Canadian legal term of art which was used in the definition of the following criminal offences:*Gross indecency between men, contrary to section 11 of the Criminal Law Amendment Act 1885 and later contrary to section 13 of the Sexual Offences Act 1956.*Indecency with a...
and other minor sexual offence laws . Other homosexual acts have not been expressly legalised, although it is not clear that they ever amounted to a criminal offence in any event.
As a British overseas territory, the British Virgin Islands Government is required to comply with their obligations under the international human rights instruments which have been extended to them. Specifically this includes an adherence to the European Convention of Human Right which highlight a responsibility to ensure non discrimination.
Recognition of same-sex relationships
Conversely, same-sex marriageSame-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious and highly homophobic society, and any prospects of legalisation appear remote. Although the draft constitution also prohibits discrimination against people on the basis of sexual orientation, it is unlikely that this would be interpreted as a basis for judicial legalisation
Judicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
of same-sex marriage.
See also
- Politics of the British Virgin IslandsPolitics of the British Virgin IslandsPolitics of the British Virgin Islands takes place in a framework of a parliamentary representative democratic dependency, whereby the Premier is the head of government, and of a multi-party system. The British Virgin Islands are an internally self-governing overseas territory of the United Kingdom...
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...