LGBTQ rights in South Africa
LGBTQ rights in South Africa | |
|---|---|
| Legal status | Male legal since 1998, female never illegal; age of consent equalised in 2007 |
| Gender identity | Change of legal gender permitted since 2003 |
| Military | Allowed to serve |
| Discrimination protections | Constitutional and statutory protections (see below) |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2006 |
| Adoption | Full adoption rights since 2002 |
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Africa have the same legal rights as non-LGBTQ people. South Africa has a complex and diverse history regarding the human rights of LGBTQ people. The legal and social status of between 450,000 to over 10 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.
South Africa's post-apartheid Constitution was the first in the world to outlaw discrimination based on sexual orientation, and in 2006, South Africa became the fifth country in the world and the first and only nation in Africa to legalise same-sex marriage. Same-sex couples can also adopt children jointly, and also arrange IVF and surrogacy treatments. LGBTQ people have constitutional and statutory protections from discrimination in employment and society, the provision of goods and services and many other areas.
Nevertheless, LGBTQ Black South Africans, particularly those outside of the major cities, do continue to face some challenges, including homophobic violence (particularly corrective rape), and high rates of HIV/AIDS infection.