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Laws

GIBRALTER

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum, Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

Territory

Consensual sex between same-sex male couples is 18 years, compared to 16 years for heterosexuals and quaere lesbians [R1.1].


On 18 June 2009, a Private Members Bill aimed at equalising the age of consent for gay men in Gibraltar was defeated in parliament [R1.2].

In October 2007 the UK Prime Minister committed himself to ending the unequal age of consent in the self-governing territory [R1.3].

2.

Courts & Tribunals

In March 2010, Chief Minister Peter Caruana and Attorney General Ricky Rhoda, QC, asked the Supreme Court court to declare whether the difference between the age of consent for homosexuals compared to that for lesbian and heterosexual couples breaches the constitutional rights of gay males [R2.1].

R1.1 Rainbow Network: Gay Activist Ejected by Gibraltar Minister's Aides 25 OCT 01
R1.2 PinkNews.co.uk: Bill to equalise age of consent in Gibraltar defeated 18 JUN 09
R1.3 PinkNews.co.uk: Europe Questions UK About Gay Rights in Gibraltar 01 MAY 08
R2.1 Gibralter Chronicle: Courts set to decide on gay consent age 05 MAR 10
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [INHERITANCE], [MARRIAGE], [PROPERTY]
1.

Courts & Tribunals

On 14 December 2009, the 5–judge Judicial Committee of the Privy Council ruled that housing officials in Gibraltar discriminated against a lesbian couple because of their sexual orientation in denying them a joint tenancy in a government apartment [R1.1].

Previously:

In May 2009, a lesbian couple took their case to the Privy Council, the Court of Appeal having upheld a Supreme Court ruling that the government was entitled to protect the 'traditional family' by favouring straight married couples when allocating state housing [R1.2].

In August 2007, a lesbian couple launched legal action against the government of Gibralter over its failure to recognise their 19-year relationship [R1.3].

R1.1 The Advocate: Lesbians Win Gibraltar Housing Case 15 DEC 09
R1.2 PinkNews.co.uk: Lesbian couple to appeal in the UK over Gibraltar's housing policy 06 MAY 09
R1.3 MCV: Lesbians Rock Gibralter 23 AUG 07
Homosexuality, Sodomy Legislation/Cases/References
1.

Territory

In 1993, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, fn 125, MAY 08

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