Laws

SAINT HELENA, ASCENSION ISLAND, TRISTAN DA CUNHA

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Saint Helena, Ascension and Tristan da Cunha are part of the British Overseas Territories and not a sovereign nation. The Saint Helena Constitution took effect in 2009 and provided that the island would be governed by a Governor and Commander-in-Chief, and an elected Executive and Legislative Council. The Territory is an Overseas Country or Territory of the European Union.

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Age of Consent Legislation/Cases/References
1.

Territory

Consensual sex between same sex couples is understood to be equalised and lawful at age sixteen (16).

R1.1 ILGA: State-sponsored Homophobia 3.33MB, PDF at fn 39, 15 MAY 09
Chapter 23 Criminal Procedure Ordinance PDF 771.05kb, Sections 133-135 (Accessed 23 JUN 13)
Discrimination Legislation/Cases/References
1.

Territory

On 01 September 2009, the St Helena, Ascension and Tristan da Cunha Constitution Order 2009 came into force

Part 2 Fundamental Rights and Freedoms of the Individual

Section 5 provides:

Whereas every person in St Helena is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, without distinction of any kind, such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, age, disability, birth or other status, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following–

(a)life, liberty, security of the person and the protection of the law;

(b)freedom of conscience, of expression and of assembly and association;

(c)protection for his or her private and family life, the privacy of his or her home and other property; and

(d)protection from deprivation of property save in the public interest and on payment of fair compensation,

this Part shall afford protection to these rights and freedoms, and to related rights and freedoms, subject to the limitations contained in this Part, being limitations designed to ensure that the enjoyment of the protected rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest [L1.1].

Section 21 provides:

(2) … no person shall be treated in a discriminatory manner by any organ or officer of the executive or judicial branches of government or any person acting in the performance of the functions of the St Helena Public Service or any public authority.

(3) In this section, the expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, age, disability, birth or other status.

Similar provisions are made in Chapter 2 Ascension Island (Section 137) and Chapter 3 Tristan de Cuhna (Section 203).

L1.1 The St Helena, Ascension and Tristan da Cunha Constitution Order 2009 (Accessed 23 JUN 13)
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

In 2001, consensual sex between same-sex couples became lawful [R1.1]

R1.1 ILGA: State-sponsored Homophobia 3.33MB, PDF at fn 18, 15 MAY 13

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