« Art 331– Without prejudice to the more severe penalties provided for in the preceding paragraphs or by articles 332 and 333 of this Code, shall be punished by imprisonment for two to five years and a fine of 2,000,000 Ariary to 20,000,000 Ariary to whoever will have committed an indecent or unnatural act with an individual of his sex minor of less than twenty-one years.»
Madagascar is coming under review on the Convention of the Rights of the Child this coming December 2020. ONG Réseau Madagascar Solidarité LGBT is writing a shadow report on 3 main issues for young LGBT+ in Madagascar:
- lowering the age of HIV testing from 18 years old to 16 years old without parental consent. As the need of parental agreement has been shown to be a barrier to HIV testing in under 18 years old; because of the stigmatisation of gay people in the Malagasy culture.
- Increasing the age of sexual consent to 16 years old for heterosexual relationship (14 years old as of today) Indecent assault Law
- Lowering the age of sexual consent to 16 years old for homosexual relationship (21 years old as of today) Indecent assault law
The reasoning behind lobbying for those changes is that Malagasy law discriminate against same-sex relationship by having different sexual ages of consent for heterosexuals and homosexuals.
- PART 1: 4. Please provide information on any legislative measures taken to abrogate the exception to the minimum age of marriage and on measures taken to prohibit child marriage and informal unions without exception. Please provide information on the awareness-raising measures taken in collaboration with parents and community leaders to challenge social norms regarding the acceptability of child marriage. Please describe the steps taken to establish a minimum age for sexual consent.
- PART 1: 5. Please provide information on the specific, cross-cutting measures taken to end the discrimination and inequality faced by children, particularly girls, children with disabilities, children living with HIV or AIDS and children in rural areas. Please indicate whether children have the opportunity to be heard in all judicial and administrative proceedings concerning them, including proceedings relating to decisions on custody, placement in alternative care settings and adoption.
- PART 3: 17. Please provide, if available, updated statistical data disaggregated by age, sex, ethnic origin, national origin, geographic location and socioeconomic status, for the past three years, on: (d) Children affected by sexually transmitted infections, including HIV, and children living with AIDS.
Lowering the age of sexual consent from 21 years old to 16 years old for same-sex relationships is our priority.