LGBT Rights in Tanzania - Discrimination Protections

Discrimination Protections

There is no protection in Tanzanian constitutional or statutory law specifically against discrimination based on sexual orientation or gender identity. Three broadly worded articles of the Tanzanian constitution, however, arguably outlaw that discrimination.

• Article 12 states:

(1) All human beings are born free, and are all equal.

(2) Every person is entitled to recognition and respect for his dignity.

• Article 13 states:

(1) All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.

(2) No law enacted by any authority in the United Republic shall make any provision that is discriminatory either of itself or in its effect.

(3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.

(4) No person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or business of any state office.

(5) For the purposes of this Article the expression "discriminate" means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion or station in life such that certain categories of people are regarded as weak or inferior and are subjected to restrictions or conditions whereas persons of other categories are treated differently or are accorded opportunities or advantage outside the specified conditions or the prescribed necessary qualifications.

• Article 16(1) states:

Every person is entitled to respect and protection of his person, the privacy of his own person, his family and of his matrimonial life, and respect and protection of his residence and private communications.