There is no legal protection against all forms of discrimination based on
sexual orientation or
gender identity. There is no general prohibition of employment discrimination based on sexual orientation in Vanuatu. However, Section 18.2(f) of the
Teaching Service Act 2013 () establishes the obligation of the Vanuatu Teaching Service Commission not to discriminate in recruitment, promotion, professional development, transfer and all other aspects of the management of its employees on the basis of "sexual preference". The
Right to Information Act 2016 (; ) gives Vanuatu citizens the right to access government-held documents, including documents held by ministries and government departments, statutory and regulatory bodies, public hospitals, local government councils, and any organizations providing public service and receiving government funds. Certain types of documents not available to the public include those containing "personal information", which is defined by the Act as "[...] information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour,
sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; [...]". Section 2(2)(j) of the
Harmful Digital Communications Act 2024 states that a digital communication must not denigrate an individual by reason of his or her colour, race, ethnic, island or national origins, political affiliation, religion, gender,
sexual orientation, or disability.
Public Prosecutor protections There are some protections based on
sexual orientation and sexual preference issued by The Office of the Public Prosecutor: • The Prosecution Policy 2003, states: "The Public Prosecutor may not let his personal views of the ethnic or national origin, gender, religious beliefs, political views or sexual preference of an offender, victim or witness influence his decisions." • The Prosecutors Code (Gazette no. 13 of 2017) states: "Prosecutors must also have regard to whether the offence was motivated by any form of discrimination against the victim’s ethnic or national origin, gender, disability, age, religion or belief,
sexual orientation or
gender identity; or the suspect demonstrated hostility towards the victim based on any of those characteristics. The presence of any such motivation or hostility will mean that it is more likely that prosecution is required. In deciding whether a prosecution is required in the public interest, prosecutors should take into account the views expressed by the victim about the impact that the offence has had. In appropriate cases, this may also include the views of the victim’s family." • The General Principles for obtaining the best evidence from vulnerable witnesses to Sexual and Gender-Based Violence offences, states: "Vulnerable witnesses should not be discriminated against, irrespective of their race, colour, religion, beliefs, age, family status, culture, language, ethnicity, national or social origin, citizenship, gender,
sexual orientation, political or other opinions, disability, status of birth, property or other condition. Professionals working in or with the criminal justice sector should be aware of individual differences that can impact a person’s ability to fully participate in the criminal justice process." ==Social conditions==