Monday, 27 February 2017

Worldwide Law

This post gives a (very!) brief overview of the present state of law world-wide with respect to LGBT people. To explore in more detail, see the links at the foot of the post.

Same sex acts are LEGAL in 121 States - that is, in 63% of UN States.

However, that sometimes needs a caveat. For example, there are no legal provisions in

Egypt that outlaw same-sex sexual activity. However, this is really just a technical distinction because such activity, and related expression, is outlawed under other laws. Also, there is a morality or ‘public decency’ law in place in Bahrain that could be interpreted to include LGB and trans persons: it states,
Every person who entices a male or a female to commit acts of immorality or prostitution or assists in such acts in any manner whatsoever shall be liable for a prison sentence.

On the other hand, in September 2015, a new Constitution of Nepal came into force that comprehensively includes sexual orientation and gender identity.

Same sex acts are ILLEGAL in 72 States - 37% of UN States. In about half of these States, the law applies equally to women.

Although Iraq’s Penal Code does not specify same-sex behaviour, Iraq is included here because the rule of law is in disarray and non-State actors (militias and local Sharia judges) target those known/perceived to be LGBT+ with extreme penalties.

Same sex relations have been considered by the Courts of India several times recently. In 2009, the Delhi High Court found that section 377 of the Indian Penal Code (which deals with same sex relations) violated an individual's fundamental rights to equality before the law. However in 2013, the Indian Supreme Court overturned the ruling. In 2015 and 2016, two private member's bills for decriminalisation were soundly rejected. In 2016, the Supreme Court agreed to reconsider its 2013 judgment; it said it would refer petitions to abolish Section 377 to a five-member constitutional bench, which would conduct a comprehensive hearing of the issue.

In Qatar, Sharia Law runs parallel with the Penal Code and its anti-LGBT provisions are applied.

The DEATH PENALTY is used or available in 13 States or parts thereof; 6% of UN States. It is invariably codified under Sharia.

  • It is available but not known to be implemented for same-sex behaviour specifically in Afghanistan, Mauritania, Pakistan, Qatar and the United Arab Emirates.
  • It is implemented country wide in Iran, Saudi Arabia, Sudan and Yemen.
  • It is implemented provincially in 12 northern states in Nigeria and the southern parts of Somalia.
  • It is implemented by local courts/vigilantes/ non-State actors in Asia: Iraq and Daesh/ISIS-held territories in northern Iraq and northern Syria.

Thanks to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA):
Carroll, A., State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition (Geneva; ILGA, May 2016).

ILGA also provides a set of downloadable maps showing this information at

See also

No comments:

Post a Comment