Know progressive and regressive states on LGBTI


Kathmandu (Pahichan) May 21 – When it comes to protecting and recognising our relationships and families, ILGA notes that marriage equality is now a reality in 23 States, while other 28 guarantee some civil partnership recognition, according to report issued by International Lesbian, Gay, Bisexual, trans and Intersex Association (ILGAA).

The organization launched the 12th edititon of its flagship publication, State- Sponsored Homophobia. Some of the highlights of report are as followings:

  • There are 124 States (122 UN member States as well as Taiwan and Kosovo) where same-sex sexual acts between consenting adults are legal.
  • 108 countries have a law on equal age of consent, 16 are unequal.
  • 72 States still criminalise same-sex sexual acts between consenting adults: in 45 of these States the law is applied to women as well. ILGA knows of recent arrests under these laws in 45 States.
  • The death penalty for same-sex sexual acts may be applied in 8 UN member States.
  • In 4 of them (Iran, Saudi Arabia, Yemen, Sudan) it is applied State-wide; in 2 (Somalia, Nigeria) it is implemented only in specific provinces; in other 2 countries (Iraq, Daesh-held territories in northern Iraq and northern Syria) it is implemented by local courts, vigilantes or non-State actors.
  • There are another 5 States (Pakistan, Afghanistan, the United Arab Emirates, Qatar and Mauritania) where interpretation of Shari’a, or where black letter law, permits the death penalty technically, but where it is not invoked to our knowledge.
  • 22 States have ‘promotion’ or ‘morality’ laws targeting public expression of same-sex and trans realities.
  • 25 States pose barriers to the formation, establishment or registration of sexual orientation-related NGOs.
  • 72 UN States have laws protecting from discrimination in the workplace on the basis of sexual orientation.
  • 9 States contain Constitutional provisions that specify sexual orientation in their discrimination protections.
  • 43 States enacted legislation combating hate crime; 39 countries have laws addressing incitement to hatred on the grounds of sexual orientation.
  • There are currently 22 States in the world that recognise same-sex marriage, while 28 countries provide for some civil partnership recognition.
  • 26 States have joint adoption laws: Austria, Finland and parts of Australia were the latest to pass such laws in the last 12 months, while 27 UN States allow for same-sex second parent adoption.

The report further states that some 86 States have National Human Rights Institutions that include sexual orientation in the scope of their work – appeal to such bodies can be preliminary steps to law and policy change,” the report reads.

When it comes to protecting and recognising our relationships and families, ILGA notes that marriage equality is now a reality in 23 States, while other 28 guarantee some civil partnership recognition. Some 86 States have National Human Rights Institutions that include sexual orientation in the scope of their work – appeal to such bodies can be preliminary steps to law and policy change, according to report.

Only 9 countries explicitly mention sexual orientation as a protected ground from discrimination in their Constitution. On the other hand, 72 States contain legal provisions that protect against discrimination in employment on the basis of sexual orientation, and 63 States have enacted various non-discrimination laws, both comprehensive and specific. This year we also look at those States that explicitly ban so-called ‘conversion therapies’: only 3 of them have taken nationwide action on the issue, but the list is expected to expand in future years.

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