LGBT rights in Asia
LGBT rights in Asia | |
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Asia
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Same-sex sexual activity legal? | Legal in 27 out of 48 states Legal in all 3 territories Legal in 6 out of 7 states with limted recognition |
Gender identity/expression | Legal in 19 out of 48 states Legal in 1 out of 3 territories Legal in 2 out of 7 states with limited recognition |
Military service | Legal in 9 out of 48 states Legal in 1 out of 3 territories Legal in 1 out of 7 states with limited recognition |
Discrimination protections | Legal in 6 out of 48 states Legal in all 3 territories Legal in 2 out of 7 states with limited recognition |
Family rights | |
Recognition of relationships |
Legal in 1 out of 48 states Legal in 0 out of 3 territories Legal in 0 out of 7 states with limted recognition |
Restrictions:
|
Same-sex marriage constitutionally banned in 1 out of 48 states |
Adoption | Legal in 1 out of 48 states Legal in 0 out of 3 territories Legal in 0 out of 7 states with limited recognition |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Asia are limited in comparison to many other areas of the world. Same-sex sexual activity is outlawed in at least twenty Asian countries. While at least nine countries allow same-sex people to serve in the military, only Israel provides a wider range of LGBT rights - including same-sex relationship recognition.
In the Islamic regimes of Afghanistan, Brunei, Iran, Saudi Arabia, and Yemen, homosexual activity is punished with the death penalty.[1][2] The legal punishment for sodomy has varied among juristic schools: some prescribe capital punishment; while other prescribe a milder discretionary punishment such as imprisonment. In some relatively secular Muslim-majority countries such as Indonesia,[3] Jordan and Turkey this is not the case.
Egalitarian relationships modeled on the Western pattern have become more frequent, though they remain rare. Same-sex intercourse officially carries the death penalty in several Muslim nations: Afghanistan, Saudi Arabia, Brunei, Iran, and Yemen.[2][4]
Israel, Nepal, Philippines, Taiwan, Thailand, Hong Kong, Japan, and Cyprus (excluding Northern Cyprus) are the most open to the LGBT community in Asia, with the Philippines ranked 9th as the friendliest country in the world to gay people despite having no legislation to recognize same-sex marriage or unions due to the predominant Catholic population. Japan, Israel, Taiwan and Nepal are the major players in legislation.[5][better source needed][6]
In a UN General Assemby declarationr for LGBT rights and/or sponsored the Human Rights Council's 2011 resolution on LGBT rights, state parties were given a chance to express their support or opposition on the topic. Only Armenia, Georgia, Cyprus, Israel, South Korea, Japan, Mongolia, Nepal, Thailand, and East Timor have expressed their support. State parties who expressed opposition are Indonesia, Malaysia, Brunei, Maldives, North Korea, Bangladesh, Pakistan, Iran, Iraq, Saudi Arabia, Kuwait, Oman, Yemen, United Arab Emirates, Bahrain, Qatar, Syria, Afghanistan, Jordan, Kazakhstan, Turkmenistan, and Tajikistan. Other Asian parties did not show support or opposition.[7][better source needed]
The first and only LGBT political party in the world, Ladlad, was established in the Philippines in 2003. So far, no LGBT bills supported by the party have been passed in Philippine Congress due to the opposition of Catholic figures in the country, despite support from the majority educated population.[8][better source needed]
Contents
Legislation by country or territory
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Central Asia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
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Kazakhstan | Legal since 1998[9] | [10] | |||||
Kyrgyzstan | Legal since 1998[9] | ||||||
Tajikistan | Legal since 1998[9] | ||||||
Turkmenistan | Male illegal Penalty: up to 2-year prison sentence Female always legal[9] |
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Uzbekistan | Male illegal Penalty: up to 3-year prison sentence Female always legal[9] |
Northern Asia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Akrotiri and Dhekelia (Overseas territory of the United Kingdom) |
Legal since 2000 + UN decl. sign.[9] |
UK responsible for defence | Bans some anti-gay discrimination[11] | ||||
Armenia | Legal since 2003 + UN decl. sign.[9] |
/ No explicit ban. However, LGBT persons have been reportedly discharged because of their sexual orientation.[12] | |||||
Azerbaijan | Legal since 2000[9] | [13] | (Requires sterilization for change).[14] | ||||
Cyprus | Legal since 1998 + UN decl. sign.[9] |
Since 2015 | Bans all anti-gay discrimination[15] | Forbids discrimination based on gender identity. | |||
Georgia | Legal since 2000 + UN decl. sign.[9] |
(Constitutional ban proposed) | Bans all anti-gay discrimination[16] | (Requires sterilization for change)[14] | |||
Russia | Male legal since 1993 Female always legal[17][9] |
(Constitutional ban proposed) | LGBT individuals may adopt. | (Requires sterilization for change)[14] | |||
Turkey | Legal since 1858[9] | (Proposed)[18] | (Proposed)[19] | (Requires sterilization for change) |
Western Asia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Bahrain | Legal since 1976[9] (Age of consent discrepancy) | ||||||
Iran | Illegal Penalty: For men 74 lashes for immature men and death penalty for mature men of sound mind and is consenting. For women 50 lashes for women of mature sound mind and is consenting. Death penalty offense after fourth conviction.[9] |
Legal gender recognition in Iran is legal if accompanied by a medical intervention.[20] | |||||
Iraq | Legal since 2003[21] (Age of consent discrepancy) | ||||||
Israel | Legal since 1988 + UN decl. sign.[9][22] |
Unregistered cohabitation since 1994. | / Unrecognized if performed in country, but foreign same-sex marriages are recognized. | Step-child adoption since 2005. Joint adoption since 2008.[23][24] |
Since 1993 | Bans some anti-gay discrimination;[25][26] Basic Law: Human Dignity and Liberty applies to homosexuals and bisexuals.[27] | Full recognition of gender's ID without a surgery or medical intervention;[28] equal employment opportunity law bars discrimination based on gender identity;[29][30] Basic Law: Human Dignity and Liberty applies to transgender individuals.[29][31] |
Jordan | Legal since 1951[9] | ||||||
Kuwait | Male illegal Penalty: Fines or up to 6-year prison sentence Female always legal[9][32] |
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Lebanon | Legal since 2014[33] | ||||||
Oman | Illegal Penalty: Fines and prison sentence up to 3 years (Only enforced when dealing with "public scandal")[9] |
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Qatar | Illegal Penalty: Fines, prison sentence up to 7 years. Death penalty offense. (Applies to Muslims only)[9] |
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Saudi Arabia | Illegal Penalty: Prison sentences of several months to life, fines and/or whipping/flogging, castration, torture or death can be sentenced on first conviction. A second conviction merits execution.[9] |
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Syria | Illegal Penalty: Prison sentence up to 3 years (Law in de-facto suspended)[34][9] |
Transsexuals allowed to change legal gender | |||||
United Arab Emirates | Illegal under federal law Penalty: deportation, fines or prison time (Unclear if the death penalty applies) Illegal in the emirate of Dubai Penalty: Up to 14 years imprisonment Illegal in the emirate of Abu Dhabi Penalty: Up to 10 years imprisonment[9] |
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Yemen | Illegal Penalty: Unmarried men punished with 100 lashes of the whip or a maximum of one year of imprisonment, married men with death by stoning. Women punished up to three years of imprisonment; where the offense has been committed under duress, the punishment is up to seven years detention.[9] |
Southern Asia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Afghanistan | Illegal Penalty: Long imprisonment or death penalty (No known cases of death sentences have been handed out for same-sex sexual activity after the end of Taliban rule)[9] |
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Bangladesh | Illegal Penalty: 10 years to life imprisonment[9] |
A third option (hijra) beside male and female[35] | |||||
Bhutan | Illegal Penalty: Prison sentence up to 1 year (Not enforced)[9] |
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India | Illegal nationwide since 1861, was legal from 2009 to 2013.[36] Penalty: Up to 10 years imprisonment (sporadically enforced)[37][36][9] Legalization has been proposed. [38] |
No explicit recognition.[39] | No explicit recognition.[39] | Transgender individuals may adopt. | [40] | "Third gender" recognised by Supreme Court[41] | |
Maldives | Illegal Penalty: For men the punishment is banishment for nine months to one year or a whipping of 10 to 30 strokes. For women is house arrest for nine months to one year.[9] |
[citation needed] | |||||
Nepal | Legal since 2007 + UN decl. sign.[9] |
(Proposed: By Supreme Court in 2008) | (Proposed: By Supreme Court in 2008) | Under consideration | Constitution bans all anti-gay discrimination. | Gender change is legal since 2007. Constitution bans all discrimination.[42] |
|
Pakistan | Illegal Penalty: 2 years to life sentence[9] |
'Third gender' officially protected from discrimination by Supreme Court of Pakistan in 2010 | |||||
Sri Lanka | Illegal Penalty: Fine and up to 10 years imprisonment (Not enforced)[9] |
[citation needed] |
Eastern Asia
LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
China (People's Republic of) |
Legal since 1997[9] | Transsexuals allowed to change legal gender, but only after sex reassignment surgery. | |||||
Hong Kong (Special administrative region of China) |
Legal since 1991[9] | (Proposed)[43] | The People's Republic of China is in charge of Hong Kong's defence affairs. Regardless of sexual orientation, military personnel are not recruited from Hong Kong. |
Government employment, goods and services only | Transsexuals allowed to change legal gender, but only after sex reassignment surgery. | ||
Japan | Legal since 1880 + UN decl. sign.[9] |
/ Partnership in Shibuya (2015)[44] and Setagaya (2015)[45] | / No nationwide protections, but some cities ban some anti-gay discriminations[9] | Transsexuals allowed to change legal gender, but only after sex reassignment surgery and in case that the transsexual has no child under 20 years old | |||
Macau (Special administrative region of China) |
Legal (No laws against same-sex sexual activity has ever existed in the region)[46] |
The People's Republic of China is in charge of Macau's defence affairs. Regardless of sexual orientation, military personnel are not recruited from Macau. |
Bans some anti-gay discrimination | ||||
Mongolia | Legal since 1961 + UN decl. sign.[9] |
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North Korea | Legal (No laws against same-sex sexual activity has ever existed in the country)[9] |
Unknown although there are heavily obeyed gender roles for both male and female. See Let's trim our hair in accordance with the socialist lifestyle | |||||
South Korea | Legal (No laws against same-sex sexual activity has ever existed in the country) + UN decl. sign.[9] |
Due to conscription. | Transsexuals allowed to change legal gender |
Southeast Asia
LGBT rights in | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Brunei | Illegal Penalty: Fines and imprisonment up to 10 years or death by stoning[9] |
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Burma | Illegal Penalty: Up to life sentence (Not enforced)[9] |
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Cambodia | Legal (No laws against same-sex sexual activity has ever existed in the country)[9] |
Constitutional ban since 1993, though there has been at least one recorded case of a legally registered and recognized same-sex marriage. | [citation needed] | ||||
East Timor | Legal since 1975 + UN decl. sign.[9] |
Bans hate crimes based on sexual orientation | |||||
Indonesia | Legal nationwide, except; Illegal in the provinces of Aceh and South Sumatra (Applies only to Muslims)[47][48][9] (Age of consent discrepancy) |
[49] | Transsexuals allowed to change legal gender[citation needed] | ||||
Laos | Legal (No laws against same-sex sexual activity has ever existed in the country)[9] |
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Malaysia | Male illegal Penalty: fines, prison sentence (2-20 years), or whippings Female always legal[9] |
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Philippines | Legal nationwide since 1933 except; Illegal in Marawi City (Applies to Muslims only)[50][9][51] |
(Pending)[50] | (Pending)[52] | LGBT individuals may adopt.[53] | Since 2009 | [54] Cebu[55] Quezon City, Davao[56] and Albay have anti-discrimination ordinances[57] (National bill pending but still not made into law) | (Pending)[58] |
Singapore | Male illegal Penalty: up to 2 years prison sentence (Not enforced since 1999) Female legal since 2007[9] |
Due to conscription, but gays are not allowed to go to command school or serve in sensitive units. | Transsexuals allowed to change legal gender, but only after sex reassignment surgery. | ||||
Thailand | Legal since 1956 + UN decl. sign.[9] |
(Proposed)[59] | Since 2005 | Bans all anti-gay discrimination. | Transsexuals may change their legal name after having a sex change operation.[60] | ||
Vietnam | Legal (No laws against same-sex sexual activity has ever existed in the country)[9] |
[61] | Sex-change recognized for sex assignment for persons of congenital sex defects and unidentifiable sex. Gender reassignment surgery from 2017 |
Partially recognized or unrecognized states
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Abkhazia | Legal after 1991 | ||||||
Islamic State | Illegal Penalty: Death penalty[62] |
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Nagorno-Karabakh | Legal since 2000 | ||||||
Northern Cyprus | Legal since 2014[63][64][9] | Bans all anti-gay discrimination[63][64] | Discrimination or hate speech banned since 2014.[63][64] | ||||
Palestinian territories | West Bank: Legal since 1951 (As part of Jordan)[9] Gaza: Male illegal Penalty: Up to 10 years imprisonment Female always legal[9] |
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South Ossetia | Legal after 1991 | ||||||
Taiwan (China, Republic of) |
Legal since 1895[65] | / Registered partnership in Kaohsiung (2015),[66] Taipei (2015)[67] and Taichung (2015)[68]; (Proposed nationwide) |
(Pending) | (Pending) | Due to military draft | Bans some anti-gay discrimination (in work and education) | Transsexuals allowed to change legal gender. Surgery no longer a requirement beginning in 2015[69] |
See also
References
- ↑ Asia from a Lesbian and Gay Human Rights Perspective (2013).
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ LGBT rights by country or territory
- ↑ http://www.therichest.com/expensive-lifestyle/lifestyle/e-free-and-be-gay-the-top-10-gay-friendly-countries-in-the-world/2/
- ↑ LGBT rights by country or territory#/media/File:LGBT rights at the UN.svg
- ↑ Ladlad
- ↑ 9.00 9.01 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 9.36 9.37 9.38 9.39 9.40 9.41 9.42 9.43 9.44 9.45 9.46 9.47 9.48 9.49 9.50 9.51 State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2014
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Employment (Equality) Ordinance 2013
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ [1]
- ↑ 14.0 14.1 14.2 Map shows how Europe forces trans people to be sterilized
- ↑ Rainbow Europe Country Index
- ↑ LAW OF GEORGIA ON THE ELIMINATION OF All FORMS OF DISCRIMINATION
- ↑ Russian Gay History
- ↑ http://www.kaosgl.com/page.php?id=18860
- ↑ http://www.kaosgl.com/page.php?id=18860
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Iraq: Sexual Orientation, Human Rights and the Law
- ↑ LGBTQ Timeline
- ↑ Attorney General rules same sex couples eligible to adopt, ynet, February 10, 2008.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ HOMOSEXUALITY, HUMAN DIGNITY & HALAKHAH: A COMBINED RESPONSUM FOR THE COMMITTEE ON JEWISH LAW AND STANDARDS by RABBIS ELLIOT N. DORFF, DANIEL S. NEVINS & AVRAM I. REISNER
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 29.0 29.1 Aeyal Gross, Human rights are part of the fight for gay rights, Haaretz (via Aguda website), December 17, 2013
- ↑ Hila Weissberg, Homophobia in the workplace? Fear of transgender people is even worse, Haaretz, August 29, 2014
- ↑ Aeyal Gross, Israel should drop binary view of gender, Haaretz, 16.09.13
- ↑ Kuwait Law
- ↑ Lebanon Just Did a Whole Lot More Than Legalize Being Gay
- ↑ Syria, Middle East
- ↑ Bangladesh government makes Hijra an official gender option
- ↑ 36.0 36.1 Lua error in package.lua at line 80: module 'strict' not found., Supreme Court of India, retrieved on 7 March 2015
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 39.0 39.1 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Supreme Court recognizes transgenders as 'third gender', The Times of India, retrieved 15 April 2014
- ↑ classhttp://www.washingtonblade.com/2015/09/19/new-nepal-constitution-includes-lgbt-specific-protections/
- ↑ http://www.gaystarnews.com/article/hong-kong-legislature-debate-same-sex-unions-year250515/
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ http://rainbow.mo/?p=194
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 50.0 50.1 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Historical Dictionary of the Lesbian and Gay Liberation Movements
- ↑ http://www.interaksyon.com/article/113336/akbayan-rep-to-file-same-sex-marriage-bill-in-congress
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ http://newsinfo.inquirer.net/324189/davao-council-bans-discrimination-vs-gays-minority-differently-abled
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Same-sex marriage may come true under Thai junta
- ↑ Gay Thailand News & Reports 2007
- ↑ LAW On Marriage and Family
- ↑ ISIS terrorists pose as gay men, lure victims on dates, then kill them: social media
- ↑ 63.0 63.1 63.2 Northern Cyprus Decriminalizes Homosexuality and Protects LGBTs Against Hate Speech
- ↑ 64.0 64.1 64.2 (Turkish) Kuzey Kıbrıs’ın “Eşcinsellik Suçu” Yasası Tarihe Karıştı!
- ↑ Taiwan
- ↑ http://www.chinapost.com.tw/taiwan/local/kaohsiung/2015/05/14/435974/Gay-groups.htm
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Gender reassignment rule to be changed
External links
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