LGBT rights in Tajikistan

LGBT rights in Tajikistan Tajikistan
Same-sex sexual intercourse legal status Legal[1]
Gender identity/expression Transgender people can change legal gender following surgery
Military service No
Family rights
Recognition of
relationships		 No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Tajikistan face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Tajikistan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to heterosexual married couples.[1]

LGBT people tend to face frequent discrimination, harassment and violence from the authorities and the Muslim-majority public.[2]

Legality of same-sex sexual activity

Both male and female same-sex sexual activity have been legal in Tajikistan since 1998.[1] The age of consent is 16, regardless of gender or sexual orientation.[3]

Recognition of same-sex relationships

Tajikistan does not recognize same-sex unions.

Gender identity and expression

Transgender people "face a lot of stigma and discrimination" in Tajikistan.[4]

Under Tajik law, transgender people may change their legal gender on their passport if they provide a medical statement that they have undergone sex reassignment surgery. In practice, however, the lack of awareness, coupled with corruption and bureaucracy, means the process can be far more difficult. As of 2014, they have only been two gender change operations in Tajikistan; the first in 2001 and the second in January 2014.[4]

Living conditions

Even though the law does not prohibit same-sex sexual activity, the actual situation in the country is not favourable for LGBT people. This is mostly due to local religion and beliefs, as well as outside influence. Harassment from police and the public is common.[5][6][7] In 2017, the authorities drew up an "official list" of LGBT citizens following two state operations named "Morality" and "Purge".[2][8]

Summary table

Same-sex sexual activity legal (Since 1998)
Equal age of consent (Since 1998)
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender (Requires surgery)[9]
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSM allowed to donate blood

See also

References

  1. 1 2 3 State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 11 June 2012 at the Wayback Machine.
  2. 1 2 "Tajikistan authorities draw up list of gay and lesbian citizens". The Guardian. 17 October 2017.
  3. ↑ National Laws – Legislation of Interpol member states on sexual offences against children – Tajikistan
  4. 1 2 Transgender in Tajikistan
  5. ↑ Leach, Anna. "Tajikistan rife with homophobia". Retrieved 24 February 2014.
  6. ↑ Sodiqov, Alexander. "Tajikistan Remains 'Hell for Gays'".
  7. ↑ "UPR Submission on Sexual Rights in Tajikistan" (PDF). October 2011. Retrieved 24 February 2014.
  8. ↑ "There's a rising global tide of crackdown on LGBT communities". The Washington Post. 20 October 2017.
  9. ↑ Masci, David (February 11, 2014). "Gay rights in Russia and the former Soviet republics". Pew Research Center. Retrieved December 11, 2016.


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