LGBT rights in Asia

LGBT rights in Asia
Asia
Same-sex sexual intercourse legal status Legal in 28 out of 49 states
Legal in all 4 territories
Gender identity/expression Legal in 26 out of 49 states
Legal in 1 out of 4 territories
Military service Allowed in 6 out of 49 states
Allowed in 2 out of 4 territories
Discrimination protections Protected in 8 out of 49 states
Protected in 3 out of 4 territories
Family rights
Recognition of
relationships		 Recognized in 2 out of 49 states
Recognized in 2 out of 4 territories
Restrictions:
 Same-sex marriage constitutionally banned in 4 out of 49 states
Adoption Legal in 1 out of 49 states
Legal in 0 out of 4 territories

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 eight countries have enacted protections for LGBT people, only Israel and Taiwan provide a wider range of LGBT rights - including same-sex relationship recognition.

In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates 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 Azerbaijan, Jordan, and Turkey, homosexuality is legal, but usually socially unacceptable.

Egalitarian relationships modeled on the Western pattern have become more frequent, though they remain rare.[2][3][4] Cambodia, East Timor, Hong Kong, Israel, Japan, Mongolia, Nepal, the Philippines, South Korea, Taiwan, Thailand, Vietnam and Cyprus (excluding Northern Cyprus) are viewed as the most open to the LGBT community in Asia. Japan, Israel, Thailand, Taiwan and Nepal are the major players in legislation. As of 2018, only the British Overseas Territories of Akrotiri and Dhekelia and the British Indian Ocean Territory have legalized same-sex marriage.

In a 2011 UN General Assembly declaration for 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 expressed their support. They were later joined by Vietnam and the Philippines. State parties who expressed opposition were Indonesia, Malaysia, Brunei, the Maldives, North Korea, Bangladesh, Pakistan, Iran, Iraq, Saudi Arabia, Kuwait, Oman, Yemen, the United Arab Emirates, Bahrain, Qatar, Syria, Afghanistan, Jordan, Kazakhstan, Turkmenistan, and Tajikistan. Other Asian parties did not show support or opposition.

The first and only LGBT political party in the world, Ladlad, was established in the Philippines in 2003.

In 2016, during an African-led coalition to dislodge the recently established UN expert on LGBT issues, the majority of Asian nations backed to retain the role of the UN LGBT expert, with only Muslim nations, with the addition of China and Singapore, declaring their opposition.

Asia
Same-sex sexual activity legal
  Marriage
  Other type of partnership
  Unregistered cohabitation
  Foreign same-sex marriages recognized
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Not enforced or unclear
  Penalty
  Life imprisonment
  Death penalty

Legislation by country or territory

Main article: LGBT rights by country or territory
This table:

Central Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Afghanistan 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).[1]
Kyrgyzstan Kyrgyzstan Legal since 1998[1] Constitutional ban since 2016[5] Requires sex reassignment surgery[6][7]
Tajikistan Tajikistan Legal since 1998[1] Requires sex reassignment surgery[8][7]
Turkmenistan Turkmenistan Male illegal
Penalty: up to 2 years imprisonment.
Female always legal[1]
Uzbekistan Uzbekistan Male illegal
Penalty: up to 3 years imprisonment.
Female always legal[1]

Eurasia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Abkhazia Abkhazia
(Disputed territory)		 Legal after 1991
Akrotiri and Dhekelia Akrotiri and Dhekelia
(Overseas Territory of the United Kingdom)		 Legal since 2000
+ UN decl. sign.[1]		 Civil partnerships since 2005 Legal since 2014 UK responsible for defence Bans some anti-gay discrimination[9]
Armenia Armenia Legal since 2003
+ UN decl. sign.[1]		 / Constitutional ban since 2015;[10][11] same-sex marriages performed abroad recognized since 2017[12] [13]
Republic of Artsakh Artsakh
(Disputed territory)		 Legal since 2000 Constitutional ban since 2006[14]
Azerbaijan Azerbaijan Legal since 2000[1]
Cyprus Cyprus Legal since 1998
+ UN decl. sign.[1]		 Civil unions since 2015 (Only EU country to ban LGBT people from military service) Bans all anti-gay discrimination[15]
Georgia (country) Georgia Legal since 2000
+ UN decl. sign.[1]		 Constitutional ban passed but yet to take effect Bans all anti-gay discrimination[16] Requires sterilization and sex reassignment surgery for change[17]
Kazakhstan Kazakhstan Legal since 1998[1] [18] Requires sex reassignment surgry, sterilization, hormone therapy and medical examinations[7]
Northern Cyprus Northern Cyprus
(Disputed territory)		 Legal since 2014[19][20][1] Bans all anti-gay discrimination[19][20]
Russia Russia Male legal since 1993
Female always legal[21][1]
Illegal in practice in Chechnya, where homosexuals are abducted and sent to concentration camps based on their perceived sexual orientation. See Gay concentration camps in Chechnya for more information.		 Constitutional ban proposed[22] Requires sterilization and sex reassignment surgery for change[17]
South Ossetia South Ossetia
(Disputed territory)		 Legal after 1991
Turkey Turkey Legal since 1858[1] Proposed[23] Proposed[23] Requires sterilisation and sex reassignment surgery for change[24]

West Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Bahrain Bahrain Legal since 1976[1]
Iran Iran Illegal
Penalty: 74 lashes for immature men and death penalty for mature men (although there are recorded cases of minors who were executed because of their sexual orientation).[25] For women, 50 lashes for women of mature sound mind and if consenting. Death penalty offense after fourth conviction.[1]		 Legal gender recognition legal if accompanied by a medical intervention[26]
Iraq Iraq Legal since 2003[27]
Israel Israel Legal since 1963 (de facto), 1988 (de jure)[28]
+ UN decl. sign.[1][29]		 Unregistered cohabitation since 1994. / There are no civil marriages available in Israel for same-sex or opposite-sex couples, and any non-religious marriage is unrecognized if performed in the country. However, foreign same-sex marriages are recognized and recorded in the population registry Since 2008[30] Since 1993 Bans all anti-gay discrimination[31][32][33] Full recognition of gender's ID without a surgery or medical intervention;[34] equal employment opportunity law bars discrimination based on gender identity[35][36][35][37]
Jordan Jordan Legal since 1951[1] Allowed since 2014[38]
Kuwait Kuwait Male illegal
Penalty: Fines or up to 6-year prison sentence.
Female always legal[1][39]
Lebanon Lebanon Illegal under Article 534 of the Penal Code. Some judges have ruled not to prosecute individuals based on the law, however, this has not been settled by the Supreme Court and thus homosexuality is still illegal.[40] Legal gender change allowed, but sex reassignment surgery required[41]
Oman Oman Illegal
Penalty: Fines and prison sentence up to 3 years (Only enforced when dealing with "public scandal").[1]
State of Palestine Palestine
(Disputed territory)		 West Bank:
Legal since 1951 (As part of Jordan)[1]
Gaza:
Male illegal
Penalty: Up to 10 years imprisonment.
Female always legal[1]
Qatar Qatar Illegal
Penalty: Fines, up to 7 years imprisonment,[1] or death penalty.[2]
Saudi Arabia 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.[1]
Syria Syria Illegal
Penalty: Up to 3 years imprisonment (Law de facto suspended)[42][1]		 Transgender people allowed to change legal gender
United Arab Emirates United Arab Emirates Illegal under federal law
Penalty: deportation, fines, prison sentences or death penalty.[2]
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.[1]		 / Sex reassignment surgery legal, but only for intersex people[43][44][45]
Yemen 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.[1]

South Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Bangladesh Bangladesh Illegal
Penalty: 10 years to life imprisonment.[1]		 A third gender option (hijra) besides male and female is available[46]
Bhutan Bhutan Illegal
Penalty: Prison sentence up to 1 year (Not enforced).[1]
British Indian Ocean Territory British Indian Ocean Territory
(Overseas Territory of the United Kingdom)		 Legal since 2001
+ UN decl. sign.[1]		 Civil partnerships since 2005 Legal since 2014 UK responsible for defence
India India Legal since 2018[47] Proposed Proposed Proposed [48] Bans all anti-gay discrimination[49] A third gender option (hijra) besides male and female is available; transgender people have a constitutional right to change gender[50]
Maldives 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, it is house arrest for nine months to one year.[1]
Nepal Nepal Legal since 2007
+ UN decl. sign.[1]		 Proposed Proposed Proposed Since 2007 Bans all anti-gay discrimination Gender change legal since 2007[51]
Pakistan Pakistan Illegal
Penalty: 2 years to life sentence (Not enforced).[1]		 Right to change gender; transgender and intersex citizens have legal protections from all discrimination and harassment[52]
Sri Lanka Sri Lanka Illegal
Legalization proposed		 [53][54] Transgender persons can change their legal gender and name after completion of medical intervention[55][56]

East Asia

LGBT rights in: Same-sex sexual activity Recognition of relationships Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
China China,
People's Republic of		 Legal since 1997[1] Transgender people allowed to change legal gender, but only after sex reassignment surgery
Hong Kong Hong Kong
(Special administrative region of China)		 Legal since 1991[1] LGBT individuals may adopt, but not same-sex couples[57] China responsible for defence Bans some anti-gay discrimination Transgender people allowed to change legal gender, but only after sex reassignment surgery
Japan Japan Legal since 1880
+ UN decl. sign.[1]		 / Partnerships in 8 municipal jurisdictions (Shibuya, Setagaya, Iga, Takaraduka, Naha, Sapporo, Fukuoka, and Osaka) Since 2003 / No nationwide protections, but some cities ban some anti-gay discrimination[1] Transgender people allowed to change legal gender, but only after sex reassignment surgery
Macau Macau
(Special administrative region of China)		 Legal since 1996 China responsible for defence Bans some anti-gay discrimination
Mongolia Mongolia Legal since 1961
+ UN decl. sign.[1]		 Bans some anti-gay discrimination Transgender people allowed to change legal gender
North Korea North Korea Legal
(No laws against same-sex sexual activity has ever existed in the country)[1]		 Unknown, although there are heavily obeyed gender roles for both male and female. See also: "Let's trim our hair in accordance with the socialist lifestyle"
South Korea South Korea Legal
(No laws against same-sex sexual activity has ever existed in the country)
+ UN decl. sign.[1]		 / Protection from discrimination varies by jurisdiction in some areas, including Seoul Transgender people allowed to change legal gender
Taiwan Taiwan Legal
(No laws against same-sex sexual activity has ever existed in the country)[58]		 / Partnerships recognized in 18 out of 22 jurisdictions[59] / To be legal by May 24, 2019[60]) Pending Bans some anti-gay discrimination (in work and education) Transgender people allowed to change legal gender[61]

Southeast Asia

LGBT rights in Same-sex sexual activity Recognition of relationships Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Brunei Brunei Illegal
Penalty: Fines and imprisonment up to 10 years or death by stoning.[1]
Cambodia Cambodia Legal
(No laws against same-sex sexual activity has ever existed in the country)[1]		 / Partnerships recognized in certain cities There has been at least one recorded case of a legally registered and recognized same-sex marriage; constitutional ban / Officially banned, but numerous same-sex adoptions have taken place
East Timor East Timor Legal since 1975
+ UN decl. sign.[1]
Indonesia Indonesia Legal nationwide, except;
Illegal in the provinces of Aceh, South Sumatra, and the city of Palembang (Applies only to Muslims);[62][63][1] Age of consent discrepancy		 [64] Transgender people allowed to change legal gender, but only after sex reassignment surgery
Laos Laos Legal
(No laws against same-sex sexual activity has ever existed in the country)[1]
Malaysia Malaysia Illegal
Penalty: fines, prison sentence (2-20 years), or whippings.[1][65]		 A 2016 court ruling recognizes gender changes as fundamental constitutional rights[66]
Myanmar Myanmar Illegal
Penalty: Up to life sentence (Not enforced).[1]
Philippines Philippines Legal
(No laws against same-sex sexual activity has ever existed in the country)[67][1][68]		 Pending[67] Pending[69] LGBT individuals may adopt, but not same-sex couples[70] Since 2009 / In certain cities and provinces,[71] including Cebu City,[72] Quezon City, and Davao City;[73][74]
National bill pending		 [75]
Singapore Singapore Male illegal
Penalty: up to 2 years prison sentence (Not enforced since 1999).
Female legal since 2007[1]		 / Due to conscription, but gays are not allowed to go to command school or serve in sensitive units Transgender people allowed to change legal gender, but only after sex reassignment surgery
Thailand Thailand Legal since 1956
+ UN decl. sign.[1]		 Pending[76] Pending[77] Since 2005 Bans all anti-gay discrimination Transgender people allowed to change gender.[78][79] Anti-discrimination protections for gender expression.[65]
Vietnam Vietnam Legal
(No laws against same-sex sexual activity has ever existed in the country)[1]
+ UN decl. sign.[1]		 Gender changes recognized and officially practised since 2017;[80][81] previously, gender changes were only allowed for persons of congenital sex defects and unidentifiable sex


See also

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  2. 1 2 3 4 "Here are the 10 countries where homosexuality may be punished by death". The Washington Post. 16 June 2016. Retrieved 25 August 2017.
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  5. ↑ "Kyrgyz Voters Back Amendments On Same-Sex Marriage, Presidential Power". Radio Free Europe/Radio Liberty. December 11, 2016. Retrieved July 30, 2017.
  6. ↑ Kyrgyzstan’s Transgender Advocates Call for Right to Change Gender in Passports
  7. 1 2 3 Masci, David (February 11, 2014). "Gay rights in Russia and the former Soviet republics". Pew Research Center. Retrieved December 11, 2016.
  8. ↑ Transgender in Tajikistan
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  10. ↑ "Referendum in Armenia brings constitutional reforms - ILGA-Europe". www.ilga-europe.org.
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  19. 1 2 "Northern Cyprus Decriminalizes Homosexuality and Protects LGBTs Against Hate Speech". kaosgl.com.
  20. 1 2 (in Turkish) Kuzey Kıbrıs’ın “Eşcinsellik Suçu” Yasası Tarihe Karıştı!
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  22. ↑ "Campaign started to declare gay marriage unconstitutional". RT. Retrieved 3 April 2014.
  23. 1 2 "Turkey's main opposition proposed labor bill for LGBT people". www.kaosgl.com. March 2, 2015. Retrieved 23 July 2017.
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  28. ↑ Erez Levon (January 2008). National Discord: Language, Sexuality and the Politics of Belonging in Israel. p. 45-46. This amendment to the penal code entailed a de jure decriminalization of sodomy since, in 1963, the Israeli Supreme Court had already issued a de facto decriminalization, ruling that the anti-sodomy law (which dated back to the British Mandate of Palestine; Mandatory Criminal Ordinance of 1936) could not be prosecuted (Yosef Ben-Ami vs. The Attorney General of Israel, 224/63).
  29. ↑ "LGBTQ Timeline" (PDF). ua.edu.
  30. ↑ In Complete Reversal, Israel Says It No Longer Opposes Same-sex Adoption
  31. ↑ "Law prohibiting discrimination in products, services, and entry to businesses" (in Hebrew). Israeli Economy Ministry. Retrieved 2013-05-09.
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  33. ↑ 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
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  39. ↑ "Kuwait Law". ilga.org.
  40. ↑ Sycamore, Maximilian (4 February 2018). "Lebanese gay couple not prosecuted under 'order of nature' law". washingtonblade.com.
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  42. ↑ "Syria - GlobalGayz News Archive". archive.globalgayz.com.
  43. ↑ "Sex-change surgery is now legal in the UAE". stepfeed.com. 6 September 2016.
  44. ↑ "Sex reassignment surgery is now legal in the United Arab Emirates". gaystarnews.com. 8 September 2016.
  45. ↑ "New law does not legalise sex change".
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