LGBT rights in Libya
LGBT rights in Libya | |
---|---|
| |
Same-sex sexual intercourse legal status |
De facto: illegal: Islamic Sharia Law is applied De jure: Not specifically outlawed |
Penalty: |
Up to 4 years in jail or death[1][2] |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Libya face legal challenges not experienced by non-LGBT residents. Since the fall of Gaddafi regime in 2011, the status regarding homosexuality in Libya remains uncertain.
Criminal laws
The country's criminal code prohibits all sexual activity outside of a lawful marriage. Under Article 410 of the Libyan Penal Code, Private homosexual acts between consenting adults are illegal.[3]
In the 1990s, Libyan leader Muammar Gaddafi began to enact "purification" laws designed to enforce a harsh view of Islamic law on the population. Libyan courts were given the power to use amputation, flogging and other punishments against persons found to be violating traditional Islamic morality.[4]
In 2010, the Gay Middle East blog, reported that two adult men had been charged with "indecent acts", which meant cross-dressing and homosexual conduct.[5]
Female homosexuality would also appear to be illegal, as is making any sort of public acknowledgment that a person is gay. In 2010 a French asylum case involved a Libyan girl who sought asylum after being jailed, raped and then returned to her family for a forced marriage after she made a public statement online that she was gay.[6] Vigilante executions are tolerated.[1][2]
Summary conditions
The government does not permit the public advocacy of LGBT rights. When they are discussed, it is always in a negative manner, in keeping with traditional Islamic morality.
In 2003, Gaddafi stated that he believed that it was "impossible" to contract AIDS–HIV through unprotected, heterosexual vaginal sex.[7]
In February 2012 a Libyan delegate sparked outrage after telling a United Nations human rights panel that gay people threaten the future of the human race.[8]
Summary table
Same-sex sexual activity legal | |
Equal age of consent | |
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 | |
Step-child adoption by same-sex couples | |
Joint adoption by same-sex couples | |
Gays and lesbians allowed to serve openly in the military | |
Right to change legal gender | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
MSMs allowed to donate blood |
See also
References
- 1 2 3 "Libyan 'Gay' Men Face Torture, Death By Militia: Report (GRAPHIC)". 26 November 2012 – via Huff Post.
- 1 2 3 "The situation of homosexuals in Libya is getting worse".
- ↑ "Libyan Penal Code of 1953, Amended 1956 (selected provisions related to women) – 4: Title III – Offences Against Freedom, Honour and Morals". Corpus of Laws. Women's Learning Partnership. 5 October 2013. Retrieved 19 May 2017.
- ↑ Stokke, Hugo; Suhrke, Astri; Tostensen, Arne; Haanæs, Øystein Rygg (1997). Human Rights in Developing Countries: Yearbook 1997 (via Google Books). The Hague: Kluwer International. ISBN 978-90-411-0537-0.
- ↑ Littauer, Dan (25 December 2010). "Libya: Two Men Arrested for 'Indecent Acts'. gaymiddleeast.com (via globalgayz.com). Retrieved 15 September 2011.
- ↑ Staff (25 October 2010). "Libya: Lesbian To Request Asylum In France". Ansa Mediterranean (via globalgayz.com). Retrieved 15 September 2011.
- ↑ Young, Craig (8 March 2011). "Being Gay under Gaddafi" Archived 2 November 2011 at the Wayback Machine.. GayNZ.com. Retrieved 15 September 2011.
- ↑ "Outrage as Libya tells United Nations: 'Gays threaten the future of the human race'".