LGBT rights in Yemen

Lesbian, gay, bisexual, transgender (LGBT) persons in Yemen face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity could be punished by up to death. LGBT persons are regularly prosecuted by the government and additionally face stigmatization among the broader population.

LGBT rights in Yemen
StatusIllegal: Islamic Sharia Law is applied
(Republic of Yemen)
PenaltyLashes, prison and up to execution
(Republic of Yemen)
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Legality of same-sex sexual acts

Republic of Yemen

Constitutional law
Main article: Constitution of Yemen

The Constitution of Republic of Yemen, amended in 2001, does not explicitly address LGBT rights. It does guarantee certain human rights to all citizens, with the condition that all legislation must be compatible with principles of Islamic Shariah law.[1]

Penal Code
Main article: Legal system of Yemen

Punishment for homosexuality in Yemen can originate from the codified penal code, or from people seeking to enforce traditional Islamic morality.

Article 264 of the national penal code prohibits private consensual homosexual acts between adult men. The stipulated punishment in the law for unmarried men is 100 lashes and up to a year in prison. The law stipulates that married men convicted of homosexuality are to be put to death.[2]

Article 268 of the national penal code prohibits private consensual homosexual acts between adult women. The law stipulates that premeditated acts of lesbianism are punished with up to three years in prison.[2]

In addition to the penal code, punishment for homosexuality can originate from people seeking to enforce traditional Islamic morality within their own family or for the broader society. In vigilante cases such as this, the punishment for homosexuality is oftentimes death.[3]

Yemeni Civil War (2015–present)

al-Qaeda in the Arabian Peninsula

In 2013 there were credible reports of members of the al-Qaeda in the Arabian Peninsula were killing men for allegedly being gay.[4]

Islamic State
Main article: Persecution of gay and bisexual men by ISIL

Media censorship
Main articles: Censorship in the Middle East and Internet in Yemen

The government blocks access to webpages that express support of LGBT rights. This policy of censorship also extends to publications and magazines in Yemen.

In 2010, the magazine Al Thaqafiya was shut down by the government for publishing a review of the Egyptian film titled, Heena Maysara (translates to "Till things get better"). The reviewer, a Yemeni filmmaker named Hamid Aqbi, expressed some support for LGBT rights while discussing the film.[5]

In 2004, the Yemem Times, an English-language magazine, was allowed to publish an opinion piece opposing legal recognition of gay marriage.

In 2003, the Week, an Arabic-language magazine, published an article that included interviews with Yemeni men imprisoned for homosexuality. The three journalists involved with the article were convicted by the government.[6]

Summary table
Same-sex sexual activity legal / (Penalty: Lashes, prison and up to execution)
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
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
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References
  1. "Constitution of the Republic of Yemen, 1994". Web.archive.org. 28 February 2008. Retrieved 17 December 2017.
  2. "GayLawNet - Laws - Yemen". Gaylawnet.com. Retrieved 17 December 2017.
  3. "No Place for Gays in Yemen - Inter Press Service". Ipsnews.net. Retrieved 17 December 2017.
  4. Freedom House (2015). Freedom in the World 2015: The Annual Survey of Political Rights and Civil Liberties. Rowman & Littlefield Publishers. p. 755. ISBN 978-1-4422-5408-4.
  5. Gay City News, 29 April 2010
  6. Aljazeera, 18 May 2004
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