LGBTQ rights in Lebanon | |
---|---|
Status | Ambiguous [note 1] |
Penalty | Up to one year of imprisonment. [1] [note 1] |
Gender identity | Ambiguous |
Military | No |
Discrimination protections | No |
Family rights | |
Recognition of relationships | No recognition of same-sex unions |
Adoption | No [note 2] |
This article may be in need of reorganization to comply with Wikipedia's layout guidelines .(August 2023) |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people living in Lebanon face discrimination and legal difficulties not experienced by non-LGBT residents. Various courts have ruled that Article 534 of the Lebanese Penal Code, which prohibits having sexual relations that "contradict the laws of nature", should not be used to arrest LGBT people. [2] [3] [4] [5] Nonetheless, the law is still being used to harass and persecute LGBT people through occasional police arrests, in which detainees are sometimes subject to intrusive physical examinations. [6] [7]
This section needs to be updated.(August 2023) |
Article 534 of the Lebanese Penal Code prohibits having sexual relations "contradicting the laws of nature," [8] which is punishable by up to a year in prison. As a practical matter, enforcement of the law had been varied and often occurred through occasional police arrests. In 2012 the ISF raided a cinema house that screened pornographic films in a diverse working-class neighborhood of metro Beirut, arresting thirty-six people for violating public decency and engaging in unnatural sexual behavior. At the police station, the public prosecutor ordered anal examinations on the detainees to determine whether they had been anally penetrated during sex with another man. [7] : 155 In 2002, the police broke into a woman's house after her mother claimed that her daughter had stolen some money and jewelry. Upon entering the house, the police found the woman having sexual relations with another woman and charged them both with the crime of sodomy. [9]
In 2007, Judge Mounir Suleiman called a halt to a criminal investigation of two men arrested under Article 534. He disputed that homosexuality was "contrary to the rules of nature" and noted that what was seen as "unnatural" reflected the social mores of the time. [10]
On 11 December 2009, the Lebanon-based LGBT organization Helem launched a report that would target the legal situation of homosexuals in the Middle East and North Africa. In 2011, a Lebanese judge in Batroun ruled against the use of Article 534 to prosecute homosexuals. [11]
In 2012, then Justice Minister Shakib Qortbawi weighed in on the use of anal examinations on men accused of same-sex conduct, issuing a statement calling for an end to this practice. [10] Local and transnational LGBTQ and human rights activists and groups launched a campaign against the use of forced anal examinations as tests for homosexual sex. The exams, often coupled with compulsory HIV tests, were framed as a form of torture conducted on men suspected of engaging in sex with other men. [7] : 156
In April 2013, the Mayor of Dekwaneh, a suburb north of Beirut, ordered security forces to raid and shut down a gay-friendly nightclub. Several club-goers were arrested and forced to undress in the municipal headquarters, where they were then photographed naked. This operation was condemned by numerous gay rights activists. [12] Lebanon's Interior Minister of the Interim Government, Marwan Charbel, supported the Mayor of Dekwaneh saying, "Lebanon is opposed to homosexuality, and according to Lebanese law it is a criminal offense." [13]
On 11 July 2013, the Lebanese Psychiatric Society (LPS) released a statement saying that homosexuality is not a mental disorder and does not need to be treated, they said: "Homosexuality in itself does not cause any defect in judgment, stability, reliability or social and professional abilities... The assumption that homosexuality is a result of disturbances in the family dynamic or unbalanced psychological development is based on wrong information." Also, the LPS stated that conversion therapy, seeking to "convert" gays and bisexuals into straights has no scientific background and asked health professionals to "rely only on science" when giving opinion and treatment in this matter. This made Lebanon the first Arab country to declassify homosexuality as a "disease". [14]
From 29 November to 1 December 2013, an independent group organized TransFocus, "an independent film festival that revolves around trans* and gender-variant topics, questions, persons, and politics in Lebanon." [15] The three-day event was non-profit, funded via online crowdsourcing, and was carried out by a "bunch of friends and local organizers" aimed to be "outside any institution, organization or collective; international or local." [15] The event featured film screenings, a focused discussion panel, a resource collection project, and an exhibition. [15] This marked the first Lebanese public film festival focusing on trans voices and topics. [15]
On 28 January 2014, a court in the municipality of Jdeideh threw out a case against a transgender woman accused of having an "unnatural" sexual relationship with a man. [10] [16] [17]
In January 2017, a Lebanese judge challenged the legal basis of the arrest of men for same-sex conduct. In his ruling, Judge Maalouf referred to a penal code provision protecting freedom of expression, Article 183, which states that "an act undertaken in exercise of a right without abuse shall not be regarded as an offense... If no harm is done, there is no crime," the judge wrote in his decision. [10] [18] In 2016, a Lebanese misdemeanors court issued a ruling that Article 534 of the criminal code does not apply to gay sex because gay sex is not unnatural, which was seen as a significant victory for gay rights and activism in the country. [7] : 157
Despite these rulings, Article 534 of the Penal Code still stands. Georges Azzi, executive director of the Arab Foundation for Freedoms and Equality, told the Washington Blade in 2017: "Homosexuality is technically illegal in Lebanon, however the new generation of judges are less likely to apply the law and the police forces will not reinforce it." In August 2014, the Internal Security Forces Morals Protection Bureau conducted a raid on a Turkish bathhouse in Beirut, resulting in the arrest of 27 Syrians. According to a report co-produced with Helem, the stated reason for the raid was the suspected "presence of homosexual individuals." [6] In May 2016, LGBT activists staged a sit-in, demanding Article 534 be repealed. [19]
In March 2018, the Kataeb Party, a minor Christian party, expressed support for the decriminalisation of homosexuality and the repeal of Article 534. Local LGBT activists welcomed the support, stating that this was the first time a political party in Parliament had endorsed their cause. [20]
In July 2018, the Penal Appeal Court of Mount Lebanon upheld a lower court ruling which acquitted nine people prosecuted over being gay. The lower court held that homosexuality was "a practice of their fundamental rights." The Appeal Court agreed and found that consensual sex between same-sex partners cannot be considered "unnatural" so long as it does not violate morality and ethics, such as "when it is seen or heard by others, or performed in a public place, or involving a minor who must be protected." Activists welcomed the ruling and called on the Government to repeal Article 534. [21] [22] This ruling was the fifth of its kind in Lebanon, and the first from such a high-level court.
In 2019, Military Court Judge Peter Germanos acquitted four military personnel accused of "sodomy" in a landmark ruling, clearing the group of charges of committing sexual acts "contrary to nature" and declaring that sodomy is "not punishable by law." [23]
On 24 June 2022, during Pride Month, the Caretaker Minister of Interior Bassam Mawlawi ordered the Internal Security Forces and GS to "immediately take the necessary measures to prevent any type of celebration, meeting or gathering" by the LGBT community following pressure by religious authorities in the country, while declaring: "This phenomenon [Homosexuality] is contrary to the habits and customs of our society" and religious principles, Mawlawi said, adding that "personal freedoms cannot be invoked." [24] A few days later, the Lebanese Psychiatric Association released a statement stressing their position on homosexuality, stating: "as psychiatrists, we would like to clarify that homosexuality cannot be considered a disease that requires treatment". [25] In August, the Legal Agenda and Helem argued before the Shura Council, the country's top administrative court, that Bassam Mawlawi's ban incited violence and hatred against marginalized groups and violated LGBTQ people's constitutional rights to equality, free expression, and free assembly. On 1 November, the Shura Council accepted the appeal and froze Bassam Mawlawi's decision. [26]
On 22 July 2023, secretary-general of Hezbollah, Hassan Nasrallah, declared a cultural war on the LGBT community in Lebanon, stating that homosexuality is exported to the Lebanese society from the United States and Europe, and called for capital punishment to be imposed on individuals found guilty of sodomy. [27] He called this cultural war a "Christian-Islamic war for all the Lebanese", and called for the rejection of the word homosexuals, describing them as "abnormal" and "deviant." He said that "[Homosexuality] must be confronted [...] by all means and by seeking the help of specialists for treatment." [28] This declaration of war was seen by Widad Jarbouh, a researcher and journalist at the Samir Kassir Foundation, as "politicians escaping from their responsibilities for the state of collapse that the country is witnessing at many levels, by targeting marginalized groups, including members of the LGBT community," referring to the ongoing severe Lebanese economic crisis. [29]
A district court of appeal in Lebanon ruled, on 20 August 2023, that consensual sex between people of the same sex is not unlawful and should not be criminalized under Lebanese law, Human Rights Watch said. [7] The ruling follows similar judgments from lower courts that have declined to convict gay and transgender people of "sexual intercourse contrary to nature" in four separate rulings between 2007 and 2017. It is the first such ruling from an appeals court and moves Lebanon further toward decriminalizing homosexual conduct in Lebanon. [7] "This ruling signals a new horizon for lesbian, gay, bisexual, and transgender people in Lebanon, who have long been persecuted under discriminatory laws," said Neela Ghoshal, senior researcher on lesbian, gay, bisexual, and transgender (LGBT) rights at Human Rights Watch. "The court has effectively ordered the state to get out of people's bedrooms." [6] [7]
In January 2016, the Court of Appeals of Beirut confirmed the right of a transgender man to change his official papers, granting him access to necessary treatment and privacy. [30] [31] [32] Transgender people are required to undergo sex reassignment surgery in order to change their legal gender. [33]
Men who have had sexual contact with another man are permanently banned from donating blood in Lebanon. [34]
Members of the LGBT Lebanese community began to publicly campaign for LGBT rights in 2002, with the creation of a political association called Hurriyyat Khassa ("Private Liberties" in English). The group focused its efforts on reforming Article 534 of the Criminal Code so that private sex acts between consenting adults would no longer be a crime. Another LGBT rights organization in Lebanon is called Helem (Arabic : حلم, meaning "Dream" in Arabic). These organizations have staged public demonstrations, lectures and fundraisers for HIV/AIDS education.
In 2006, Helem celebrated the International Day Against Homophobia, Transphobia and Biphobia in Monroe Hotel Downtown in Beirut. [35] [36]
In August 2007, a lesbian NGO named Meem was founded to support lesbian, bisexual, transgender, queer and questioning women in Lebanon. The group offers community support, psychological counselling, an activity center, legal support, social events, and the opportunity to work on social change. [37] Meem also hosts a Womyn House that serves as an activity and resource center in Beirut.
The inaugural Beirut Pride was planned for 21 May 2017, [38] but LGBT activists were forced to hold a private event due to fear of violence from police and radical Islamists. [39] In 2018, the organizer of Beirut Pride, Hadi Damien, was arrested. The Prosecutor of Beirut suspended all the scheduled events, and initiated criminal proceedings against Hadi for organizing events that "incite to debauchery". [40]
Lebanese communities in the Diaspora (Europe, North America, Latin America, Australia) have also established visibility and presence through Helem LGBT affiliates in various cities with big Lebanese presence including Montreal (where Helem has obtained legal registration) [41] and Paris. [42]
Lebanon is the first Arab country with its own gay periodical, entitled Barra ("Out" in Arabic). A trial issue was published in March 2005 with two full issues that followed in summer 2005 and spring 2006. [43]
A Lebanese LGBT group, Helem, also has its own website including a regular online newsletter publication.
In 2009, "Bareed Mista3jil" was published by the Lebanese lesbian Feminist Collective (FC) organization in Beirut. The organization is also called Nasawiya and is a group of activists who are involved in gender justice work. Available in both English and Arabic versions, the book is a collection of 41 true and personal stories from lesbians, bisexuals, queer and questioning women and transgender persons from all over Lebanon. [44] The book was launched in Masrah Al Madina, Beirut by the Feminist Collective and IndyAct.
On 23 August 2023, a Beirut drag show faced disruption by conservative Christians' homophobic chants, reflecting rising LGBTQ+ intolerance in Lebanon. Amnesty International urged government protection for all. [45]
For a while, only the Kataeb Party endorsed the decriminalisation of homosexuality. None of the major or minor political parties or factions publicly endorsed any of the goals of the gay rights organizations. In 2018, Kollouna Watani, which ran 66 candidates in the election endorsed the decriminalisation of homosexuality. Dozens of other candidates also called for decriminalization. [46] [47]
On 1 September 2020, Martine Najem Kteily, the vice president for management in the Free Patriotic Movement (FPM) said in an interview that the major Christian party endorses the abolishment of the Article 534 of the Lebanese Penal Code and supports the decriminalization of homosexuality.
While there were initial reports of government censorship of LGBT themes, there has been a degree of liberalization in recent years.
On 29 May 2006, Al Arabiya ran a piece in which Beirut Municipality Council member Saad-Eddine Wazzan publicly called on Prime Minister Fouad Sanyoura and Minister of Interior Ahmad Fatfat to shut down Helem. [48] On 16 June 2006, sermons in the mosques of Beirut condemned homosexuality and pointed to the fact that Beirut has a licensed LGBT organization called Helem. The sermons also called on the Government to provide explanations. The following day, Ahmed Fatfat denied charges by Islamist clerics that the Government had approved a gay rights group. [49] In 2017, LGBT activists organised Lebanon's first pride parade, named Beirut Pride, but were forced to cancel due to terrorist threats from Islamic radicals. The 2018 event was banned after the main organiser was arrested by police officials. The move was condemned by Human Rights Watch, which said: "The crackdown violates freedom of assembly and association and is a step backward in a country that has made progress toward respecting the rights of LGBT people." [50]
In May 2016, Proud Lebanon, a Lebanese non-profit organization, marked the International Day Against Homophobia, Transphobia and Biphobia (IDAHOT) by launching a media campaign. The campaign consisted of an awareness ad featuring several prominent Lebanese artists and celebrities calling on the Lebanese Government to provide equal rights to all citizens and residents regardless of sexual orientation, nationality, etc. The ad makes particular emphasis on the rights of the LGBT community to live in a society free of homophobia, since LGBT individuals may still face wide prejudice, coming mainly from conservatives or clerics. [51]
A poll conducted by the Pew Research Center in 2007 showed that 79% of Lebanese believed that "homosexuality should be rejected by society", as opposed to 18% who believed "homosexuality should be accepted by society". [52] Younger people were more likely to support acceptance, with 27% in favor, than those between 30 and 49 (17%) and those over 50 (10%). [53]
In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Lebanon was ranked 99th with a GHI score of 33. [54]
According to a 2017 World Values Survey, 48% said they would not accept a homosexual neighbour, while 52% of Lebanese respondents said they would not mind if they had a homosexual neighbour, making Lebanon the highest-ranking Arab country surveyed and the second-highest-ranking Muslim-majority country after Pakistan. [55]
According to a 2019 survey conducted by the Arab Barometer , 8% of respondents considered honour killings acceptable, compared to 6% who accepted homosexuality. [56] Another 2019 survey found that 32% of Lebanese between 15 and 80 years had severe homophobic attitudes, with more tolerance correlated with knowing someone gay, university education, high monthly income, and higher problem-focused engagement. [57]
Same-sex sexual activity | The law banning sexual acts that are "against nature" is in place still with up to a year in prison. However it is not well enforced and is not always prosecuted. [note 1] |
Equal age of consent | |
Anti-discrimination laws in employment | |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
Hate crime laws covering both sexual orientation and gender identity | |
Recognition of same-sex couples | |
Same-sex marriages | |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | [note 2] |
Gay, lesbian, and bisexual people allowed to serve in the military | |
Right to change legal gender | (Since 2016) [30] |
Third gender option | |
Access to IVF for lesbian couples | |
Commercial surrogacy for gay male couples | |
Homosexuality declassified as an illness | |
MSMs allowed to donate blood | |
Gay criminal records expunged |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Ecuador have evolved significantly in the past decades. Both male and female forms of same-sex sexual activity are legal in Ecuador and same-sex couples can enter into civil unions and same-sex marriages.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Russia face severe legal and social challenges not experienced by non-LGBTQ residents. Although sexual activity between consenting adults of the same sex is legal, homosexuality is disapproved of by most of the population and pro-LGBTQ advocacy groups are deemed "extremist" and banned. It is illegal for individuals to "promote homosexuality" and same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples. Russia provides no anti-discrimination protections for LGBTQ people and does not have a designation for hate crimes based on sexual orientation and gender identity. Transgender people are not allowed to change their legal gender and all gender-affirming care is banned. There are currently no laws prohibiting discrimination based on gender identity or expression, and recent laws could be used to discriminate against transgender residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Suriname may face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are legal in Suriname. Since 2015, hate speech and discrimination in employment and the provision of goods and services on the basis of sexual orientation has been banned in the country. Same-sex marriage and civil unions are not recognised by law. Nevertheless, Suriname is legally bound to the January 2018 Inter-American Court of Human Rights ruling, which held that same-sex marriage is a human right protected by the American Convention on Human Rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Moldova face legal and social challenges and discrimination not experienced by non-LGBTQ residents. Households headed by same-sex couples are not eligible for the same rights and benefits as households headed by opposite-sex couples. Same-sex unions are not recognized in the country, so consequently same-sex couples have little to no legal protection. Nevertheless, Moldova bans discrimination based on sexual orientation in the workplace, and same-sex sexual activity has been legal since 1995.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face significant challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in India have expanded in the 21st century, though much of India's advancements on LGBT rights have come from the judiciary and not the legislature. LGBTQ people in India continue to face legal and social challenges not experienced by non-LGBTQ people. There are no legal restrictions against gay sex within India. Same-sex couples have some limited cohabitation rights, colloquially known as live-in relationships. However, India does not currently provide for common-law marriage, same-sex marriage, civil union or unregistered cohabitation.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Indonesia face legal challenges and prejudices not experienced by non-LGBTQ residents. Traditional social norms disapprove of homosexuality and gender transitioning, which impacts public policy. Indonesian same-sex couples and households headed by same-sex couples are not eligible for any of the legal protections available to opposite-sex married couples. Most parts of Indonesia do not have a sodomy law, and the country does not currently prohibit non-commercial, private and consensual sexual activity between members of the same-sex, yet there is no specific Indonesian law that protects the LGBT community against discrimination and hate crimes. In Aceh, homosexuality is illegal under Islamic Sharia law and it is punishable by flogging or imprisonment. Indonesia does not recognize same-sex marriage.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Republic of China (Taiwan) are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal, and same-sex marriage was legalized on 24 May 2019, following a Constitutional Court ruling in May 2017. Same-sex couples are able to jointly adopt children since 2023. Discrimination on the basis of sexual orientation, gender identity and gender characteristics in education has been banned nationwide since 2004. With regard to employment, discrimination on the basis of sexual orientation has also been prohibited by law since 2007.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.
Helem is the first LGBTQIA+ rights non-governmental organization in the Arab world, founded in Beirut, Lebanon, in 2001. Its mission is to lead a non-violent struggle for the liberation of lesbian, gay, bisexual, transgender, queer, intersex, and other persons with non-conforming sexualities and/or gender identities (LGBTQIA+) in Lebanon and the MENA region from all sorts of violations of their individual and collective civil, political, economic, social, and cultural rights. Helem’s name was also an acronym in Arabic that stood for “Lebanese protection for the LGBT community”.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guatemala face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are legal in Guatemala.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual, and transgender (LGBT) people in Barbados do not possess the same legal rights as non-LGBT people. In December 2022, the courts ruled Barbados' laws against buggery and "gross indecency" were unconstitutional and struck them from the Sexual Offences Act. However, there is no recognition of same-sex relationships and only limited legal protections against discrimination.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Mauritius have expanded in the 21st century, although LGBTQ Mauritians may still face legal difficulties not experienced by non-LGBTQ residents. Prior to 2023, sodomy was criminalized by Section 250 of the Criminal Code. However, the Supreme Court of Mauritius fully decriminalized homosexuality in October 2023. Although same-sex marriage is not recognized in Mauritius, LGBTQ people are broadly protected from discrimination in areas such as employment and the provision of goods and services, making it one of the few African countries to have such protections for LGBTQ people. The Constitution of Mauritius guarantees the right of individuals to a private life.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
LGBTQ people in the Dominican Republic face multiple challenges. Although homosexuality between adults in private is decriminalized, LGBTQ Dominicans still endure discrimination and violence due to their sexual orientation and/or gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people generally have limited or highly restrictive rights in most parts of the Middle East, and are open to hostility in others. Sex between men is illegal in 9 of the 18 countries that make up the region. It is punishable by death in four of these 18 countries. The rights and freedoms of LGBTQ citizens are strongly influenced by the prevailing cultural traditions and religious mores of people living in the region – particularly Islam.
Georges Azzi is the co-founder of Helem, a Lebanese non-profit organisation working on improving the legal and social status of LGBTQ people, and is the executive director of the Arab Foundation for Freedoms and Equality.
Lesbian, gay, bisexual and transgender (LGBT) people in Kerala face legal and social difficulties not experienced by non-LGBT persons. However, Kerala has been at the forefront of LGBT issues in India after Tamil Nadu. It became one of the first states in India to establish a welfare policy for the transgender community and in 2016, proposed implementing free gender affirmation surgery through government hospitals. Same-sex sexual activity has been legal since 2018, following the Supreme Court ruling in Navtej Singh Johar v. Union of India. In addition, numerous LGBT-related events have been held across Kerala, including in Kochi and Thiruvananthapuram. However, there is also increasing opposition to LGBT rights recently as evidenced by the anti-LGBT campaigns spearheaded by meninist groups and Muslim organisations like Indian Union Muslim League, Samastha and Jamaat-e-Islami.
This is a timeline of notable events in the history of non-heterosexual conforming people of African ancestry, who may identify as LGBTIQGNC, men who have sex with men, or related culturally specific identities. This timeline includes events both in Africa, the Americas and Europe and in the global African diaspora, as the histories are very deeply linked.
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For members of Lebanon's gay community, Beirut Pride week was intended as a way to celebrate diversity, fight discrimination and push for more rights and recognition. But that dream came crashing down this week when the Lebanese authorities detained the celebration's organizer, releasing him only after he promised to cancel the remaining events.