LGBT rights in Libya

LGBT rights in Libya Libya

Same-sex sexual activity legal? Illegal
Penalty:
 Death
Gender identity/expression –
Military service No
Discrimination protections None
Family rights
Recognition of
relationships		 No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Libya face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal.

Criminal laws

The country's criminal code prohibits all sexual activity outside of a lawful marriage. Private homosexual acts between consenting adults are illegal. The maximum punishment permitted in the penal code is death [1]

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 cruel punishments against persons found to be violating traditional Islamic morality.[2]

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.[3]

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.[4]

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.[5]

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.[6]

Summary table

Same-sex sexual activity legal (Penalty: Death)
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. ↑ http://thenewstalkers.com/forum/topics/12-men-accused-of-being-gay-face-torture-death-by-libyan-militia
  2. ↑ 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.
  3. ↑ Littauer, Dan (25 December 2010). "Libya: Two Men Arrested for 'Indecent Acts'. gaymiddleeast.com (via globalgayz.com). Retrieved 15 September 2011.
  4. ↑ Staff (25 October 2010). "Libya: Lesbian To Request Asylum In France". Ansa Mediterranean (via globalgayz.com). Retrieved 15 September 2011.
  5. ↑ Young, Craig (8 March 2011). "Being Gay under Gaddafi". GayNZ.com. Retrieved 15 September 2011.
  6. ↑ Outrage as Libya tells United Nations: 'Gays threaten the future of the human race', 14 February 2012, Daily Mail
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