Publication

The Human Dignity Trust has just launched an innovative new digital tool to support the reform of outdated and discriminatory sexual offence laws around the Commonwealth


Changing Laws, Changing Lives: Assessing sexual offences laws in the Commonwealth, put together by the Human Dignity Trust, reviews sexual offence legislation in all 54 Commonwealth member states using a set of indicators to assess their human rights compliance in four areas of law - sexual assault, child sexual assault, disability and consensual same-sex sexual activity.

ILGA World releases updated State-Sponsored Homophobia report

Today ILGA World released its updated State-Sponsored Homophobia report.

Some key statistics from the report (as of December 2020):

 

There are 124 UN member States (64% of UN member States) where consensual same-sex sexual acts between adults are legal.

 

Criminalisation of consensual same-sex sexual acts

 

69 UN member States still criminalise consensual same-sex sexual acts between adults (67 by explicit provisions of law, 2 de facto).  Additionally, these acts are criminalised in one non-independent territory (Cook Islands, New Zealand) and in certain jurisdictions within two UN member States (Gaza in Palestine and certain provinces in Indonesia)

 

In 6 UN member States, the death penalty is the legally prescribed punishment for consensual same-sex sexual acts: Brunei, Iran, Mauritania, Nigeria (12 Northern states only), Saudi Arabia and Yemen

 

In 5 additional UN member States - Afghanistan, Pakistan, Qatar, Somalia (including Somaliland) and the United Arab Emirates - certain sources indicate that the death penalty could potentially be imposed for consensual same-sex conduct, but there is less legal certainty on the matter.

 

Restriction of rights

 

At least 42 UN member States have legal barriers to freedom of expression on sexual orientation and gender identity issues

 

At least 51 UN member States have legal barriers to the formation, establishment or registration of NGOs working on issues related to sexual and gender diversity.

 

Protection from discrimination

 

11 UN member States contain constitutional provisions that specify sexual orientation in their anti-discrimination protections

 

57 UN member States offer broad protections against discrimination based on sexual orientation - including in education, health, the provision of goods and services and/or housing

 

81 UN member States have laws protecting from workplace discrimination on the basis of sexual orientation

 

48 UN member States impose enhanced criminal penalties for offences motivated by hate towards the victim’s sexual orientation

 

45 UN member States have laws that punish acts of incitement to hatred, discrimination or violence based on sexual orientation

 

4 UN member States (Brazil, Ecuador, Germany, Malta) have nationwide bans against “conversion therapies”.  There are subnational bans in 5 other UN member States: Australia, Canada, Mexico, Spain, United States.

 

Recognition of rainbow families

 

28 UN member States recognise same-sex marriageOne non-UN member jurisdiction (Taiwan) has also legalised same-sex marriage.

 

34 UN member States provide for some partnership recognition

 

28 States have joint adoption laws, while 32 States allow for same-sex second parent adoption.

The full report and associated maps can be found here.