) Yemen (See Yemeni Civil War) | |
| Status | Illegal: Islamic Sharia Law is applied (Republic of Yemen) |
| Penalty | Lashes, prison and up to execution (Republic of Yemen) |
| Gender identity | No |
| Military | No |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Adoption | No |
Lesbian, gay, bisexual, transgender (LGBT) persons in Yemen face legal challenges not experienced by non-LGBT residents. Same-sex adultery is punishable by death, though that has not been enforced. LGBT persons additionally face stigmatization among the broader population.
Legality of same-sex sexual acts
Republic of Yemen
Constitutional law
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
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
Media censorship
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 2012, 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 | ){kind=small} /){kind=small} (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
- Human rights in Yemen
- LGBT in the Middle East
- Death penalty for homosexuality
References
- ^ "Constitution of the Republic of Yemen, 1994". 28 February 2008. Archived from the original on 28 February 2008. Retrieved 17 December 2017.
- ^ a b "GayLawNet - Laws - Yemen". Gaylawnet.com. Retrieved 17 December 2017.
- ^ "No Place for Gays in Yemen - Inter Press Service". Ipsnews.net. Retrieved 17 December 2017.
- ^ 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.
- ^ "Yemen | L'Observatoire mondial de la société de l'information". www.giswatch.org. Retrieved 10 February 2021.
- ^ Aljazeera, 18 May 2004