In which Countries is it Illegal to be LGBTIQ+?

On our planet, each country, nation or continent has its own rights and carries out laws in defense of different freedoms. However, human rights refer to the set of rights concessions that we basically have for being and existing. These in principle are not predefined by any state, but must be granted to us regardless of nationality, gender, ethnic origin, religion or any other condition.

As you are probably thinking, human rights are often not respected. Human rights are considered in some ways a utopia of the set of freedoms that all people should have, but they are not assured for all people. On many occasions, we are not aware of our privileges or freedoms and we do not realize that many people cannot exist in the same way as others; discrimination exists.

If we take human rights into account, any person should be respected regardless of their sexual orientation, for example, but, however, LGBTIQ+ rights are not assured for all people. Specifically, there are 67 countries in which homosexuality is still criminalized. If human rights must be respected, why are there still territories that do not allow LGBTIQ+ people to exist?

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In this article We are going to focus on LGBTIQ+ rights and how in certain countries, different forms of queer expression are still prohibited. It is important to step out of our bubble, consider our privileges, and learn about the present struggle that many people across the planet still face.

Related article: "The 16 types of discrimination (and their causes)"

What are LGBTIQ+ rights?

It is important to first define what LGBTIQ+ rights are. These encompass a set of human rights that focus on equality and non-discrimination of the people who are part of this group; lesbian, gay, bisexual, transsexual, intersex and queer.

These rights seek to guarantee that all people, regardless of their sexual orientation, gender identity, gender or sexual characteristics, can have the same rights and opportunities as any other person in the community. society.

The fight for LGBTIQ+ rights has been a fundamental part of civil rights movements around the world. Historically, LGBTIQ+ people have faced discrimination, stigmatization, violence and inequality in diverse areas of their lives, from employment and education to health care and access to living place. LGBTIQ+ rights seek to address these inequalities and promote inclusion and equality.

Although significant progress has been made in many places around the world in terms of LGBTIQ+ rights, challenges and discrimination still persist. The fight for equal rights continues to be a priority for many human rights defenders and LGBTIQ+ activists, and work is being done constantly to ensure that all people can live without fear of discrimination or persecution due to their sexual orientation or identity of genre.

Fundamental LGBTIQ+ rights include:

1. Right to non-discrimination

All people should be treated equally, regardless of their sexual orientation, gender identity or sexual characteristics. This should punish any type of aggression or violation of rights that is carried out towards the people who are part of this group.

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2. Right to gender identity

Transgender people or any gender non-conforming identity have the right to live according to their gender identity and access medical and legal services that enable them to do so.

3. Right to sexual orientation

People should not be penalized or discriminated against due to their sexual orientation, having to ensure equal rights and protection for gay, lesbian and bisexual people.

4. Right to equal marriage

The right to marry a person of the same sex is fundamental to guarantee equal rights. Denying equal marriage is often determined by religious or discriminatory prejudices that do not see a non-heterosexual marriage as “natural”.

5. Right to health

LGBTIQ+ people have the right to receive medical care that is respectful of their identity and sexual orientation. This means that cannot be denied medical care and that states should facilitate laws for, for example, the health protection of trans people.

6. Right to adoption and parenting

LGBTIQ+ people must be able to adopt and raise children without discrimination. In the same way as with marriage, this is one of the rights that is most difficult to assume in societies due to the normalization and socialization of heterosexual nuclear families.

7. Right to inclusive education

Schools must be safe spaces free of discrimination for all students, regardless of sexual orientation or gender identity.

Where is it illegal to be LGBTIQ+?

Let's start by discussing the countries in which it is illegal to simply be an LGBTIQ+ person. Many people are not aware that, in some places, people from this group are prohibited from existing., as if that were possible. Furthermore, as we will comment below, these rights are punishable in some places with prison, but in others, with the death penalty.

Starting with Central and South America, sexual relations between people of the same sex are punishable by imprisonment in:

Jamaica
Dominican Republic
St. Lucia
Saint Vincent
Grenadines
Grenade
Guyana.

Africa is the continent with the highest number of countries that condemn relationships between people of the same sex with prison:

Morocco
Algeria
Tunisia
Libya
Egypt
Sahrawi Arab Democratic Republic
Chad
Sudan
South Sudan
Eritrea, Ethiopia
Somalia
Uganda
Kenya
Tanzania
Burundi
Zambia
Malawi
Zimbabwe
Senegal
Gambia
Guinea
Sierra Leone
Liberia
Ghana
Togo
Nigeria
Cameroon
Maurice Island

Besides, Sexual relations between people of the same sex are punishable by death in Mauritania and some communities in Nigeria and Somalia.

Homosexual relations are also illegal in:

Palestine
Lebanon
Syria
Saudi Arabia
Kuwait
Yemen
Qatar
Arab Emirates
Oman
Pakistan
Turkmenistan
Uzbekistan

In addition, they are sentenced to death in Iran and Afghanistan.

Moving on to Asia, homosexuality is illegal in:

Maldives
Sri Lanka
Bangladesh
Myanmar
Malaysia
Brunei
Papua New Guinea,

And it also works on some islands such as Kiribati, Tuvalu, Samoa, Niue and Tonga.

Gay marriage

Focusing on homosexual or equal marriage, only 35 countries recognize it, almost half compared to those mentioned above that condemn this type of relationship. The first country to declare it was the Netherlands on April 1, 2001, followed by: Belgium (2003), Spain and Canada (2005), South Africa (2006), Norway and Sweden (2009), Portugal, Iceland and Argentina (2010), Denmark (2012), Brazil, France, Uruguay and New Zealand (2013), Luxembourg, the United States and Ireland (2015), Colombia (2016), Finland, Malta, Germany and Australia (2017), Austria, Taiwan and Ecuador (2019), United Kingdom and Costa Rica (2020), Chile, Switzerland, Slovenia, Cuba and Mexico (2022), Andorra and Nepal (2023) and Estonia, which will legalize it in 2024.

This list leaves out countries such as Italy, Greece, Croatia, Hungary, Poland, Switzerland or the Czech Republic, which only allow civil unions between people of the same sex. Furthermore, it is important to mention Russia, which, although it does not de facto prohibit homosexual relations, does establish restrictions on freedom of expression and association for LGBTIQ+ people, which hinders their quality of life and establishment of freedoms.

Rights of transsexual people

Trans rights still have many battles to win. It is important to keep in mind that transsexuality was not considered a pathology by the World Health Organization until just five years ago, in 2018. Therefore, although some countries are beginning to consider more and more rights for these people, there is still much to do.

Only in Europe, there is no recognition of gender identity nor is there an option to change night and registered sex in:

Hungary
Liechtenstein
Albania
Cyprus
Vatican
Gibraltar
North Macedonia
San Marino
Monaco
Kosovo.

Spain approved the Trans Law in 2023, following in the footsteps of Denmark in 2014, the first country to approve legislation to respect the rights of trans people. This Spanish law allows gender self-determination, prohibits conversion therapies throughout the country and avoids the need for a psychological diagnosis to begin the processing and relevant bureaucracy to obtain documentation according to the gender of the people. It is important to keep in mind that this happened this year and that it was accompanied by a dangerous crowd of detractors, positioned in against through insufficient arguments that only hint at the phobia of diversity and the trans realities of these sectors of society. society.

There is much left to fight

As we see, no; not everything is achieved. Although we have only commented on some of the rights of LGBTIQ+ people, it is easy to see that being part of this group is not easy or equal.

Many people think that by granting laws such as equal marriage, LGBTIQ+ people should stop fighting or “complaining”, but the reality is that this permission is not enough and you just have to do a quick search to realize that existing is prohibited for these people in twice as many countries that allow their marriage.

There are other restrictions that limit the rights of LGBTIQ+ people, such as the prohibition on donate blood or join the Army (current in most Eastern European countries, for example) example). Learning, organizing and fighting is what people from the LGBTIQ+ community are forced to do throughout their lives to be respected and live in a society that is little by little more just. Do you really think that everything is achieved?