LGBT individuals may be targeted under Bahrain’s vague indecency laws, which can be used to discriminate against sexual minorities. Additionally, Bahrain follows Islamic law, under which same-sex activity, adultery, and sodomy can be seen as punishable offenses.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people living in Bahrain face legal challenges and discrimination not experienced by non-LGBT residents. [1][4][2][3] While same-sex sexual activity was decriminalised in , laws against indecency remain and are used to target gender and sexual minorities.
While homosexual activity in private is not specifically criminalised in Bahrain, the government has used vague laws against indecency and immorality to target individuals suspected of being LGBTQ+. Bahrain may consider homosexuality as "immoral", although homosexual activity is not explicitly illegal. Same-sex marriage in Bahrain is banned. There is no legal recognition of same-sex relationships in Bahrain.
Censorship of LGBT issues in Bahrain is imprisonment as punishment. Bahrain decriminalized same-sex sexual relations in , repealing a British colonial-era law. Public opinion on LGBTIQ people is mixed. In a study by the Williams Institute, Bahrain was ranked out of countries for its average LGBTI acceptance scores from to Cases in this decade tackled the prohibition on gay men and lesbians joining the armed forces, the decision of which saw 16 member states alter their practices regarding gays or lesbians in the armed forces soon after.
Just two years later in all consensual same-sex sexual acts in private were decriminalised see below. The age of consent for same-sex sexual activity remained at 21 until when it was lowered to 18, before being equalised with heterosexual sexual activity at 16 with the introduction of the Sexual Offences Amendment Act Union of India , for the Indian Supreme Court unanimously to rule that the section was unconstitutional.
In , the Parliament passed legislation repealing laws criminalising consensual same-sex sexual conduct between consenting adults becoming the last jurisdiction in Europe to do so as a result of pressure from an impending case, H. Only men were criminalised under this law. This made the penal code the first western law to decriminalise same-sex sexual activity since classical antiquity.
The Court of Final Appeal of the Hong Kong Special Administrative Region in Secretary for Justice v Yau Yuk Lung Zigo held that laws on buggery in public, violated the constitutional right to equality as there was no equivalent provision applicable to heterosexuals. The High Court held that the claimants did not have standing to bring various aspects of the case because they no longer live d in S ain t Vincent and the Grenadines, or because they did not provide sufficient evidence of historic rights violations.
As we know from the situation in Northern Ireland described in Dudgeon above, the ECHR right to privacy prohibits the criminalisation of same-sex activity. On 29 June, members of the Senate voted in favour of the amendment repealing the criminalising provision. However, it was in former British colonies, with many extending gross indecency laws to include sexual activity between women beginning in the late 20 th century after the abolition of British rule and the decriminalisation of same-sex sexual activity in the UK.
This reveals the general invisibility of female sexuality , particularly same-sex sexuality, that was reflected in British criminal law at the time, and was subsequently transported around the Commonwealth. The law remains in force to this day and applies to sexual relations between men and between women. As a sign of the growing importance and power of international institutions, and in the light of the decision of Dudgeon v United Kingdom , the Council of Europe adopted decriminalisation as a necessary condition to apply to all member states.
Oscar Wilde and Alan Turing were amongst the many convicted under Section In Jason Jones v. Cyprus Modinos v.
A growing trend Decriminalisation in the s During this decade Iceland , Switzerland as a nation in , although some cantons had previously decriminalised in , and Sweden all decriminalised. This decision was the culmination of an almost five-year legal case, originally filed in by a gay man who was challenging provisions of the Sexual Offences Act on the basis that they violated his constitutional rights.
Notably, they also asserted that there was no conclusive scientific consensus that homosexuality, or same-sex attraction, is innate. The High Court held that the criminal provisions were unconstitutional, as they contravened the fundamental rights to personal privacy and freedom of expression. Inter-American Commission on Human Rights Criminalisation Puts Women at Risk The Inter-American Commission on Human Rights noted in its report on the human rights situation in Jamaica that even though laws do not expressly criminalise sexual acts between women, the effect of criminalisation and societal homophobia is to put women at risk of discrimination and violence, something which LBTQ women face in regularly in Jamaica.
The High Court acknowledged, in line with domestic and international studies and case law, that criminal laws like s. After continued resistance by Tasmania following the decision in Toonen see above , the federal government of Australia enacted the Human Rights Sexual Conduct Act to override the offending laws of the state of Tasmania. It also found that the authorities have breached her right to access to justice, since the criminal law constrains her ability to complain of abuses and urged Sri Lanka to decriminalise same-sex sexual activity.
In , France introduced a new penal code predicated on the belief that private acts by private individuals were not a matter for state intervention. While the fight for LGBT equality is far from complete, the distance travelled, even in the last 50 years, is reason to be hopeful. I agree to the privacy policy.
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