LGBT rights in Asia
Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in Asia, and acceptance of LGBT persons varies widely. Same-sex sexual activity is outlawed in at least twenty Asian countries. As of 2023, Taiwan, Israel, Nepal, and India provide a wider range of LGBT rights – such as same-sex relationship recognition or anti-discrimination laws, while at least nine countries, such as Georgia, Singapore, Japan, Lebanon and Thailand, have enacted protections for LGBT people. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen homosexual activity is punishable by death.[1][2] In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip.[3][4] While egalitarian relationships have become more frequent in recent years, they remain rare.[2][5][6]
LGBT rights in Asia | |
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Status | Legal, with an equal age of consent, in 29 out of 50 states Legal, with an equal age of consent, in 7 territories |
Gender identity | Legal in 23 out of 50 states Legal in 1 territory |
Military | Allowed in 9 out of 50 states Allowed in 2 territories |
Discrimination protections | Protected in 14 out of 50 states Protected in 4 territories |
Family rights | |
Recognition of relationships | Recognized in 4 out of 50 states Recognized in 4 territories |
Restrictions | Same-sex marriage constitutionally banned in 5 out of 50 states |
Adoption | Legal in 2 out of 50 states |
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Historical discrimination towards homosexuality in much of the region include the ban on homosexual acts enforced by Genghis Khan banned in the Mongol Empire, which made homosexuality punishable by death.[7][8] Many Asian countries have collectivist cultures, wherein aggression is generally accepted by society if it is used to protect the family honor. Homosexuality is generally considered to be dishonorable, so homophobic aggression in the name of protecting family honor is common.[9] The Fatawa-e-Alamgiri of the Mughal Empire mandated a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.[10][11][12][13][14][15][16]
In 2019, a survey by The Economist found 45% of respondents in the Asia-Pacific believed that same-sex marriage is inevitable in the region, while 31% of respondents disagreed. Furthermore, three-quarters of those surveyed reported a more open climate for LGBT rights compared to three years ago. Of those reporting an improving climate for LGBT people, 38% cited a change in policies or laws. Meanwhile, 36% said coverage of LGBT issues in mainstream media was a major factor. The top reasons cited for diminishing openness was anti-LGBT advocacy by religious institutions.[17][18]
Legislation by country or territory
North Asia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
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Russia | Fully legal since 1993[19][20] Illegal de facto in Chechnya, where homosexuals are abducted and sent to concentration camps based on their perceived sexual orientation. |
Constitutional ban since 2020[21] | [22] | Gender change has not been legal since 2023[23] |
Central Asia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
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Kazakhstan | Legal since 1998[20] | Since 2022[24] | [25] | |||||
Kyrgyzstan | Legal since 1998[20] | Constitutional ban since 2016[26] | Requires sex reassignment surgery[27][25] | |||||
Tajikistan | Legal since 1998[20] | Requires sex reassignment surgery[28][25] | ||||||
Turkmenistan | Illegal for Males since 1927 Penalty: up to 2 years imprisonment. |
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Uzbekistan | Illegal for Males since 1926 Penalty: up to 3 years imprisonment. |
West Asia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
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Abkhazia (Disputed territory) |
Legal after 1991 | |||||||
Akrotiri and Dhekelia (Overseas Territory of the United Kingdom) |
Legal since 2000 + UN decl. sign.[20] |
Civil partnerships since 2005 | Legal since 2014 | UK responsible for defence | Bans some anti-gay discrimination[29] | |||
Armenia | Legal since 2003 + UN decl. sign.[20] |
Constitutional ban since 2015[30][31] | LGBT individuals may adopt, but not same-sex couples. | [32] | ||||
Artsakh (Disputed territory) |
Legal since 2000 | Constitutional ban since 2006[33] | ||||||
Azerbaijan | Legal since 2000[20] | |||||||
Bahrain | Legal since 1976[20] | Transgender people allowed to change legal gender, but only after sex reassignment surgery.[34] | ||||||
Cyprus | Legal since 1998 + UN decl. sign.[20] |
Civil cohabitation since 2015[35] | [36] | Bans some anti-gay discrimination[37] | Forbids some discrimination based on gender identity.[38] Gender change is not legal. |
/ | ||
Egypt | / Ambiguous. Male de jure legal, but de facto illegal since 2000 Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws.[20][39] |
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Georgia | Legal since 2000 + UN decl. sign.[20] |
Constitutional ban passed but yet to take effect | Bans all anti-gay discrimination[40] | Requires sterilization and sex reassignment surgery for change[41] | ||||
Iran | Illegal Penalty: 74 lashes for immature men and death penalty for mature men (Although there are documented cases of minors executed because of their sexual orientation)[42]. For women, 100 lashes for women of mature sound mind and if consenting. Death penalty offense after fourth conviction.[20] |
Legal gender recognition legal if accompanied by a medical intervention[43] | ||||||
Iraq | / Ambiguous. De jure legal since 1969, but de facto repressed[44] | |||||||
Israel | Legal since 1963 (de facto), 1988 (de jure)[45] + UN decl. sign.[20][46] |
Unregistered cohabitation since 1994. | / Foreign same-sex marriages are recognized and recorded in the population registry | Permitted by law since 2008,[47] but in practice not possible in nearly every case[48] | Since 1993; Includes transgender people[49] | Bans all anti-gay discrimination[50][51][52] | Almost full recognition of gender's ID without a surgery or medical intervention (Excluding changing gender and name in birth certificate) ;[53] equal employment opportunity law bars discrimination based on gender identity[54][55][56] | [57][58] |
Jordan | Legal[20] | Allowed since 2014[59] | ||||||
Kuwait | Male illegal Penalty: Fines or up to 6-year prison sentence. Female always legal[20][60] |
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Lebanon | / Ambiguous. Illegal under Article 534 of the Penal Code. Some judges have ruled not to prosecute individuals based on the law, however, this has not been settled by the Supreme Court and thus homosexuality is still illegal.[61] However, a 2017 court ruling claims that it is legal, but the law against it is still in place. Penalty: Up to 1 year imprisonment (rarely enforced). |
Legal gender change allowed, but sex reassignment surgery required[62] | ||||||
Northern Cyprus (Disputed territory) |
Legal since 2014[63][64][20] | Bans all anti-gay discrimination[63][64] | Legal, requires surgery for change[65] | |||||
Oman | Illegal Penalty: Fines and prison sentence up to 3 years (Only enforced when dealing with "public scandal").[20] |
Laws against forms of gender expression. | ||||||
Palestine |
West Bank: Legal[20] Gaza: Illegal for Males since 1936 Penalty: Up to 10 years imprisonment.[20] |
West Bank: Gaza: |
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Qatar | Illegal Penalty: Fines, up to 7 years imprisonment[20] Death penalty for Muslims. |
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Saudi Arabia | Illegal Penalty: Prison sentences of several months to life, fines, castration, torture or death can be sentenced on first conviction. A second conviction merits execution. Homosexuality itself, not just performed acts, can be considered illegal in Saudi Arabia.[20] |
Laws against forms of gender expression. | ||||||
South Ossetia (Disputed territory) |
Legal after 1991 | |||||||
Syria | Illegal Penalty: Up to 3 years imprisonment (Law de facto suspended)[66][20] |
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Turkey | Legal since 1858[20] | LGBT individuals may adopt, but not same-sex couples. | Requires sterilisation and sex reassignment surgery for change[67] | |||||
United Arab Emirates | Death, life in prison, floggings,[68] fines, deportation, chemical castration,[69][70] forced psychological treatments,[71] honor killings,[69] vigilante executions,[72][73] beatings,[74][75] forced anal examinations,[76] forced hormone injections,[77] and torture.[74][78] | In September 2016, the Government passed Federal Decree No 4, a series of changes to reduce doctors' criminal liability. The new law allows doctors to perform medical intervention on intersex people so as to "correct" their sex, effectively removing either the male or female genitalia. Sex reassignment surgery remains illegal. [79][80][81] Laws used to criminalize gender expression. | ||||||
Yemen | Illegal Penalty: Unmarried men punished with 100 lashes of the whip or a maximum of one year of imprisonment, stoning for adultery is not enforced. Women punished up to three years of imprisonment; where the offense has been committed under duress, the punishment is up to seven years detention.[20] |
South Asia
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
---|---|---|---|---|---|---|---|---|
Afghanistan | Illegal Penalty: Death penalty[82] |
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Bangladesh | Illegal since 1862 Penalty: 10 years to life imprisonment (Occasionally enforced).[20][83] |
A third gender option (hijra) besides male and female is available[84] | ||||||
Bhutan | Legal since 2021[85] | |||||||
British Indian Ocean Territory (Overseas Territory of the United Kingdom) |
Legal since 2001 + UN decl. sign.[20] |
Civil partnerships since 2005 | Legal since 2014 | UK responsible for defense | ||||
India | Legal since 2018[86] | Unregistered cohabitation and live-In relationships recognized since 2022 [87] | / Discrimination based on sexual orientation and gender identity prohibited by court decision. No nationwide law.[88][89][90] | A third gender option (hijra) besides male and female is available; transgender people have a constitutional right to change gender, only after medical/surgical intervention[91][90] | ||||
Maldives | Illegal Penalty: Up to 8 years imprisonment, house arrest, lashings and fines. (unenforced)[92] LGBTQ welcomed in tourist islands [93] |
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Nepal | Legal since 2007 + UN decl. sign.[20] |
Pending | Pending | Proposed | Since 2007 | Bans all anti-gay discrimination | / Change to third gender "O" legal since 2007, unable to change to male or female[94] | |
Pakistan | Illegal since 1862 Penalty: 2 years to life sentence (Occasionally enforced).[20][95] |
Transphobia illegal
Homophobia/biphobia is not illegal |
Right to change gender; transgender and intersex citizens have legal protections from all discrimination and harassment[96] | |||||
Sri Lanka | Illegal since 1885 Penalty: Up to 10 years imprisonment with fines.[20] (Ruled unenforcable by the Supreme Court) Legalization proposed |
Transgender people allowed to change legal gender after sex reassignment surgery or medical intervention[97] |
East Asia
LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
---|---|---|---|---|---|---|---|---|
China | Legal since 1997[20] | / "Legal guardianship" since 2017 | / (Open displays prohibited) | / Transgender people allowed to change legal gender, but only after sex reassignment surgery. However, it is difficult to change the gender information of educational attainments and academic degrees for lack of legal procedures, even after sex reassignment surgery[98], which has caused discrimination against well-educated trans women[99]. | ||||
Hong Kong | Legal since 1991[20] | / Same-sex marriages registered overseas for government benefits and taxation, and limited recognition of local cohabiting partners | LGBT individuals may adopt, but not same-sex couples[100] | The central government of China is responsible for the defense of Hong Kong.[101] | Bans some anti-gay discrimination (government discrimination only) | Surgery not required since 2023 in accordance to a court ruling[102] | ||
Japan | Legal + UN decl. sign.[20] |
* Symbolic recognition in some jurisdictions. | Proposed[103] | The Japan Self-Defense Forces allow gay people to enlist.[104] | No nationwide protections, but some cities ban some anti-gay discrimination[20] | Transgender people allowed to change legal gender, but only after sex reassignment surgery | ||
Macau | Legal since 1996 | The central government of China is responsible for the defence of Macau. | Bans some anti-gay discrimination | |||||
Mongolia | Legal since 1993 + UN decl. sign.[20] |
Constitutional ban since 1992 | Bans some anti-gay discrimination | Transgender people allowed to change legal gender but only after sex reassignment surgery | / | |||
North Korea | / Ambiguous, punishable through Articles 193 and 262 regarding obscenity and decency laws. Penalty: Unknown |
10-year celibacy required for all soldiers.[105] Open displays of LGBT attitudes are prohibited. | ||||||
South Korea | Legal + UN decl. sign.[20] |
Proposed[106] | / Protection from discrimination varies by jurisdiction in some areas, including Seoul | Transgender people allowed to change legal gender but usually requires sex reassignment surgery | ||||
Taiwan | Legal[107] | [108] | Legal since 2019[109][110][111] | Stepchild adoption since 2019 Joint adoption legal since 2023[112] |
Constitutionally bans all anti-gay discrimination from government[113]; several laws banning anti-gay discrimination regarding education and employment.[114][115] | Transgender people allowed to change legal gender, but only after sex reassignment surgery.[lower-alpha 1] |
Southeast Asia
LGBT rights in | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
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Aceh (autonomous territory of Indonesia) | Illegal Penalty: 100 strokes of the cane or 8 years in prison[117] |
LGBT individuals may adopt, but not same-sex couples | The central government of Indonesia is responsible for the defense of Aceh. | Follows the law of the central Indonesian government. | Follows the law of the central Indonesian government. | |||
Brunei | Illegal since 1908 Penalty: Death by stoning (in abeyance), 1 year imprisonment and 100 lashes for men. Caning and 10 years prison for women.[118] |
Laws prohibit forms of gender expression. | ||||||
Cambodia | Legal[20] | / Partnerships recognized in certain cities | There has been at least one recorded case of a legally registered and recognized same-sex marriage; constitutional ban since 1993 | / Officially banned, but numerous same-sex adoptions have taken place | [119] | |||
East Timor | Legal since 1975 + UN decl. sign.[20] |
LGBT individuals may adopt, but not same-sex couples | Bans some anti gay discrimination, Hate crime protections since 2009.[120] | |||||
Indonesia | Legal (except in Aceh)[20][121] | LGBT individuals may adopt, but not same-sex couples | Not explicitly prohibited by Law (de jure), Illegal (de facto) | Limited protection following legal process by the authorities.[122] | Transgender people allowed to change legal gender, but only after sex reassignment surgery. | |||
Laos | Legal[20] | |||||||
Malaysia | Illegal since 1871 Penalty: fines, prison sentence (2–20 years), or whippings.[20][123] |
LGBT individuals may adopt, but not same-sex couples | Generally impossible to change gender. However, a 2016 court ruling recognizes gender changes as fundamental constitutional rights[124] Forms of gender expression are criminalized. | |||||
Myanmar | Illegal since 1886 Penalty: Up to 20 years in prison (Not enforced).[20] |
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Philippines | Legal + UN decl. sign.[125][20][126][127] |
(Pending) [125] | (Pending) [128] | LGBT individuals may adopt, but not same-sex couples[129][128] | Since 2009 | Bans some anti-gay discrimination in certain cities and provinces,[130] including the City of Manila,[131]Cebu City,[132] Quezon City,[133] and Davao City;[134] |
(Pending) | |
Singapore | Fully legal since 2022 | Ambiguous, a gay Singaporean man with a male partner in 2018 won an appeal in court to adopt a child that he fathered through a surrogate.[135] | Protections against anti-gay discrimination, harassment and violence[136] | Transgender people allowed to change legal gender, but only after sex reassignment surgery | ||||
Thailand | Legal since 1956 + UN decl. sign.[20] |
[137] | [138] | Since 2005 [139] | Bans all anti-gay discrimination | [140]
Anti-discrimination protections for gender expression.[123] |
||
Vietnam | Legal[20] + UN decl. sign.[20] |
LGBT individuals may adopt, not same-sex couples[141] | Irrespective of one's sexual orientation | Bans some anti-gay discrimination | Gender changes recognized and officially practised since 2017[142][143] |
See also
Notes
- In Taiwan, gender change is not explicitly stated in any law; instead it is permitted by an executive order published by the Ministry of the Interior, which dictates that sex reassignment surgeries are required before gender change. In 2021 a judgement by the Taipei High Administrative Court[116] ruled that the executive order above was unconstitutional and therefore the defendant (district household registration office) must allow the plaintiff to change their gender. The judgement was finalized since the defendant did not appeal. However, since rulings in Taiwan are generally not precedential, said judgement only applies to the plaintiff and does not bind other cases nor the executive branch.
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