29
same-sex sexual relations, out of which 45 States apply the law to both
women and men. Legislation varies from one jurisdiction to another,
criminalising for instance all sex outside of marriage, certain types
of sexual activity, or any forms of intimacy or sexual activity between
persons of the same sex. Oftentimes such laws use vague wording,
referring for instance to “public scandal”, crimes against “nature” or
“morality”, “debauchery”, and “bestiality”. Laws criminalising samesex activities are often also used to target trans persons, while other
laws specifically target diverse gender identities and expressions, for
instance by prohibiting “indecent” and “immoral” dress, criminalising
“cheating by personation” or “imitating the opposite sex,” or sometimes laws targeting “beggary”. In many regions, such provisions are
remnants of colonial-era laws. Penalties associated with such laws
can include corporal punishment such as canning or public flogging.
In several countries, conviction on such grounds can lead to capital
punishment.
Specific discriminatory and harmful practices such as forced anal examinations are also enshrined in law in some places, and must likewise be repealed for being in violation of the prohibition of torture and
other ill-treatment. Laws not explicitly targeting LGBT persons, such
as “anti-prostitution” laws, may be disproportionately used against
them — as notably in the case of trans sex workers. In some contexts,
publicly sharing information about sexual orientation or gender identity is banned and labelled as “propaganda”, leading to persecution.
A clear causal link has been established between the criminalisation
of LGBT persons and increased exposure to violence, including by
law enforcement, prison staff, and healthcare personnel. Both the
Special Rapporteur on Torture and the Independent Expert on sexual orientation and gender identity have therefore urged States to
repeal such laws22. The UN Subcommittee on Prevention of Torture
(SPT) has clearly stated that “the repeal of laws criminalizing same-sex sexual relations between consenting adults and other laws
22
Report of the UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment
or punishment to the UN Human Rights Council, A/HRC/31/57, 24 February 2016, para. 69, p. 19; Protection against violence and discrimination based on sexual orientation and gender identity, Report of the Independent Expert on protection against violence and discrimination based on sexual
orientation and gender identity, A/72/172, 19 July 2017, Chapter V, p. 11; A/HRC/38/43, para. 90, p. 19.
Chapter I
A Monitoring Guide
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents