Template:LGBT rights table Asia: Difference between revisions

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|{{Flag icon|Malaysia}} [[LGBT rights in Malaysia|Malaysia]]
|{{Flag icon|Malaysia}} [[LGBT rights in Malaysia|Malaysia]]
|<!--Legal status--> [[Image:X mark.svg|15px|No]] Male illegal <br> Penalty: fines, prison sentence (2-20 years), or whippings <br>
|<!--Legal status--> [[Image:X mark.svg|15px|No]] Illegal in some area state <br> Penalty: fines, prison sentence (2-20 years), or whippings <br>
[[Image:Yes check.svg|15px|Yes]] Female always legal<ref name="ILGA"/>
[[Image:Yes check.svg|15px|Yes]] Legal in some area state <ref name="ILGA"/>
|<!--Recognition of same-sex relationships--> [[Image:X mark.svg|15px|No]]
|<!--Recognition of same-sex relationships--> [[Image:X mark.svg|15px|No]]
|<!--Same-sex marriage--> [[Image:X mark.svg|15px|No]]
|<!--Same-sex marriage--> [[Image:Yes check.svg|15px|Yes]] Legal in East Malaysia, Johor (for woman) and Kuala Lumpur but need to make a decision of the registrar after registering for marriage only
|<!--Adoption--> [[Image:X mark.svg|15px|No]]
|<!--Adoption--> [[Image:Yes check.svg|15px|Yes]] Legal in some area state but marriage couple only
|<!--Military--> [[Image:X mark.svg|15px|No]]
|<!--Military--> [[Image:Yes check.svg|15px|Yes]] Since 2016
|<!--Anti-discrimination-->[[Image:X mark.svg|15px|No]]
|<!--Anti-discrimination--> [[Image:Yes check.svg|15px|Yes]] Banned which a claim which is based on Sharia Law and this is in line with the spirit of the Constitution that put Muslim as the religion of the Federation
|<!--Gender identity/expression--> [[Image:Yes check.svg|15px|Yes]]<ref name="ILGA2">{{cite web |url=http://ilga.org/downloads/TLMR_ENG.pdf |title=Trans Legal Mapping Report |last1=Chiam |first1=Zhan |last2=Duffy |first2=Sandra |last3=González Gil |first3=Matilda |date=November 2016 |website= |publisher=International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) |access-date=29 December 2016 |quote=}}</ref>
|<!--Gender identity/expression--> [[Image:Yes check.svg|15px|Yes]]<ref name="ILGA2">{{cite web |url=http://ilga.org/downloads/TLMR_ENG.pdf |title=Trans Legal Mapping Report |last1=Chiam |first1=Zhan |last2=Duffy |first2=Sandra |last3=González Gil |first3=Matilda |date=November 2016 |website= |publisher=International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) |access-date=29 December 2016 |quote=}}</ref>
|-
|-

Revision as of 12:12, 6 December 2017

This table:

Central Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Kyrgyzstan Kyrgyzstan Yes Legal since 1998[1] No No Constitutionally banned since 2016.[2] No No Yes[3]
Tajikistan Tajikistan Yes Legal since 1998[1] No No No No Yes[3]
Turkmenistan Turkmenistan No Male illegal
Penalty: up to 2-year prison sentence
Yes Female always legal[1] 		No No No No No
Uzbekistan Uzbekistan No Male illegal
Penalty: up to 3-year prison sentence
Yes Female always legal[1] 		No No No No No

Eurasia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Abkhazia Abkhazia Yes Legal after 1991 No No No No
Akrotiri and Dhekelia Akrotiri and Dhekelia
(Overseas territory of the United Kingdom) 		Yes Legal since 2000
+ UN decl. sign.[1] 		Yes Since 2005 Yes Legal since 2014 Yes Britain responsible for defence Yes Bans some anti-gay discrimination[4]
Armenia Armenia Yes Legal since 2003
+ UN decl. sign.[1] 		No No/Yes Constitutionally banned since 2015.[5][6] Marriages performed abroad recognized since 2017.[7] No No/Yes No explicit ban. However, LGBT persons have been reportedly discharged because of their sexual orientation.[8] No No
Republic of Artsakh Artsakh Yes Legal since 2000 No No Constitutionally banned since 2006 [9] No No
Azerbaijan Azerbaijan Yes Legal since 2000[1] No No No Yes[10] No Yes (Requires sterilization for change).[11]
Cyprus Cyprus Yes Legal since 1998
+ UN decl. sign.[1] 		Yes Since 2015 No No No (only EU country to ban LGBT people from militry service) Yes Bans all anti-gay discrimination[12] Yes Forbids discrimination based on gender identity.
No Gender change is not legal.
Georgia (country) Georgia Yes Legal since 2000
+ UN decl. sign.[1] 		No No (Constitutional ban proposed) No Yes Bans all anti-gay discrimination[13] Yes (Requires sterilization for change)[11]
Kazakhstan Kazakhstan Yes Legal since 1998[1] No No No No[14] No Yes[3]
Northern Cyprus Northern Cyprus Yes Legal since 2014[15][16][1] No No No No Yes Bans all anti-gay discrimination[15][16] Yes Discrimination or hate speech banned since 2014.[15][16]

Unknown if gender change is legal.

Russia Russia Yes Male legal since 1993
Female always legal[17][1]
No Illegal in practice in Chechnya, where homosexuals are abducted and sent to concentration camps based on their perceived sexual orientation. See Gay concentration camps in Chechnya for more information. 		No No (Constitutional ban proposed)[18] No Yes No Yes (Requires sterilization for change)[11]
South Ossetia South Ossetia Yes Legal after 1991 No No No No
Turkey Turkey Yes Legal since 1858[1] No No No No (Proposed)[19] No (Proposed)[19] Yes (Legal since 1988, Requires sterilisation for change[20])

West Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Bahrain Bahrain Yes Legal since 1976 (Age of consent discrepancy)[1] No No No No No No
Iran Iran No No Illegal
Penalty: For men 74 lashes for immature men and death penalty for mature men (although there are recorded cases of minors who were executed because of their sexual orientation[21]). For women 50 lashes for women of mature sound mind and if consenting. Death penalty offense after fourth conviction.[1] 		No No No No No Yes Legal gender recognition in Iran is legal if accompanied by a medical intervention.[22]
Iraq Iraq Yes Legal since 2003[23] Vigilante executions are common. The government and citizens both ignore the legality of same sex relations. No No No No No No
Israel Israel Yes Legal since 1963 (de facto), 1988 (de jure)[24]
+ UN decl. sign.[1][25] 		Yes Unregistered cohabitation since 1994. No/Yes There are no civil marriages available in Israel for same-sex or opposite sex Couples and any non-religious marriage is unrecognized if performed in country, but foreign same-sex marriages are recognized by the government and recorded in the population registry of the Ministry of the Interior. No The country is de-facto preventing adoption by same-sex couples.[26] Yes Since 1993 Yes Bans some anti-gay discrimination;[27][28] Basic Law: Human Dignity and Liberty applies to homosexuals and bisexuals.[29] Yes Full recognition of gender's ID without a surgery or medical intervention;[30] equal employment opportunity law bars discrimination based on gender identity;[31][32] Basic Law: Human Dignity and Liberty applies to transgender individuals.[31][33]
Jordan Jordan Yes Legal since 1951[1] No No No No Yes Legal since 2014[34]
Kuwait Kuwait No Male illegal
Penalty: Fines or up to 6-year prison sentence
Yes Female always legal[1][35] 		No No No No No No
Lebanon Lebanon Yes Legal since 2014[36] No No No No No Yes Legal gender change allowed
Oman Oman No Illegal
Penalty: Fines and prison sentence up to 3 years (Only enforced when dealing with "public scandal")[1] 		No No No No No No
State of Palestine Palestinian Territories (Gaza Strip) West Bank:
Yes Legal since 1951 (As part of Jordan)[1]
Gaza:No
No Male illegal
Penalty: (de facto) Death/ Extra judicial Execution, (de jure) Up to 10 years imprisonment
Yes Female always legal[1] 		No No No No No
Qatar Qatar No No Illegal
Penalty: Fines, prison sentence up to 7 years[1] or death penalty[37]. 		No No No No No No
Saudi Arabia Saudi Arabia No No Illegal
Penalty: Prison sentences of several months to life, fines and/or whipping/flogging, castration, torture or death can be sentenced on first conviction. A second conviction merits execution.[1] 		No No No No No No
Syria Syria No Illegal
Penalty: Prison sentence up to 3 years (Law in de-facto suspended)[38][1] 		No No No No No Yes Transsexuals allowed to change legal gender
United Arab Emirates United Arab Emirates No No Illegal under federal law
Penalty: deportation, fines, prison sentences or death penalty[37]
Illegal in the emirate of Dubai
Penalty: Up to 14 years imprisonment
Illegal in the emirate of Abu Dhabi
Penalty: Up to 10 years imprisonment[1] 		No No No No No Yes Sex reassignment surgery for people whose gender is unclear or whose physical features do not match their physiological, biological and genetic characteristics.[39][40][41]
Yemen Yemen No No Illegal
Penalty: Unmarried men punished

with 100 lashes of the whip or a maximum of one year of imprisonment, married men with death by stoning. Women punished up to three years of imprisonment; where the offense has been committed under duress, the punishment is up to seven years detention.[1]

No No No No No No

South Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Afghanistan Afghanistan No No Illegal
Penalty: Long imprisonment or death penalty (No known cases of death sentences have been handed out for same-sex sexual activity after the end of Taliban rule)[1] 		No No Constitutionally banned since 1971 No No No No
Bangladesh Bangladesh No Illegal
Penalty: 10 years to life imprisonment[1] 		No No No No No Yes A third option (hijra) beside male and female[42]
Bhutan Bhutan No Illegal
Penalty: Prison sentence up to 1 year (Not enforced)[1] 		No No No No No No
India India No Illegal under section 377 of the Indian Penal Code. Penalty: Up to life imprisonment[43][44][45] as well as torture, vigilante executions and fines[46] [47] [48] No No explicit recognition. No No explicit recognition.[49] No No[50] No laws not enforced No/Yes "Third gender" allowed in Kerala and Tamil Nadu only
Maldives Maldives No Illegal
Penalty: For men the punishment is banishment for nine months to one year or a whipping of 10 to 30 strokes. For women is house arrest for nine months to one year.[1] 		No No No No [citation needed] No No
Nepal Nepal Yes Legal since 2007
+ UN decl. sign.[1] 		No (Proposed: By Supreme Court in 2008) No (Proposed: By Supreme Court in 2008) No Under consideration Yes Yes Constitution bans all anti-gay discrimination since 2015. Yes Gender change is legal since 2007.
Constitution bans all discrimination.[51]
Pakistan Pakistan No Illegal
Penalty: 2 years to life sentence[1] 		No No No No No Yes Right to change gender; transgender and intersex citizens have protection form all discrimination and harassment.[52]
Sri Lanka Sri Lanka No Illegal
(Decriminalization proposed) 		No No No No [citation needed] No (proposed)[53][54] Yes Transgender persons can change their legal gender and name after completion of medical intervention since 2016.[55][56]

East Asia

LGBT rights in: Same-sex sexual activity Recognition of relationships Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
China China
(People's Republic of) 		Yes Legal since 1997[1] No No No No Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery.
Hong Kong Hong Kong
(Special administrative region of China) 		Yes Legal since 1991[1] No No No LGBT individuals may adopt.[57]
The People's Republic of China is in charge of Hong Kong's defence affairs. Regardless of sexual orientation, military personnel are not recruited from Hong Kong.[citation needed] 		No/Yes Government employment, goods and services only. Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery.
Macau Macau
(Special administrative region of China) 		Yes Legal since 1996[1] No No No
The People's Republic of China is in charge of Macau's defence affairs. Regardless of sexual orientation, military personnel are not recruited from Macau. 		Yes Bans some anti-gay discrimination
Japan Japan Yes Legal since 1880
+ UN decl. sign.[1] 		No/Yes Non-legally binding partnerships in 6 municipal jurisdictions (Shibuya, Setagaya, Iga, Takaraduka, Naha, Sapporo) No No Yes No/Yes No nationwide protections, but some cities ban some anti-gay discriminations[1] (Nationalwide workplace protections pending) No/Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery and in case that the individual has no child under 20 years old.
Mongolia Mongolia Yes Legal since 1961
+ UN decl. sign.[1] 		No No No Yes Due to conscription. Yes Bans some anti-gay discrimination. Yes Transgender people allowed to change legal gender
North Korea North Korea Yes Legal
(No laws against same-sex sexual activity has ever existed in the country)[1] 		No No No No Unknown although there are heavily obeyed gender roles for both male and female. See Let's trim our hair in accordance with the socialist lifestyle
South Korea South Korea Yes Legal
(No laws against same-sex sexual activity has ever existed in the country)
+ UN decl. sign.[1] 		No (Life partnership proposed) No No No No Yes Transgender people allowed to change legal gender
Taiwan Taiwan, Republic of China Yes Legal since 1895[58] Since July 3, 2017.[59] No/(Legal since May 24, 2019[60]) No (Pending. LGBT individuals may adopt.) Yes Due to military draft Yes Bans some anti-gay discrimination (in work and education) Yes Transgender people allowed to change legal gender. Surgery no longer a requirement beginning in 2015[61]

Southeast Asia

LGBT rights in Same-sex sexual activity Recognition of relationships Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Brunei Brunei No No Illegal
Penalty: Fines and imprisonment up to 10 years or death by stoning[1] 		No No No No No No
Myanmar Myanmar (Burma) No Illegal
Penalty: Up to life sentence (Not enforced) [1] 		No No No No No No
Cambodia Cambodia Yes Legal
(No laws against same-sex sexual activity has ever existed in the country)[1] 		No No There has been at least one recorded case of a legally registered and recognized same-sex marriage. No[citation needed] No
East Timor East Timor Yes Legal since 1975
+ UN decl. sign.[1] 		No No No Yes Bans hate crimes based on sexual orientation.
Indonesia Indonesia Yes Legal nationwide, except;
No Illegal in the provinces of Aceh and South Sumatra and the city of Palembang (Applies only to Muslims)[62][63][1] (Age of consent discrepancy) 		No No No No[64] No No
Laos Laos Yes Legal
(No laws against same-sex sexual activity has ever existed in the country)[1] 		No No No No
Malaysia Malaysia No Illegal in some area state
Penalty: fines, prison sentence (2-20 years), or whippings

Yes Legal in some area state [1]

No Yes Legal in East Malaysia, Johor (for woman) and Kuala Lumpur but need to make a decision of the registrar after registering for marriage only Yes Legal in some area state but marriage couple only Yes Since 2016 Yes Banned which a claim which is based on Sharia Law and this is in line with the spirit of the Constitution that put Muslim as the religion of the Federation Yes[65]
Philippines Philippines Yes Legal nationwide since 1933
[66][1][67] 		No (Pending)[66] No (Pending)[68] No LGBT individuals may adopt.[69] Yes Since 2009 No/Yes[70] Cebu[71] Quezon City, Davao[72] and Albay have anti-discrimination ordinances[73] (National bill pending but still not made into law) No (Pending)[74]
Singapore Singapore No Male illegal
Penalty: up to 2 years prison sentence (Not enforced since 1999)
Yes Female legal since 2007[1] 		No No No No/Yes Due to conscription, but gays are not allowed to go to command school or serve in sensitive units. No Yes Transsexuals allowed to change legal gender, but only after sex reassignment surgery.
Thailand Thailand Yes Legal since 1956
+ UN decl. sign.[1] 		No (Proposed)[75] No No Yes Since 2005 Yes Bans all anti-gay discrimination. Yes Transsexuals may change their legal name after having a sex change operation.[76]
Vietnam Vietnam Yes Legal
(No laws against same-sex sexual activity has ever existed in the country)[1]
+ UN decl. sign.[1] 		No No No No Yes Sex-change recognized and legalized by the National Assembly after the Civil Code amended in November 24, 2015 and officially practised from 2017[77][78]. Before 2017, sex-change were only legalized for persons of congenital sex defects and unidentifiable sex.


References

These references will appear in the article, but this list appears only on this page.
  1. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
  2. ^ "Kyrgyz Voters Back Amendments On Same-Sex Marriage, Presidential Power". Radio Free Europe/Radio Liberty. December 11, 2016. Retrieved July 30, 2017.
  3. ^ a b c Masci, David (February 11, 2014). "Gay rights in Russia and the former Soviet republics". Pew Research Center. Retrieved December 11, 2016.
  4. ^ "Employment (Equality) Ordinance 2013" (PDF). sbaadministration.org.
  5. ^ Referendum in Armenia brings constitutional reforms
  6. ^ Armenia Central Electoral Commission announces constitutional referendum final results
  7. ^ [1]
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  9. ^ "CONSTITUTION - MFA NKR". nkr.am.
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  16. ^ a b c Template:Tr icon Kuzey Kıbrıs’ın “Eşcinsellik Suçu” Yasası Tarihe Karıştı!
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  20. ^ http://ijg.sagepub.com/content/18/1/77.abstract
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  24. ^ Erez Levon (January 2008). National Discord: Language, Sexuality and the Politics of Belonging in Israel. p. 45-46. This amendment to the penal code entailed a de jure decriminalization of sodomy since, in 1963, the Israeli Supreme Court had already issued a de facto decriminalization, ruling that the anti-sodomy law (which dated back to the British Mandate of Palestine; Mandatory Criminal Ordinance of 1936) could not be prosecuted (Yosef Ben-Ami vs. The Attorney General of Israel, 224/63).
  25. ^ "LGBTQ Timeline" (PDF). ua.edu.
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  29. ^ HOMOSEXUALITY, HUMAN DIGNITY & HALAKHAH: A COMBINED RESPONSUM FOR THE COMMITTEE ON JEWISH LAW AND STANDARDS by RABBIS ELLIOT N. DORFF, DANIEL S. NEVINS & AVRAM I. REISNER
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  33. ^ Aeyal Gross, Israel should drop binary view of gender, Haaretz, 16.09.13
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  40. ^ "Sex reassignment surgery is now legal in the United Arab Emirates". gaystarnews.com. 8 September 2016.
  41. ^ New UAE law does not legalise sex change
  42. ^ "Bangladesh government makes Hijra an official gender option - Wikinews, the free news source". en.wikinews.org. November 11, 2013.
  43. ^ "Supreme Court makes homosexuality a crime again - The Times of India". The Times Of India. 12 December 2013.
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  47. ^ http://www.livemint.com/Sundayapp/sAYrieZdZKEybKzhP8FDbP/Being-LGBT-in-India-Some-home-truths.html
  48. ^ http://foreignpolicy.com/2011/07/29/lesbian-newlyweds-flee-honor-killing-threats-in-india/
  49. ^ Cite error: The named reference indiaref01 was invoked but never defined (see the help page).
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  51. ^ Michael K. Lavers (19 September 2015). "New Nepal constitution includes LGBT-specific protections". Washington blade. Retrieved 23 July 2017.
  52. ^ SC orders equal benefits for transvestites Archived 18 July 2009 at the Wayback Machine
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  57. ^ "Cap. 290 ADOPTION ORDINANCE". Retrieved 30 June 2017.
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  63. ^ Rough Guide to South East Asia: Third Edition. Rough Guides Ltd. August 2005. p. 74. ISBN 1843534371.
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  65. ^ Chiam, Zhan; Duffy, Sandra; González Gil, Matilda (November 2016). "Trans Legal Mapping Report" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). Retrieved 29 December 2016.
  66. ^ a b "Philippines: Congress Approves Anti-Discrimination Bill". Iglhrc.org. 24 January 2004. Retrieved 5 September 2010.
  67. ^ Myers, JoAnne (19 September 2013). Historical Dictionary of the Lesbian and Gay Liberation Movements. Scarecrow Press – via Google Books.
  68. ^ Lira Dalangin-Fernandez (June 30, 2015). "Akbayan rep to file same-sex marriage bill in Congress". News5 - InterAksyon. Archived from the original on Feb 18, 2017.
  69. ^ "Adoption in the Philippines". Intercountry Adoption. Retrieved 15 October 2015.
  70. ^ "Pemberton guilty of homicide in Jennifer Laude case". Rappler. Retrieved 1 December 2015.
  71. ^ "Passage of Cebu's anti-discrimination law lauded". Local News. Sun Star Publishing, Inc. Archived from the original on Oct 18, 2012. Retrieved 23 October 2012. {{cite web}}: |archive-date= / |archive-url= timestamp mismatch; October 21, 2012 suggested (help)
  72. ^ Mellejor, Ayan C. (December 14, 2012). "Davao council bans discrimination vs gays, minority, differently abled". inquirer.net.
  73. ^ Oliver M. Pulumbarit (21 November 2009). "Gay Filipinos and Rainbow". Lifestyle.inquirer.net. Archived from the original on 6 Nov 2009. Retrieved 5 September 2010. {{cite news}}: |archive-date= / |archive-url= timestamp mismatch; 26 November 2009 suggested (help)
  74. ^ "Pemberton guilty of homicide in Laude case; sentenced to 12 years". Philippine Daily Inquirer. Retrieved 1 December 2015.
  75. ^ "Same-sex marriage may come true under Thai junta - Prachatai English". www.prachatai.com.
  76. ^ "Thailand - GlobalGayz". GlobalGayz.
  77. ^ Sex-change officially legalized for the Vietnamese people.
  78. ^ Pictures: Vietnamese Transgender community celebrates the day of history
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