| Revision as of 04:23, 6 November 2012 edit70.253.75.84 (talk) rv vandalism Directly related to Madagascar, as the text plainly states← Previous edit | Revision as of 07:09, 6 November 2012 edit undoPsychonaut (talk | contribs)Extended confirmed users, Pending changes reviewers31,686 edits Reverted 1 edit by 70.253.75.84 (talk): Rv; not vandalism—please discuss at User:Largoplazo/Note on LGBT rights in African countries. (TW)Next edit → | ||
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| ==Living conditions== | ==Living conditions== | ||
| The ]'s 2011 Human Rights Report found that "here was general societal discrimination against the LGBT community" and that "exual orientation and gender identity were not widely discussed in the country, with public attitudes ranging from tacit acceptance to violent rejection, particularly of transgender sex workers". The report also found that, "LGBT sex workers were frequently targets of aggression, including verbal abuse, stone throwing, and even murder. In recent years, awareness of 'gay pride' increased through positive media exposure, but general attitudes have not changed."<ref name="Report"/> | The ]'s 2011 Human Rights Report found that "here was general societal discrimination against the LGBT community" and that "exual orientation and gender identity were not widely discussed in the country, with public attitudes ranging from tacit acceptance to violent rejection, particularly of transgender sex workers". The report also found that, "LGBT sex workers were frequently targets of aggression, including verbal abuse, stone throwing, and even murder. In recent years, awareness of 'gay pride' increased through positive media exposure, but general attitudes have not changed."<ref name="Report"/> | ||
| ==Madagascar's obligations under international law and treaties== | |||
| In 1994, the ] (UNHRC) confirmed in '']''<ref></ref> that laws criminalizing consensual same-sex activity violate both the right to privacy and the right to equality before the law without any discrimination, contrary to Article 17 of the ]<ref></ref> (the "Covenant"). Those laws interfere with privacy rights, regardless of whether they are actively enforced, and "run counter to the implementation of effective education programmes in respect of HIV/AIDS prevention" by driving marginalised communities underground. The UNHRC has subsequently affirmed this position on many occasions by urging countries to repeal laws that criminalize consensual same-sex activity and thereby bring their legislation into conformity with the Covenant.<ref></ref>{{rp|page: 6 ¶ 27}}<ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref><ref></ref> Madagascar ratified the Covenant on 21 June 1971.<ref></ref> | |||
| The ] in June 2002 found that arrests for being homosexual or for engaging in consensual homosexual conduct are, by definition, human rights violations.<ref></ref> The arrests constitute an arbitrary deprivation of liberty in contravention of Article 2, Paragraph 1 of the ] and of Article 2, Paragraph 1<ref></ref> and Article 26<ref></ref> of the Covenant. The Declaration is part of international law and is, therefore, binding on Madagascar. | |||
| This position is consistent with other regional and national jurisprudence, including the decisions of the: | |||
| * ] ('']'', 1981;<ref></ref> '']'', 1991;<ref></ref> '']'', 1993<ref></ref>) | |||
| * ] ('']'', 1998<ref name="South Africa"></ref>) | |||
| * ] ('']'', 2003<ref></ref>) | |||
| * ] ('']'', 2005<ref></ref>). | |||
| The South African court said, | |||
| <blockquote><p align=justify>Privacy recognises that we all have a right to a sphere of private intimacy and autonomy which allows us to establish and nurture human relationships without interference from the outside community. The way in which we give expression to our sexuality is at the core of this area of private intimacy. If, in expressing our sexuality, we act consensually and without harming one another, invasion of that precinct will be a breach of our privacy.<ref name="South Africa"/>{{rp|page: 33 ¶ 32}} ... The criminalisation of sodomy in private between consenting males is a severe limitation of a gay man's right to equality in relation to sexual orientation.... It is at the same time a severe limitation of the gay man's rights to privacy, dignity and freedom. The harm caused by the provision can, and often does, affect his ability to achieve self-identification and self-fulfilment. The harm also radiates out into society generally and gives rise to a wide variety of other discriminations, which collectively unfairly prevent a fair distribution of social goods and services and the award of social opportunities for gays.<ref name="South Africa"/>{{rp|page: 37 ¶ 36}}</p></blockquote> | |||
| Article 2 of the ] requires each state party to "take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction". Article 1.1 defines "torture" to be, | |||
| <blockquote><p align=justify>Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.<ref></ref></p></blockquote> | |||
| The Committee Against Torture, which officially monitors the implementation of the convention by state parties to the convention, has said that the protection of minority or marginalized individuals or populations especially at risk of torture is a part of the obligation to prevent torture or ill-treatment. Their laws against torture must cover all persons, regardless of "gender, sexual orientation, transgender identity".<ref></ref> Madagascar ratified the convention on 13 December 2005.<ref></ref> | |||
| ], the ] on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, reported in April 2010 that laws criminalising sexual conduct between consenting adults impede HIV education and prevention efforts and are incompatible with the right to health.<ref></ref> The ] (commonly known as UNAIDS) has a similar view.<ref></ref> | |||
| The international obligations of countries to respect the human rights of all persons, irrespective of sexual orientation and gender identity, were articulated in 2006 in the ].<ref></ref><ref></ref><ref></ref> The Principles were developed and adopted unanimously by a group of human rights experts.<ref></ref> Principle 2 ("Rights to Equality and Non-Discrimination") affirms that everyone is entitled to enjoy all human rights without discrimination on the basis of sexual orientation or gender identity, and specifically obligates countries to, | |||
| <blockquote><p align=justify>repeal criminal and other legal provisions that prohibit or are, in effect, employed to prohibit consensual sexual activity among people of the same sex who are over the age of consent, and ensure that an equal age of consent applies to both same-sex and different-sex sexual activity.</p></blockquote> | |||
| Principle 6 (the "Right to Privacy") affirms the right of everyone, regardless of sexual orientation or gender identity, to the enjoyment of privacy without arbitrary or unlawful interference, and confirms the obligation of countries to, | |||
| <blockquote><p align=justify>b) Repeal all laws that criminalise consensual sexual activity among persons of the same sex who are over the age of consent, and ensure that an equal age of consent applies to both same-sex and different-sex sexual activity.</p></blockquote> | |||
| <blockquote><p align=justify>c) Ensure that criminal and other legal provisions of general application are not applied to de facto criminalise consensual sexual activity among persons of the same sex who are over the age of consent.</p></blockquote> | |||
| The ], ], in a statement to a High-Level Meeting on Human Rights, Sexual Orientation and Gender Identity at the United Nations on 18 December 2008 affirmed. | |||
| <blockquote><p align=justify>The principle of universality admits no exception. Human rights truly are the birthright of all human beings. Sadly ... there remain too many countries which continue to criminalize sexual relations between consenting adults of the same sex in defiance of established human rights law. Ironically many of these laws, like Apartheid laws that criminalized sexual relations between consenting adults of different races, are relics of the colonial era and are increasingly becoming recognized as anachronistic and as inconsistent both with international law and with traditional values of dignity, inclusion and respect for all.... It is our task and our challenge to move beyond a debate on whether all human beings have rights – for such questions were long ago laid to rest by the Universal Declaration – and instead to secure the climate for implementation.... Those who are lesbian, gay or bisexual, those who are transgender, transsexual or intersex, are full and equal members of the human family, and are entitled to be treated as such.<ref></ref></p></blockquote> | |||
| ==See also== | ==See also== | ||
Revision as of 07:09, 6 November 2012
LGBTQ rights in Madagascar  | |
|---|---|
 Madagascar | |
| Status | Legal among persons at least 21 years old |
| Gender identity | – |
| Military | Unknown if gays and lesbians are allowed to serve openly |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex relationships |
| Adoption | Only married, heterosexual couples may adopt children |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Madagascar face legal challenges not experienced by non-LGBT residents.
Law regarding same-sex sexual activity
Same-sex sexual activity among persons at least 21 years of age is legal in Madagascar. The Penal Code provides for a prison sentence of two to five years and a fine of 2 to 10 million ariary (US$900 to US$4,500) for acts that are "indecent or against nature with an individual of the same sex under the age of 21".
Discrimination protections
The law in Madagascar does not outlaw discrimination with regard to sexual orientation or gender identity.
Adoption of children
Only married, heterosexual couples may adopt children in Madagascar.
Living conditions
The U.S. Department of State's 2011 Human Rights Report found that "here was general societal discrimination against the LGBT community" and that "exual orientation and gender identity were not widely discussed in the country, with public attitudes ranging from tacit acceptance to violent rejection, particularly of transgender sex workers". The report also found that, "LGBT sex workers were frequently targets of aggression, including verbal abuse, stone throwing, and even murder. In recent years, awareness of 'gay pride' increased through positive media exposure, but general attitudes have not changed."
See also
References
- ^ 2011 Country Reports on Human Rights Practices: Madagascar, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, page 26
- Intercountry Adoption: Madagascar, Bureau of Consular Affairs, U.S. Department of State, January 2011
External links
| LGBT rights in Africa | |
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| Sovereign states |
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| States with limited recognition | |
| Dependencies and other territories |
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