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LGBTQ rights in Madagascar

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LGBTQ rights in Madagascar Madagascar
Madagascar
StatusLegal among persons at least 21 years old
Gender identityNo
MilitaryUnknown
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo
AdoptionNo

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."

Madagascar's obligations under international law and treaties

In 1994, the United Nations Human Rights Council (UNHRC) confirmed in Toonen v. Australia 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 International Covenant on Civil and Political Rights (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. Madagascar ratified the Covenant on 21 June 1971.

Article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 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,

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.

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". Madagascar ratified the convention on 13 December 2005.

See also

References

  1. ^ 2011 Country Reports on Human Rights Practices: Madagascar, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, page 26
  2. Intercountry Adoption: Madagascar, Bureau of Consular Affairs, U.S. Department of State, January 2011
  3. Views of the Human Rights Committee under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, Fiftieth session, CCPR/C/50/D/488/1992, 4 April 1994
  4. International Covenant on Civil and Political Rights, Article 17
  5. Concluding Observations of the Human Rights Committee - Kenya, United Nations Human Rights Committee, 83rd Session, CCPR/CO/83/KEN, 29 April 2005
  6. Human Rights Committee Concluding Observations: United States of America, A/50/40, paragraph 287, 3 October 1995
  7. Concluding Observations of the Human Rights Committee: Cyprus, CCPR/C/79/Add.88, paragraph 11, 6 August 1998
  8. Concluding Observations of the Human Rights Committee: Chile, CCPR/C/79/Add.104, paragraph 20, 30 March 1999
  9. Concluding Observations of the Human Rights Committee: Lesotho, CCPR/C/79/Add.106, paragraph 13, 8 April 1999
  10. Concluding Observations of the Human Rights Committee: Romania, CCPR/C/79/Add.111, paragraph 16, 28 July 1999
  11. Concluding Observations of the Human Rights Committee: Egypt, CCPR/CO/76/EGY, paragraph 19, 28 November 2002
  12. Concluding Observations of the Human Rights Committee: United States of America, CCPR/C/USA/CO/3, paragraph 25 on page 8, 15 September 2006
  13. Concluding Observations of the Human Rights Committee: Barbados, CCPR/C/BRB/CO/3, paragraph 13 on page 5, 11 May 2007
  14. Concluding Observations of the Human Rights Committee: Chile, CCPR/C/CHL/CO/5, paragraph 16 on page 5, 18 May 2007
  15. Status of the International Covenant on Civil and Political Rights, United Nations Treaty Collection, 7 August 2012
  16. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  17. "General Comment No. 2 - Implementation of Article 2 by States Parties", Committee Against Torture, CAT/C/GC/2, 24 January 2008, page 6, paragraph 21
  18. Status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, United Nations Treaty Collection

External links

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