LGBT rights in Azerbaijan

LGBT map of Azerbaijan.

The Azerbaijani law forbidding gay sex was abolished in 2000.[1] A special edition of Azerbaijan, the official newspaper of the Parliament, published on 28 May, reported that the Parliament had approved a new Criminal Code, and that the President had signed a decree bringing it into force in September. The text of the new Criminal Code was also published. The old Article 113 (inherited from the Soviet era which punished anal sex between men with three years imprisonment)[2] has been replaced with a new Article 150, which bans only forcible sexual acts.

Modern times

When Azerbaijan became part of USSR, homosexuality was a crime in Azerbaijan, although it was not in Russia.[3] After the independence of Azerbaijan in 1991, homosexual acts were legalized in 2000.[1]

Although homosexual acts between consenting male adults were officially decriminalized, there were still reports about police abuses against gays, mainly male prostitutes. The victims wanted to remain anonymous. They were afraid of the police. (2001 Report of the International Helsinki Federation).

State-controlled media outlets use homosexuality as a tool to harass and discredit critics of the government[4] and opposition journalists.[5][6]

Living conditions

Same-sex sexual activity legal Yes (since 2000)
Equal age of consent Yes (since 2000)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Yes
Right to change legal gender Yes (Transgender people can change their gender but not their legal name)
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes

References

  1. 1.0 1.1 Spartacus International Gay Guide, page 1216. Bruno Gmunder Verlag, 2007.
  2. United Nations High Commissioner for Refugees. "Azerbaijan: Information On The Treatment Of Homosexuals". Unhcr.org. Archived from the original on 9 October 2012. Retrieved 20 January 2011.
  3. Healey, Dan. "Masculine purity and 'Gentlemen's Mischief': Sexual Exchange and Prostitution between Russian Men, 1861–1941". Slavic Review. Vol. 60, No. 2 (Summer, 2001), p. 258.
  4. United Nations High Commissioner for Refugees (6 May 2008). "Azerbaijan: State media embroiled in gay bashing controversy". Unhcr.org. Retrieved 20 January 2011.
  5. United Nations High Commissioner for Refugees (10 April 2008). "Azerbaijan: Opposition journalist says he is victim of vicious smear campaign". Unhcr.org. Retrieved 20 January 2011.
  6. United Nations High Commissioner for Refugees. "Amnesty International Report 2009 – Azerbaijan". Unhcr.org. Retrieved 20 January 2011.