LGBT rights in the United Arab Emirates: Difference between revisions
AukusRuckus (talk | contribs) Revision 1129823112 by 74.208.56.182 removed sourced material; unclear what on earth ES "rewrite as it was before in fighting" could be referring to, as only copy edits and minor tweaks, since 26 Oct. Likely work of WP:SOCKS Lmharding / Jacobkennedy. Restored adultery prov in lead, as 2022 decriminalisation only partial Tag: Reverted |
minor edit, no references removed just copied the already allowed info in .all summsries Tag: Reverted |
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| image = LocationUnitedArabEmirates.svg |
| image = LocationUnitedArabEmirates.svg |
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| caption = [[United Arab Emirates]] |
| caption = [[United Arab Emirates]] |
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| legal_status = Illegal: [[Sharia]] law |
| legal_status = Illegal: Islamic [[Sharia]] law is applied |
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| penalty = Death, life in prison, [[flogging]]s,<ref name="dd%252520hrw">{{cite web|url=/report/2016/07/12/dignity-debased/forced-anal-examinations-homosexuality-prosecutions|title=Dignity Debased: Forced Anal Examinations in Homosexuality Prosecutions|date=12 July 2016 |website=Human Rights Watch|language=en}}</ref> fines, [[deportation]], involuntary medical and psychological treatments, administration of hormonal therapies,<ref name="1975%252520lgbtq%252520nation">{{cite web|url=/2019/08/1975s-lead-singer-kissed-man-stage-dubai-protest-anti-gay-laws/|title=The 1975's lead singer kissed a man on stage in Dubai to protest anti-gay laws|first=Alex|last=Bollinger|date=17 August 2019|website=LGBTQ Nation}}</ref> and detention for forced psychological treatments,<ref name="USstate%2525202011"/> h beatings,<ref name="2019%252520ilga"/> forced anal examinations,<ref name="tog%252520apart%2525202009">{{citation |title=Together, apart: Organizing around Sexual Orientation and Gender Identity Worldwide |date=2009 |publisher=Human Rights Watch |location=New York |isbn=978-1-56432-484-9 |url=/docid/4a30b4f42.html|via=United Nations Refworld}}</ref>{{rp|479}} and torture have occured.<ref name="2019%252520ilga"/><ref name="dm%252520icfuae">{{cite news |title=Raped and tortured in a Dubai prison: Former managing director of Leeds United reveals the hell he endured after being jailed and outed as gay by authorities in UAE |url=/uae-in-the-media/raped-and-tortured-dubai-prison-former-managing-director-leeds-united-reveals-hell |work=(ICFUAE) International Campaign For Freedom in the UAE |date=8 November 2017 |language=en |id=Republished from ''The Daily Mail'' |quote=[The man] spent 22 months in prison in Dubai after being accused of falsifying invoices and unlawfully channelling funds to a secret bank account.}}</ref> |
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| penalty = Death, life in prison, [[flogging]]s,<ref name="dd hrw">{{cite web|url=https://www.hrw.org/report/2016/07/12/dignity-debased/forced-anal-examinations-homosexuality-prosecutions|title=Dignity Debased: Forced Anal Examinations in Homosexuality Prosecutions|date=12 July 2016 |website=Human Rights Watch|language=en}}</ref> fines, [[deportation]] |
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| gender_identity_expression = No |
| gender_identity_expression = No |
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| sex reassignment surgery = No |
| sex reassignment surgery = No |
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'''Lesbian, gay, bisexual and transgender''' ('''LGBT''') persons in the '''United Arab Emirates''' face legal challenges not experienced by other residents. Homosexuality is illegal in the [[United Arab Emirates]] (UAE). Under UAE law same-sex sexual activity is punishable by the death penalty, in compliance with [[Sharia]]. {{As of|2020}}, there are no known arrests or prosecutions for same-sex sexual activity in the UAE since at least 2015.<ref name="hdt"/> Individuals have been prosecuted for related offences, under public decency laws, for acts such as kissing in public, or for cross-dressing.<ref name="hdt"/><ref name="ilga |
'''Lesbian, gay, bisexual and transgender''' ('''LGBT''') persons in the '''United Arab Emirates''' face legal challenges not experienced by other residents. Homosexuality is illegal in the [[United Arab Emirates]] (UAE). Under UAE law same-sex sexual activity is punishable by the death penalty, in compliance with [[Sharia]]. {{As of|2020}}, there are no known arrests or prosecutions for same-sex sexual activity in the UAE since at least 2015.<ref name="hdt"/> Individuals have been prosecuted for related offences, under public decency laws, for acts such as kissing in public, or for cross-dressing.<ref name="hdt"/><ref name="ilga%252525202020"/> |
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Additionally, non-marital or extramarital sexual activity, including heterosexual acts, may be subject to criminal prosecution as adultery or fornication (since 2022, only at the behest of a spouse or guardian). Such provisions could potentially be applied to same-sex relations.<ref>{{cite news |last1=Mehta |first1=Ashish |title=New UAE laws: Is it illegal to be romantically involved with a married woman? |url= |
Additionally, non-marital or extramarital sexual activity, including heterosexual acts, may be subject to criminal prosecution as adultery or fornication (since 2022, only at the behest of a spouse or guardian). Such provisions could potentially be applied to same-sex relations.<ref>{{cite news |last1=Mehta |first1=Ashish |title=New UAE laws: Is it illegal to be romantically involved with a married woman? |url=/legal/new-uae-laws-is-it-illegal-to-be-romantically-involved-with-a-married-woman?_refresh=true |access-date=23 October 2022 |work=Khaleej Times |date=12 December 2021 |archive-url=/web/20221023124409/https://www.khaleejtimes.com/legal/new-uae-laws-is-it-illegal-to-be-romantically-involved-with-a-married-woman?_refresh=true |archive-date=23 October 2022 |language=en}}</ref> |
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==Legality of same-sex sexual activity== |
==Legality of same-sex sexual activity== |
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{{See also|Human rights in the United Arab Emirates|Same-sex relationship#Laws against|Sex and the law}} |
{{See also|Human rights in the United Arab Emirates|Same-sex relationship#Laws against|Sex and the law}} |
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The Federal Penal Code, which follows [[Sharia]] law, does not replace the [[Legal system of the United Arab Emirates|legal system of each emirate]],<ref name="ai |
The Federal Penal Code, which follows [[Sharia]] law, does not replace the [[Legal system of the United Arab Emirates|legal system of each emirate]],<ref name="ai%25252520rep"/> unless it is contrary to the [[federal law]]. Persons may be charged under the Federal Penal Code, or under a local (emirate) penal code.{{citation needed|date=July 2022}} |
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Article 354 of the [[Legal system of the United Arab Emirates#Criminal law|Federal Penal Code]] states:<ref>{{citation|title=Official Gazette of the United Arab Emirates|date=8 December 1987 |url= |
Article 354 of the [[Legal system of the United Arab Emirates#Criminal law|Federal Penal Code]] states:<ref>{{citation|title=Official Gazette of the United Arab Emirates|date=8 December 1987 |url=/UAE-MOJ_LC-En/00_PENALTIES%20AND%20CRIMINAL%20MEASURES/UAE-LC-En_1987-12-08_00003_Kait.html?val=EL1 |page=7 |issue=182|publisher=Ministry of Justice, UAE|language=en}}[https://www.moj.gov.ae/en/laws-and-legislation.aspx UAE Ministry of Justice]</ref><ref>{{cite web|title=Article 354 of Federal Law 3 of the Penal Code (Prohibition of Sexual Violence)|url=/pt/countries/asia/united-arab-emirates/1987/article-354-of-federal-law-3-of-the-penal-code-prohibition-of-sexual-violence|access-date=2020-11-24|website=evaw-global-database.unwomen.org}}</ref><!--read--><ref name="fox%25252520amico">{{cite news |last1=Amico |first1=Sam |title=NBA to stage games in United Arab Emirates, where homosexuality punishable by death |url=/sports/nba-stage-games-uae-where-homosexuality-punishable-by-death |work=Fox News Sports |agency=OutKick |date=10 May 2022}}</ref> |
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{{blockquote|Without prejudice to the provisions of the Law on juvenile delinquents and displaced, death penalty shall be imposed on whoever used coercion in having sexual intercourse with a female or sodomy with a male. |Ministry of Justice, UAE (English version as provided)|''Official Gazette of UAE'', issue 182 (1987)}} |
{{blockquote|Without prejudice to the provisions of the Law on juvenile delinquents and displaced, death penalty shall be imposed on whoever used coercion in having sexual intercourse with a female or sodomy with a male. |Ministry of Justice, UAE (English version as provided)|''Official Gazette of UAE'', issue 182 (1987)}} |
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The [[International Lesbian, Gay, Bisexual, Trans and Intersex Association]] (ILGA) report that there are differing opinions on the effect of this provision, saying:<ref name="ilga |
The [[International Lesbian, Gay, Bisexual, Trans and Intersex Association]] (ILGA) report that there are differing opinions on the effect of this provision, saying:<ref name="ilga%252525202020">{{cite report|author1=((ILGA World))|author2=Lucas Ramón Mendos |author3=Kellyn Botha|author4=Rafael Carrano Lelis|author5=Enrique López de la Peña|author6=Ilia Savelev|author7=Daron Tan |title=State-Sponsored Homophobia report: 2020 global legislation overview update |edition=14th revised |url=/downloads/ILGA_World_State_Sponsored_Homophobia_report_global_legislation_overview_update_December_2020.pdf|publisher=ILGA|location=Geneva|archive-url=/web/20201215114401/https://ilga.org/downloads/ILGA_World_State_Sponsored_Homophobia_report_global_legislation_overview_update_December_2020.pdf|quote=Even so, to date there are no records that this penalty has been imposed on LGBT persons{{nbsp}}... |archive-date=15 December 2020 |language=en |date=14 December 2020}}</ref> |
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{{blockquote|...some scholars{{nbsp}}... interpret{{nbsp}}... [this provision] as applicable to consensual same-sex sexual activity, while others hold that 'it takes a stretch to read [it] as a criminalisation of consensual sex with the Arabic word for ''coercive'' syntactically placed as it is'.|ILGA World|''State-Sponsored Homophobia'' (2020), p. 82}} |
{{blockquote|...some scholars{{nbsp}}... interpret{{nbsp}}... [this provision] as applicable to consensual same-sex sexual activity, while others hold that 'it takes a stretch to read [it] as a criminalisation of consensual sex with the Arabic word for ''coercive'' syntactically placed as it is'.|ILGA World|''State-Sponsored Homophobia'' (2020), p. 82}} |
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Neither [[Amnesty International]]<ref name="ai |
Neither [[Amnesty International]]<ref name="ai%25252520rep">{{cite report |editor1-last=((Amnesty International)) |title=Love, hate and the law: decriminalizing homosexuality |chapter=Appendix 1: The Application of the Death Penalty for Consensual Same-sex Sexual Relations |pages=46–49 |date=4 July 2008|id=Index Number: POL 30/003/2008|chapter-url=/en/documents/pol30/003/2008/en/|quote=NOTE ON THE UNITED ARAB EMIRATES:<p>"The United Arab Emirates (UAE) does not carry the death penalty for same-sex consensual sexual relations.</p><p>"The UAE is a federal system in which Dubai has a full range of its own courts (if not, in some areas, its own laws); [[Emirate of Ras Al Khaimah|Ras al-Khaimah]] also has its own court system up to the level of [[cassation]], which is assumed by the Federal system based in Abu Dhabi. Article 354 of the Penal Code 'Union law No. 3 of 1987' ({{transliteration|ar|Qanoun al-'Uqoubat}}) provides for the death penalty in a context of force, or coercion, whereby a male or female forces another female or a male coerces another male to take part in the sexual act: Amnesty International therefore considers this article to address rape, not consensual same-sex sexual relations.</p>"As in other nearby countries, it is theoretically possible that {{transliteration|ar|[[zina]]}} (a sexual act by a married party outside of marriage) is punishable by death and that these could be used to prosecute consensual same-sex sexual acts, depending on the facts of the cases. Amnesty International is not aware of any case in which the use of {{transliteration|ar|zina}} laws against consensual same-sex sexual conduct has resulted in a death sentence in the UAE.|language=en}}</ref> nor ILGA<ref name="ilga%252525202020"/> have found evidence of the death penalty being applied for same-sex sexual activity {{as of|2020|lc=y}}, while Amnesty categorically "considers this article [of law] to address rape, not consensual same-sex sexual relations." Nevertheless, as ILGA comment:<ref name="2019%25252520ilga"/> {{blockquote|...the United Arab Emirates{{nbsp}}... could eventually apply the death penalty for same-sex sexual relations if they take the public stance that they are considered "harmful to society".|Nazeeha Saeed; ILGA World|''State-Sponsored Homophobia'' (2019), p. 138}} |
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There are no known instances of imposition of the [[Capital punishment in the United Arab Emirates|death penalty]], or sentences to life in prison, according to the US Department of State, Amnesty and the ILGA.<ref name="ilga |
There are no known instances of imposition of the [[Capital punishment in the United Arab Emirates|death penalty]], or sentences to life in prison, according to the US Department of State, Amnesty and the ILGA.<ref name="ilga%252525202020"/><ref name="2021%25252520US%25252520State">{{cite report |author1=((Bureau of Democracy, Human Rights, and Labor)) |title=2021 Country Reports on Human Rights Practices: United Arab Emirates|chapter-url=/reports/2021-country-reports-on-human-rights-practices/united-arab-emirates/|date=2021 |publisher=United States Department of State |chapter=Section 6. Discrimination and Societal Abuses}}</ref><ref name="2020%25252520US%25252520State">{{cite report |author1=((Bureau of Democracy, Human Rights, and Labor)) |title=2020 Country Reports on Human Rights Practices: United Arab Emirates|chapter-url=/reports/2020-country-reports-on-human-rights-practices/united-arab-emirates/|date=2020 |publisher=United States Department of State |chapter=Section 6. Discrimination and Societal Abuses}}</ref><ref name="2019%25252520US%25252520State">{{cite report |author1=((Bureau of Democracy, Human Rights, and Labor)) |title=2019 Country Reports on Human Rights Practices: United Arab Emirates|chapter-url=/reports/2019-country-reports-on-human-rights-practices/united-arab-emirates/|date=2019|publisher=United States Department of State |chapter=Section 6. Discrimination and Societal Abuses}}</ref><ref name="2018%25252520US%25252520State">{{cite report |author1=((Bureau of Democracy, Human Rights, and Labor)) |title=2018 Country Reports on Human Rights Practices: United Arab Emirates|chapter-url=/reports/2018-country-reports-on-human-rights-practices/united-arab-emirates/|date=2018 |publisher=United States Department of State |chapter=Section 6. Discrimination and Societal Abuses}}</ref> Prison sentences, fines, floggings,<ref name="Douglas-2012" /> and deportation for foreign nationals,<ref>{{cite web|url=/homosexuality-in-the-uae|title=Homosexuality in the UAE|website=detainedindubai}}</ref><ref name="%2525253A5">{{cite news|url=/2017/11/11/world/middleeast/dubai-crimes-united-arab-emirates-jail.html|title=Holding Hands, Drinking Wine and Other Ways to Go to Jail in Dubai|work=The New York Times|date=11 November 2017|last=Nordland|first=Rod}}</ref><ref name="%2525253A4">{{cite web|url=/same-sex-rights-across-the-world-4222149-Sep2018/|title=Homosexuality can still mean the death penalty in many countries|work=thejournal.ie|date=9 September 2018}}</ref><ref name="%2525253A3">{{cite news|newspaper=LGBT Nation|title=One photo of gay man in drag lands him on death row in Abu Dhabi|author=Dawn Ennis |date=5 October 2016|url=/2016/10/one-photo-gay-man-drag-lands-death-row-abu-dhabi/}}</ref> are known to have been consequences of suspected or established same-sex sexual conduct. Involuntary medical and psychological "treatments", including administration of hormonal therapies,<ref name="1975%25252520lgbtq%25252520nation">{{cite web|url=/2019/08/1975s-lead-singer-kissed-man-stage-dubai-protest-anti-gay-laws/|title=The 1975's lead singer kissed a man on stage in Dubai to protest anti-gay laws|first=Alex|last=Bollinger|date=17 August 2019|website=LGBTQ Nation}}</ref> and detention for forced psychological treatments,<ref name="USstate%252525202011"/> have occurred. There have been reports of mistreatment in detention such as beatings,<ref name="2019%25252520ilga"/> and forced anal examinations,<ref name="tog%25252520apart%252525202009">{{citation |title=Together, apart: Organizing around Sexual Orientation and Gender Identity Worldwide |date=2009 |publisher=Human Rights Watch |location=New York |isbn=978-1-56432-484-9 |url=/docid/4a30b4f42.html|via=United Nations Refworld}}</ref>{{rp|479}} amounting to torture.<ref name="2019%25252520ilga"/><ref name="dm%25252520icfuae">{{cite news |title=Raped and tortured in a Dubai prison: Former managing director of Leeds United reveals the hell he endured after being jailed and outed as gay by authorities in UAE |url=/uae-in-the-media/raped-and-tortured-dubai-prison-former-managing-director-leeds-united-reveals-hell |work=(ICFUAE) International Campaign For Freedom in the UAE |date=8 November 2017 |language=en |id=Republished from ''The Daily Mail'' |quote=[The man] spent 22 months in prison in Dubai after being accused of falsifying invoices and unlawfully channelling funds to a secret bank account.}}</ref> |
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The law against "voluntary debasement", variously rendered in English as "indecent assault", "indecency", or "carnal knowledge<ref name="ilga |
The law against "voluntary debasement", variously rendered in English as "indecent assault", "indecency", or "carnal knowledge<ref name="ilga%252525202020"/>{{rp|82}} is used against consensual same-sex (and other consensual non- or extramarital) activities.<ref name="2019%25252520ilga"/> This provision, Article 356, imposes penalties of terms of imprisonment of at least one year and up to fifteen years.<ref name="2019%25252520ilga">{{cite book |last1=Ramón Mendos |first1=Lucas |title=State-Sponsored Homophobia 2019|edition=13th |access-date=26 May 2021 |date=March 2019 |url=/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf |publisher=ILGA |location=Geneva|editor1-link=ILGA |editor1=((International Lesbian, Gay, Bisexual, Trans and Intersex Association))}}</ref>{{rp|479}} According to the British non-profit, [[Human Dignity Trust]], {{as of|2020|as at|lc=yes}}, all U.S. Department of State human rights reports on UAE since 2015, have stated there are no records of arrests or prosecutions for same-sex sexual activity in the country.<ref name="hdt">{{cite web |title=United Arab Emirates: Criminalisation - Enforcement 2020 |url=/country-profile/united-arab-emirates/ |website=humandignitytrust.org. |publisher=Human Dignity Trust |access-date=7 August 2022 |language=en}}</ref> |
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===Abu Dhabi=== |
===Abu Dhabi=== |
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Article 80 of the [[Abu Dhabi]] Penal Code makes sodomy punishable by imprisonment of up to 14 years.<ref>{{cite web|title=United Arab Emirates LGBTI Resources: Rights in Exile Programme|url= |
Article 80 of the [[Abu Dhabi]] Penal Code makes sodomy punishable by imprisonment of up to 14 years.<ref>{{cite web|title=United Arab Emirates LGBTI Resources: Rights in Exile Programme|url=/united-arab-emirates-lgbti-resources|access-date=2020-11-24|website=refugeelegalaidinformation.org}}</ref> Several news reports have revealed how the law is typically enforced.<ref>{{cite news|date=2017-08-24|title=UAE jails Singapore pair for wearing women's clothes|language=en-GB |work=BBC News|url=/news/world-middle-east-41035966|access-date=2020-11-24}}</ref> [[Cross-dressing]] is also likewise illegal. |
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In 2005, 26 young men were arrested at an Abu Dhabi hotel after [[Abu Dhabi Police|police]] discovered the men engaging in cross-dressing and [[homosexual]] practices.<ref name="sodomylaws1">{{cite web|url= |
In 2005, 26 young men were arrested at an Abu Dhabi hotel after [[Abu Dhabi Police|police]] discovered the men engaging in cross-dressing and [[homosexual]] practices.<ref name="sodomylaws1">{{cite web|url=/sodomylaws/world/uae/united_arab_emirates.htm |title=Sodomylaws.org |website=Sodomylaws.org |access-date=2016-02-26}}</ref> In discussing the raid, Mohammed bin Nukhaira Al Dhahiri, Minister of Justice, Islamic Affairs and Auqaf stated, "There will be no room for homosexual and [[queer]] acts in the UAE. Our society does not accept queer behaviour, either in word or in action".<ref name="sodomylaws1"/> Initial reports suggested that some of these men were ordered to be given experimental hormone treatments, although the Government subsequently backed off from these statements.<ref name="sodomylaws1"/> The men were all given a five-year prison sentence.<ref name="sodomylaws1"/> |
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On 9 August 2017, Emirati police in Abu Dhabi detained two Singaporean nationals in a shopping mall. A court convicted them of crimes and sentenced them to one year in prison "for attempting to resemble women". The UAE deported them on 28 August after they spent nearly three weeks in custody, much of that time in a cell they said was designated for "effeminate" people.<ref>{{cite web|url= |
On 9 August 2017, Emirati police in Abu Dhabi detained two Singaporean nationals in a shopping mall. A court convicted them of crimes and sentenced them to one year in prison "for attempting to resemble women". The UAE deported them on 28 August after they spent nearly three weeks in custody, much of that time in a cell they said was designated for "effeminate" people.<ref>{{cite web|url=/news/2017/09/07/uae-stop-policing-gender-expression|title=UAE: Stop Policing Gender Expression|date=7 September 2017|website=Human Rights Watch}}</ref> |
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===Dubai=== |
===Dubai=== |
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{{see also|Human rights in Dubai}} |
{{see also|Human rights in Dubai}} |
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Article 177 of the Penal Code of [[Dubai]] imposes imprisonment of up to 10 years on consensual sodomy. The most common depiction in the local media of [[LGBT]] people involves foreigners, disease, and [[sex crimes]] such as [[rape]].<ref>{{cite news|url= |
Article 177 of the Penal Code of [[Dubai]] imposes imprisonment of up to 10 years on consensual sodomy. The most common depiction in the local media of [[LGBT]] people involves foreigners, disease, and [[sex crimes]] such as [[rape]].<ref>{{cite news|url=/travel/middle-east/dubai-what-not-to-do-rules-laws-tourists-topless-sunbathing-dress-code-homosexuality-holiday-jamie-a7996456.html|title=Six things you absolutely mustn't do in Dubai|date=12 October 2017|website=The Independent}}</ref> |
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In July 2007,<ref name=" |
In July 2007,<ref name="%2525253A0">{{cite news |last1=Cambanis |first1=Thanassis |title=Dubai and rape: French youth tells his story |url=/2007/10/31/world/africa/31iht-dubai.4.8133097.html |access-date=2021-08-23 |work=[[The New York Times]] |date=2007-10-31 |archive-url=/20120902055015/http://www.nytimes.com/2007/10/31/world/africa/31iht-dubai.4.8133097.html |archive-date=2012-09-02 |url-status=live |url-access=limited |language=en-US |issn=0362-4331}}</ref> a case involved the kidnapping and rape of a sixteen-year-old French Swiss boy by a group of men.<ref name="abcnews1">{{cite web|url=/2020/story?id=3932740&page=1 |title='They Destroyed Me': French Teen's Rape Case Exposes Dubai's Dark Side - ABC News |website=Abcnews.go.com |date=2009-02-19 |access-date=2016-02-26}}</ref> The boy stated in a closed court session that soon after leaving the arcade, he saw a 17-year-old acquaintance who offered to drive him home and after him entering the SUV and driving past his home, the three men soon after raped the boy.<ref name="%2525253A0" /><ref name="%2525253A1">{{cite news|url=/article/us-emirates-france-rape-idUSL0765364420071107|title=Dubai court hears French boy's rape testimony |date=2007-11-07 |agency=Reuters |work=Reuters World News |access-date=2019-05-15 |language=en}}</ref> Initially, the police treated the victim as a suspect and the fear of being charged under Article 177 prompted the boy and his family to leave the country.<ref name="abcnews1"/> The mother accused the United Arab Emirates authorities of not notifying the family of the victim that one of the rapists was HIV-positive, testing positive 2003, thus delaying the seeking of medical attention for her son.<ref name="%2525253A1" /> The Dubai Police Chief brushed aside this accusation stating "The case is a court case{{nbsp}}... I think she is blaming everyone{{nbsp}}...<ref name="%2525253A1" /> Eventually, no formal charges were brought against the teenager who returned to testify against his rapists. The story generated international media attention with government representatives defending the criminal laws against homosexuality, saying: "This is a conservative society. Homosexuality, conducted homosexuality is an illegal act. And we are not ashamed of that." The boy's mother had launched an international campaign to boycott Dubai for the treatment of her son, but ended the campaign when the Government agreed to certain demands.<ref>{{cite web|title=Paris, 4 January 2008|url=/index_new_E.php|url-status=dead|archive-url=/20120728004053/http://www.boycottdubai.com/index_new_E.php|archive-date=28 July 2012|access-date=2015-11-30|website=boycottdubai.com}}</ref> The boy was also awarded [[United Arab Emirates dirham|AED]]15 million (US$4 million) in civil compensation.<ref>{{cite news|last=Fabrizio|first=Antonio|title=Men sentenced for Dubai rape of 15-year-old boy|url=/news/articles/2005-6322.html/|work=Pink News|access-date=9 November 2011|archive-url=/web/20080417175303/http://www.pinknews.co.uk/news/articles/2005-6322.html|archive-date=17 April 2008|url-status=dead}}</ref> |
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In 2008, two [[lesbian]] tourists were given a one-month jail sentence and then deported for engaging in public displays of affection while visiting a beach.<ref>{{cite web|last=Hipps|first=James|date=2008-09-02|title=Lesbian Couple Jailed for Kissing on Dubai Beach|url= |
In 2008, two [[lesbian]] tourists were given a one-month jail sentence and then deported for engaging in public displays of affection while visiting a beach.<ref>{{cite web|last=Hipps|first=James|date=2008-09-02|title=Lesbian Couple Jailed for Kissing on Dubai Beach|url=/2008/09/lesbian-couple-jailed-for-kissing-on-dubai-beach/|url-status=dead|archive-url=/web/20100116090641/http://www.gayagenda.com/2008/09/lesbian-couple-jailed-for-kissing-on-dubai-beach/|archive-date=16 January 2010|access-date=7 September 2009|website=gayagenda.com}}</ref> The trial, reportedly the first of its kind, prompted the police to create a special task force to combat homosexuality and other "indecent acts" from taking place on the beaches.<ref>{{cite news|date=2008-07-07|title=Dubai police target indecent acts on beaches|url=/articles/2008/07/07/52700.html|url-status=dead|archive-url=/20120719065131/http://www.alarabiya.net/articles/2008/07/07/52700.html|archive-date=2012-07-19|access-date=2016-02-26 |work=Al Arabiya}}</ref> |
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The legal and social sanctions against LGBT people mean that no formal LGBT organizations or nightclubs exist in Dubai. One nightclub called the ''Diamond Club'' sponsored a special night for the [[LGBT community]], featuring a British cross-dressing DJ, only to be shut down by the [[Government of Dubai|Government]].<ref>{{cite news|date=1 April 2001|title=Dubai closes club after gay night |work=[[BBC News]]|url= |
The legal and social sanctions against LGBT people mean that no formal LGBT organizations or nightclubs exist in Dubai. One nightclub called the ''Diamond Club'' sponsored a special night for the [[LGBT community]], featuring a British cross-dressing DJ, only to be shut down by the [[Government of Dubai|Government]].<ref>{{cite news|date=1 April 2001|title=Dubai closes club after gay night |work=[[BBC News]]|url=/2/hi/middle_east/1254897.stm}}</ref> |
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In 2011, two men were caught having sex in a car and were sentenced to a year each in prison. One man was Pakistani, 24, while the other was Filipino, 33, both found guilty of "homosexuality", which occurred in the International City area of Dubai.<ref>{{cite news|url= |
In 2011, two men were caught having sex in a car and were sentenced to a year each in prison. One man was Pakistani, 24, while the other was Filipino, 33, both found guilty of "homosexuality", which occurred in the International City area of Dubai.<ref>{{cite news|url=/uae/crime/two-get-one-year-jail-terms-for-performing-oral-sex-on-each-other-1.826545|title=Two get one-year jail terms for performing oral sex on each other|work=Gulf News|language=en|access-date=2019-05-15}}</ref> Both men were deported following their prison terms.<ref>{{cite news|last=Za'Za|first=Bassam|date=2011-06-23|title=Car sex earns men one-year sentences|url=/news/uae-news/courts/car-sex-earns-men-one-year-sentences|access-date=2016-02-26|work=The National}}</ref> |
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In 2012, police arrested two Indian men for having consensual sex in a public toilet at a bus station. Both were jailed for six months each and were deported following their prison terms.<ref>{{cite news|last=Za'Za|first=Bassam|date=2012-04-10|title=Two men jailed for consensual sex|url= |
In 2012, police arrested two Indian men for having consensual sex in a public toilet at a bus station. Both were jailed for six months each and were deported following their prison terms.<ref>{{cite news|last=Za'Za|first=Bassam|date=2012-04-10|title=Two men jailed for consensual sex|url=/news/gulf/uae/crime/two-men-jailed-for-consensual-sex-1.1006368|url-status=dead|archive-url=/web/20120410033032/http://gulfnews.com/news/gulf/uae/crime/two-men-jailed-for-consensual-sex-1.1006368|archive-date=10 April 2012|access-date=9 April 2012|work=Gulf News}}</ref> In the same year, a 28-year-old British man who drunkenly had sex with another man in [[Public sex|public]] were both sentenced to three years in jail followed by deportation.<ref>{{Cite news|last=Littauer|first=Dan|date=2012-04-12|title=Dubai: British man jailed for three years for public gay sex|url=/2012/04/12/dubai-british-man-jailed-for-three-years-for-public-gay-sex/|access-date=2021-05-26|work=PinkNews|language=en-GB}}</ref> On 21 March 2012, police raided and broke up a gay party consisting of 30 men.<ref>{{cite news| url=/dan-littauer/dubai-gay-party-arrests_b_1367159.html | website=Huffingtonpost.com | first=Dan | last=Littauer | title=Dubai Police Chief Denies Reports of Gay Arrests | date=21 March 2012|access-date=2016-02-26}}</ref> On 7 June 2012, a Belgian man admitted to [[Dubai Police Force|police]] that he was in a homosexual relationship with a Filipino. He was arrested and jailed for a year to be followed by deportation.<ref>{{cite web|last=Coleman|first=Aaron|date=2012-06-06|title=Man in Dubai Gets 1 Year in Prison For Gay Relationship / Queerty|url=/man-in-dubai-gets-1-year-in-prison-for-gay-relationship-20120606/|access-date=2016-02-26|website=queerty.com}}</ref> |
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In December 2013, Karen Mke and Kamilla Satto, two [[transgender women]] from Brazil, were arrested at a hotel nightclub in Dubai for "imitating women" after calling the police due to prejudices they witnessed in the nightclub.<ref name="auto">{{cite web|last=Molloy|first=Parker Marie|date=2014-01-24|title=Brazilian Trans Women Detained in Dubai for 'Imitating Women'|url= |
In December 2013, Karen Mke and Kamilla Satto, two [[transgender women]] from Brazil, were arrested at a hotel nightclub in Dubai for "imitating women" after calling the police due to prejudices they witnessed in the nightclub.<ref name="auto">{{cite web|last=Molloy|first=Parker Marie|date=2014-01-24|title=Brazilian Trans Women Detained in Dubai for 'Imitating Women'|url=/politics/transgender/2014/01/24/brazilian-trans-women-detained-dubai-imitating-women|access-date=2019-05-15|website=advocate.com|language=en}}</ref> After the law enforcement arrived to the nightclub and learned the two were transgender, they were arrested and the two were detained for two days without any explanation.<ref name="auto"/> The women were not allowed to leave Dubai once their passports were taken, and faced criminal charges.<ref>{{cite web|url=/2014/01/brazil-transgender-women-accosted-detained-in-dubai-for-imitating-women/|title=Brazil transgender women accosted, detained in Dubai for 'imitating women'|first=Dan |last=Littauer|date=23 January 2014|website=LGBTQ Nation}}</ref> The two were held in Dubai until their sentencing in March 2014 and were fined by the courts Dh 10,000 ($2722.50) and ordered to be deported.<ref>{{cite web|id=Updated|orig-date=First published 23 January 2014|first1=Cathy|last1=Brennan|title=Karen Mke and Kamilla Satto (United Arab Emirates)|url=/2014/01/23/karen-mke-and-kamilla-satto-united-arab-emirates/|access-date=2019-05-16|website=genderidentitywatch.com|language=en-US|archive-url=/web/20190516235023/https://genderidentitywatch.com/2014/01/23/karen-mke-and-kamilla-satto-united-arab-emirates/|archive-date=16 May 2019|url-status=usurped}}</ref> |
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Canadian [[YouTuber]] and model [[Gigi Gorgeous]], who is a transgender woman, was detained for five hours by officials at [[Dubai International Airport]] on 9 August 2016 due to authorities not recognizing her gender as legitimate. Her passport was confiscated during her detention. After being released from detention, she departed immediately for [[Sweden]].<ref>{{cite news|last1=Sieczkowski|first1=Cavan|date=10 August 2016|work=HuffPost|title=YouTube Star Was Allegedly Detained in Dubai Airport Because She's Trans|url= |
Canadian [[YouTuber]] and model [[Gigi Gorgeous]], who is a transgender woman, was detained for five hours by officials at [[Dubai International Airport]] on 9 August 2016 due to authorities not recognizing her gender as legitimate. Her passport was confiscated during her detention. After being released from detention, she departed immediately for [[Sweden]].<ref>{{cite news|last1=Sieczkowski|first1=Cavan|date=10 August 2016|work=HuffPost|title=YouTube Star Was Allegedly Detained in Dubai Airport Because She's Trans|url=/entry/gigi-gorgeous-dubai-airport-transgender_us_57ab2f3be4b06e52746e78cf}}</ref> |
||
Canadian [[YouTuber]] and model [[Gigi Gorgeous]], who is a transgender woman, was detained for five hours by officials at [[Dubai International Airport]] on 9 August 2016 due to authorities not recognizing her gender as legitimate. Her passport was confiscated during her detention. After being released from detention, she departed immediately for [[Sweden]].<ref>{{cite web|last1=Sieczkowski|first1=Cavan|date=10 August 2016|title=YouTube Star Was Allegedly Detained In Dubai Airport Because She's Trans|url= |
Canadian [[YouTuber]] and model [[Gigi Gorgeous]], who is a transgender woman, was detained for five hours by officials at [[Dubai International Airport]] on 9 August 2016 due to authorities not recognizing her gender as legitimate. Her passport was confiscated during her detention. After being released from detention, she departed immediately for [[Sweden]].<ref>{{cite web|last1=Sieczkowski|first1=Cavan|date=10 August 2016|title=YouTube Star Was Allegedly Detained In Dubai Airport Because She's Trans|url=/entry/gigi-gorgeous-dubai-airport-transgender_us_57ab2f3be4b06e52746e78cf|website=huffpost.com}}</ref> |
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In October 2017, Jamie Harron from [[Stirling]], Scotland, faced a three-year jail sentence after putting his hand on a man in a bar so as to not "bump and spill drinks". He was arrested for [[public indecency]] after touching the man's hip.<ref>{{cite news|last=Riordan|first=Conor|date=7 October 2017|title=British tourist facing jail in Dubai 'after accidentally touching man's hip'|work=independent.co.uk|url= |
In October 2017, Jamie Harron from [[Stirling]], Scotland, faced a three-year jail sentence after putting his hand on a man in a bar so as to not "bump and spill drinks". He was arrested for [[public indecency]] after touching the man's hip.<ref>{{cite news|last=Riordan|first=Conor|date=7 October 2017|title=British tourist facing jail in Dubai 'after accidentally touching man's hip'|work=independent.co.uk|url=/news/world/middle-east/dubai-british-scottish-man-hip-tourist-jail-accidentally-bar-jamie-harron-stirling-latest-a7987701.html|access-date=9 October 2017}}</ref> The charges of public indecency were eventually dropped following the intervention of the ruler of the Emirate [[Mohammed bin Rashid Al Maktoum]].<ref>{{cite news|date=23 October 2017|title=Charges dropped against Dubai Scot|url=/news/uk-scotland-tayside-central-41722204|access-date=24 October 2017|work=BBC News}}</ref> |
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==Gender identity and expression== |
==Gender identity and expression== |
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[[Sex reassignment surgery]] is severely restricted to limited circumstances which are highly regulated by the state.<ref>{{cite news|last=Moukhallati|first=Dana|date=2016-09-26|title=New law does not legalise sex change|url= |
[[Sex reassignment surgery]] is severely restricted to limited circumstances which are highly regulated by the state.<ref>{{cite news|last=Moukhallati|first=Dana|date=2016-09-26|title=New law does not legalise sex change|url=/uae/new-law-does-not-legalise-sex-change-1.216259|url-status=dead|archive-url=/web/20161220032925/http://www.thenational.ae/uae/new-uae-law-does-not-legalise-sex-change|archive-date=20 December 2016|work=The National}}</ref><ref>{{cite news |title=UAE rejects three transgender Emirati women's bid for gender status change |url=/variety/2018/03/23/UAE-rejects-three-transgender-Emirati-women-s-bid-for-gender-status-change |access-date=23 May 2021 |work=Al Arabiya |date=23 March 2018}}</ref> |
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Crossdressing is illegal and punishable.<ref>{{cite web|url= |
Crossdressing is illegal and punishable.<ref>{{cite web|url=/2021/01/one-anti-gay-countries-host-conference-lgbtq-rights/|title=One of the most anti-gay countries is about to host a conference on LGBTQ rights|first=Bil|last=Browning|date=5 January 2021|website=LGBTQ Nation}}</ref><ref>{{cite news |title=UAE jails Singapore pair for wearing women's clothes |url=/news/world-middle-east-41035966 |access-date=23 May 2021 |work=BBC News |date=24 August 2017}}</ref> |
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Gay conversion or cure therapy occurs. There is no law prohibiting or discouraging its use.<ref name="pink |
Gay conversion or cure therapy occurs. There is no law prohibiting or discouraging its use.<ref name="pink%25252520cure">{{Cite news|url=/2012/02/27/uae-pulled-gay-cure-video-gets-unprecedented-media-interest/|title = UAE: Pulled 'gay cure' video gets 'unprecedented' media interest |quote=In addition several key figures within the UAE including the Sultan Al-Qassemi, retweeted both The National's and PinkNews.co.uk's articles regarding the video removal story.|work=Pink News|date = 27 February 2012}}</ref> |
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==Living conditions== |
==Living conditions== |
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The [[U.S. Department of State]]'s 2011 Human Rights Report found that:<ref name="USstate |
The [[U.S. Department of State]]'s 2011 Human Rights Report found that:<ref name="USstate%252525202011">{{cite report|date=2011|publisher=U.S. Department of State|title=2011 Country Reports on Human Rights Practices: United Arab Emirates|author1=((Bureau of Democracy, Human Rights and Labor))|url=/documents/organization/186665.pdf |access-date=26 May 2021}}</ref> |
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{{blockquote|Both civil law and Sharia criminalize homosexual activity. Under Sharia[,] the death penalty is the punishment for individuals who engage in consensual homosexual activity. There were no prosecutions for homosexual activity during{{nbsp}}... [2011]. At times[,] the government subjected persons to psychological treatment and counseling for homosexual activity. Cross-dressing is a punishable offense. The government deported cross-dressing foreign residents and referred citizens to public prosecutors.|U.S. Department of State|''2011 Report on Human Rights Practices: United Arab Emirates'', p. 23}} |
{{blockquote|Both civil law and Sharia criminalize homosexual activity. Under Sharia[,] the death penalty is the punishment for individuals who engage in consensual homosexual activity. There were no prosecutions for homosexual activity during{{nbsp}}... [2011]. At times[,] the government subjected persons to psychological treatment and counseling for homosexual activity. Cross-dressing is a punishable offense. The government deported cross-dressing foreign residents and referred citizens to public prosecutors.|U.S. Department of State|''2011 Report on Human Rights Practices: United Arab Emirates'', p. 23}} |
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The Government in the United Arab Emirates has restricted access to various websites and monitors chat rooms, instant messages and blogs. There were only a few reports of prosecutions and punishments but many people on the internet have been censored their conversations and identity in gay chat rooms. The country's only internet service provider has a proxy server which blocks any website that goes against the country's moral values. Sites regarding dating or marriage, LGBT issues, the [[Baháʼí Faith]] or sites related to unblocking the censorship are all inaccessible. Some reports or sites related to unblocking the censorship are all inaccessible. Reports even suggest that any site with the word gay or sex is blocked.<ref>[http://www.detainedindubai.org/homosexuality-in-the-uae ''Internet Censorship''], Homosexuality in the UAE</ref> |
The Government in the United Arab Emirates has restricted access to various websites and monitors chat rooms, instant messages and blogs. There were only a few reports of prosecutions and punishments but many people on the internet have been censored their conversations and identity in gay chat rooms. The country's only internet service provider has a proxy server which blocks any website that goes against the country's moral values. Sites regarding dating or marriage, LGBT issues, the [[Baháʼí Faith]] or sites related to unblocking the censorship are all inaccessible. Some reports or sites related to unblocking the censorship are all inaccessible. Reports even suggest that any site with the word gay or sex is blocked.<ref>[http://www.detainedindubai.org/homosexuality-in-the-uae ''Internet Censorship''], Homosexuality in the UAE</ref> |
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The UAE's Media Regulatory Office banned the screening of Pixar's [[Lightyear (film)|''Lightyear'']] in cinemas in June 2022, stating that the movie violated the Emirates' media content standards. The movie was opposed for depicting a same-sex relationship.<ref>{{cite news|date=15 June 2022 |access-date=15 June 2022 |last1=Ives|first1=Mike|url= |
The UAE's Media Regulatory Office banned the screening of Pixar's [[Lightyear (film)|''Lightyear'']] in cinemas in June 2022, stating that the movie violated the Emirates' media content standards. The movie was opposed for depicting a same-sex relationship.<ref>{{cite news|date=15 June 2022 |access-date=15 June 2022 |last1=Ives|first1=Mike|url=/2022/06/15/movies/lightyear-banned-kiss-lgbt.html|title=Disney's 'Lightyear', With a Same-Sex Kiss, Faces a Backlash in Some Muslim Countries |
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|newspaper=The New York Times |archive-date=3 August 2022 |archive-url= |
|newspaper=The New York Times |archive-date=3 August 2022 |archive-url=/web/20220803130315/https://www.nytimes.com/2022/06/15/movies/lightyear-banned-kiss-lgbt.html}}</ref> Later that month, [[Majid (comics)|''Majid'']], a popular Arabic-language comic book series for children, came under investigation by the UAE authorities for allegedly promoting [[homosexuality]]. The magazine withdrew its May 2022 edition, which depicted a multi-colored character. In one dialogue the character said, "Amazing, I have the capability to colour things{{nbsp}}... Ali will wish to become like me." According to ''The New Arab'',<ref>{{cite news |author1=((The New Arab Staff)) |title=UAE children magazine retracts 'gay issue' after outcry |url=/news/uae-children-magazine-retracts-gay-issue-after-outcry |access-date=13 August 2022 |work=The New Arab |date=27 June 2022 |archive-url=/web/20220630175653/https://english.alaraby.co.uk/news/uae-children-magazine-retracts-gay-issue-after-outcry |archive-date=30 June 2022 |language=en}}</ref> a number of social media users had complained that ''Majid'' had intentionally used the Arabic word {{lang|ar|مثلي}} ({{transliteration|ar|mithli}}) in this character's speech, a word which means both a "homosexual" and "like me".<ref>{{cite news |last1=Singh |first1=Namita |url=/news/world/middle-east/abu-dhabi-majid-magazine-gay-issue-b2110943.html|title=UAE children's magazine accused of promoting homosexuality with 'gay issue'|date=28 June 2022|access-date=28 June 2022|newspaper=The Independent|archive-date=29 June 2022 |archive-url=/web/20220629172224/https://www.independent.co.uk/news/world/middle-east/abu-dhabi-majid-magazine-gay-issue-b2110943.html }}</ref> |
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==Public opinion== |
==Public opinion== |
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In May 2015, [[PlanetRomeo]], an [[LGBT]] social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how they are treated by other people and how satisfied are they with their lives. The UAE was ranked 85th with a GHI score of 37.<ref>[https://www.planetromeo.com/en/lgbt/gay-happiness-index/ The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men] {{webarchive |url= |
In May 2015, [[PlanetRomeo]], an [[LGBT]] social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how they are treated by other people and how satisfied are they with their lives. The UAE was ranked 85th with a GHI score of 37.<ref>[https://www.planetromeo.com/en/lgbt/gay-happiness-index/ The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men] {{webarchive |url=/web/20160512082604/https://www.planetromeo.com/en/lgbt/gay-happiness-index/ |date=12 May 2016 }} Planet Romeo</ref> |
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==Summary table== |
==Summary table== |
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|- |
|- |
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| Same-sex sexual activity legal |
| Same-sex sexual activity legal |
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| [[File:X mark.svg|15px|No]] (Penalty: death, life in prison, [[flogging]],<ref name="Douglas-2012">{{cite news |last1=Douglas |first1=Benji |title=Gays in the United Arab Emirates Face Flogging, Hormone Injections, Prison |url= |
| [[File:X mark.svg|15px|No]] (Penalty: death, life in prison, [[flogging]],<ref name="Douglas-2012">{{cite news |last1=Douglas |first1=Benji |title=Gays in the United Arab Emirates Face Flogging, Hormone Injections, Prison |url=/gays-in-the-united-arab-emirates-face-flogging-hormone-injections-prison-20120914 |work=queerty.com |access-date=26 May 2021 |date=14 September 2012}}</ref> fines, [[deportation]]) |
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|- |
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| Equal age of consent |
| Equal age of consent |
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|LGBT history education allowed |
|LGBT history education allowed |
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|[[Image:X mark.svg|15px|No]] Illegal: reference to same-sex relationships or related matters is forbidden.<ref>{{cite news | url= |
|[[Image:X mark.svg|15px|No]] Illegal: reference to same-sex relationships or related matters is forbidden.<ref>{{cite news | url=/content/5b8fa877-82ea-42a6-aadb-9a8df4a25332 |archive-url=/archive/20221211/https://www.ft.com/content/5b8fa877-82ea-42a6-aadb-9a8df4a25332 |archive-date=11 December 2022 |url-access=subscription | title=Anti-gay sentiment shows limit of Gulf states' liberal drive | newspaper=Financial Times | date=16 September 2022 }}</ref> |
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|- |
|- |
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| LGBT people allowed to serve openly in the military |
| LGBT people allowed to serve openly in the military |
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Line 121: | Line 121: | ||
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| Conversion therapy illegal |
| Conversion therapy illegal |
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| [[Image:X mark.svg|15px|No]] <!--"Conversion therapy is promoted and supported by the UAE government"<ref name="pink |
| [[Image:X mark.svg|15px|No]] <!--"Conversion therapy is promoted and supported by the UAE government"<ref name="pink%25252520cure"/>UAE gov not reported as promoting this video at all: Video IS conversion therapy, but there is no mention of UAE Govt promoting it AT ALL in the source. Unusually, in fact, key figures seemed to have tacitly approved its removal: "In addition several key figures within the UAE including the Sultan Al-Qassemi, retweeted both The National's and PinkNews.co.uk's articles regarding the video removal story."--> |
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| Access to IVF for lesbians |
| Access to IVF for lesbians |
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Line 148: | Line 148: | ||
==Further reading== |
==Further reading== |
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* {{cite web |title=United Arab Emirates LGBTI Resources |url= |
* {{cite web |title=United Arab Emirates LGBTI Resources |url=/united-arab-emirates-lgbti-resources/ |website=AMERA International}} British charity that provides: Case law, evidence of public attitudes, for NGOs that assist or advocate on LGBTI issues, and Country of Origin LGBTI Specialists |
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* {{citation |title=UAE Penal Code |date=2011 |publisher=UAE Judicial Department |location=Abu Dhabi |isbn=978-9948-492-70-2 |edition=1st |url= |
* {{citation |title=UAE Penal Code |date=2011 |publisher=UAE Judicial Department |location=Abu Dhabi |isbn=978-9948-492-70-2 |edition=1st |url=/s3fs-public/UAE%20Penal%20Code.pdf |series=LEGISLATION SERIES IN ENGLISH|via=Expat.Woman.com}} |
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* {{cite news |last1=Fatima |first1=Sakina |title=New UAE laws revamp sexual assault rules, apply to both sexes |url= |
* {{cite news |last1=Fatima |first1=Sakina |title=New UAE laws revamp sexual assault rules, apply to both sexes |url=/new-uae-laws-revamp-sexual-assault-rules-apply-to-both-sexes-2232176/ |access-date=7 August 2022 |work=The Siasat Daily |date=28 November 2021}} |
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* {{cite web |last1=Ambalavelil |first1=Sunil |title=The cohabitation of unmarried couples was recently decriminalised in the UAE. |url= |
* {{cite web |last1=Ambalavelil |first1=Sunil |title=The cohabitation of unmarried couples was recently decriminalised in the UAE. |url=/the-cohabitation-of-unmarried-couples-was-recently-decriminalised-in-the-uae/ |website=The Law Reporters |language=en |date=6 November 2021}} |
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==External links== |
==External links== |
Revision as of 20:09, 27 December 2022
![]() |
LGBT rights in United Arab Emirates | |
---|---|
![]() | |
Status | Illegal: Islamic Sharia law is applied |
Penalty | Death, life in prison, floggings,[1] fines, deportation, involuntary medical and psychological treatments, administration of hormonal therapies,[2] and detention for forced psychological treatments,[3] h beatings,[4] forced anal examinations,[5]: 479 and torture have occured.[4][6] |
Gender identity | No |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No recognition of same-sex relationships |
Adoption | No |
Lesbian, gay, bisexual and transgender (LGBT) persons in the United Arab Emirates face legal challenges not experienced by other residents. Homosexuality is illegal in the United Arab Emirates (UAE). Under UAE law same-sex sexual activity is punishable by the death penalty, in compliance with Sharia. As of 2020[update], there are no known arrests or prosecutions for same-sex sexual activity in the UAE since at least 2015.[7] Individuals have been prosecuted for related offences, under public decency laws, for acts such as kissing in public, or for cross-dressing.[7][8]
Additionally, non-marital or extramarital sexual activity, including heterosexual acts, may be subject to criminal prosecution as adultery or fornication (since 2022, only at the behest of a spouse or guardian). Such provisions could potentially be applied to same-sex relations.[9]
Legality of same-sex sexual activity
The Federal Penal Code, which follows Sharia law, does not replace the legal system of each emirate,[10] unless it is contrary to the federal law. Persons may be charged under the Federal Penal Code, or under a local (emirate) penal code.[citation needed]
Article 354 of the Federal Penal Code states:[11][12][13]
Without prejudice to the provisions of the Law on juvenile delinquents and displaced, death penalty shall be imposed on whoever used coercion in having sexual intercourse with a female or sodomy with a male.
— Ministry of Justice, UAE (English version as provided), Official Gazette of UAE, issue 182 (1987)
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) report that there are differing opinions on the effect of this provision, saying:[8]
...some scholars ... interpret ... [this provision] as applicable to consensual same-sex sexual activity, while others hold that 'it takes a stretch to read [it] as a criminalisation of consensual sex with the Arabic word for coercive syntactically placed as it is'.
— ILGA World, State-Sponsored Homophobia (2020), p. 82
Neither Amnesty International[10] nor ILGA[8] have found evidence of the death penalty being applied for same-sex sexual activity as of 2020[update], while Amnesty categorically "considers this article [of law] to address rape, not consensual same-sex sexual relations." Nevertheless, as ILGA comment:[14]
...the United Arab Emirates ... could eventually apply the death penalty for same-sex sexual relations if they take the public stance that they are considered "harmful to society".
— Nazeeha Saeed; ILGA World, State-Sponsored Homophobia (2019), p. 138
There are no known instances of imposition of the death penalty, or sentences to life in prison, according to the US Department of State, Amnesty and the ILGA.[8][15][16][17][18] Prison sentences, fines, floggings,[19] and deportation for foreign nationals,[20][21][22][23] are known to have been consequences of suspected or established same-sex sexual conduct. Involuntary medical and psychological "treatments", including administration of hormonal therapies,[24] and detention for forced psychological treatments,[25] have occurred. There have been reports of mistreatment in detention such as beatings,[14] and forced anal examinations,[26]: 479 amounting to torture.[14][27]
The law against "voluntary debasement", variously rendered in English as "indecent assault", "indecency", or "carnal knowledge[8]: 82 is used against consensual same-sex (and other consensual non- or extramarital) activities.[14] This provision, Article 356, imposes penalties of terms of imprisonment of at least one year and up to fifteen years.[14]: 479 According to the British non-profit, Human Dignity Trust, as of 2020[update], all U.S. Department of State human rights reports on UAE since 2015, have stated there are no records of arrests or prosecutions for same-sex sexual activity in the country.[7]
Abu Dhabi
Article 80 of the Abu Dhabi Penal Code makes sodomy punishable by imprisonment of up to 14 years.[28] Several news reports have revealed how the law is typically enforced.[29] Cross-dressing is also likewise illegal.
In 2005, 26 young men were arrested at an Abu Dhabi hotel after police discovered the men engaging in cross-dressing and homosexual practices.[30] In discussing the raid, Mohammed bin Nukhaira Al Dhahiri, Minister of Justice, Islamic Affairs and Auqaf stated, "There will be no room for homosexual and queer acts in the UAE. Our society does not accept queer behaviour, either in word or in action".[30] Initial reports suggested that some of these men were ordered to be given experimental hormone treatments, although the Government subsequently backed off from these statements.[30] The men were all given a five-year prison sentence.[30]
On 9 August 2017, Emirati police in Abu Dhabi detained two Singaporean nationals in a shopping mall. A court convicted them of crimes and sentenced them to one year in prison "for attempting to resemble women". The UAE deported them on 28 August after they spent nearly three weeks in custody, much of that time in a cell they said was designated for "effeminate" people.[31]
Dubai
Article 177 of the Penal Code of Dubai imposes imprisonment of up to 10 years on consensual sodomy. The most common depiction in the local media of LGBT people involves foreigners, disease, and sex crimes such as rape.[32]
In July 2007,[33] a case involved the kidnapping and rape of a sixteen-year-old French Swiss boy by a group of men.[34] The boy stated in a closed court session that soon after leaving the arcade, he saw a 17-year-old acquaintance who offered to drive him home and after him entering the SUV and driving past his home, the three men soon after raped the boy.[33][35] Initially, the police treated the victim as a suspect and the fear of being charged under Article 177 prompted the boy and his family to leave the country.[34] The mother accused the United Arab Emirates authorities of not notifying the family of the victim that one of the rapists was HIV-positive, testing positive 2003, thus delaying the seeking of medical attention for her son.[35] The Dubai Police Chief brushed aside this accusation stating "The case is a court case ... I think she is blaming everyone ...[35] Eventually, no formal charges were brought against the teenager who returned to testify against his rapists. The story generated international media attention with government representatives defending the criminal laws against homosexuality, saying: "This is a conservative society. Homosexuality, conducted homosexuality is an illegal act. And we are not ashamed of that." The boy's mother had launched an international campaign to boycott Dubai for the treatment of her son, but ended the campaign when the Government agreed to certain demands.[36] The boy was also awarded AED15 million (US$4 million) in civil compensation.[37]
In 2008, two lesbian tourists were given a one-month jail sentence and then deported for engaging in public displays of affection while visiting a beach.[38] The trial, reportedly the first of its kind, prompted the police to create a special task force to combat homosexuality and other "indecent acts" from taking place on the beaches.[39]
The legal and social sanctions against LGBT people mean that no formal LGBT organizations or nightclubs exist in Dubai. One nightclub called the Diamond Club sponsored a special night for the LGBT community, featuring a British cross-dressing DJ, only to be shut down by the Government.[40]
In 2011, two men were caught having sex in a car and were sentenced to a year each in prison. One man was Pakistani, 24, while the other was Filipino, 33, both found guilty of "homosexuality", which occurred in the International City area of Dubai.[41] Both men were deported following their prison terms.[42]
In 2012, police arrested two Indian men for having consensual sex in a public toilet at a bus station. Both were jailed for six months each and were deported following their prison terms.[43] In the same year, a 28-year-old British man who drunkenly had sex with another man in public were both sentenced to three years in jail followed by deportation.[44] On 21 March 2012, police raided and broke up a gay party consisting of 30 men.[45] On 7 June 2012, a Belgian man admitted to police that he was in a homosexual relationship with a Filipino. He was arrested and jailed for a year to be followed by deportation.[46]
In December 2013, Karen Mke and Kamilla Satto, two transgender women from Brazil, were arrested at a hotel nightclub in Dubai for "imitating women" after calling the police due to prejudices they witnessed in the nightclub.[47] After the law enforcement arrived to the nightclub and learned the two were transgender, they were arrested and the two were detained for two days without any explanation.[47] The women were not allowed to leave Dubai once their passports were taken, and faced criminal charges.[48] The two were held in Dubai until their sentencing in March 2014 and were fined by the courts Dh 10,000 ($2722.50) and ordered to be deported.[49] Canadian YouTuber and model Gigi Gorgeous, who is a transgender woman, was detained for five hours by officials at Dubai International Airport on 9 August 2016 due to authorities not recognizing her gender as legitimate. Her passport was confiscated during her detention. After being released from detention, she departed immediately for Sweden.[50]
Canadian YouTuber and model Gigi Gorgeous, who is a transgender woman, was detained for five hours by officials at Dubai International Airport on 9 August 2016 due to authorities not recognizing her gender as legitimate. Her passport was confiscated during her detention. After being released from detention, she departed immediately for Sweden.[51]
In October 2017, Jamie Harron from Stirling, Scotland, faced a three-year jail sentence after putting his hand on a man in a bar so as to not "bump and spill drinks". He was arrested for public indecency after touching the man's hip.[52] The charges of public indecency were eventually dropped following the intervention of the ruler of the Emirate Mohammed bin Rashid Al Maktoum.[53]
Gender identity and expression
Sex reassignment surgery is severely restricted to limited circumstances which are highly regulated by the state.[54][55]
Crossdressing is illegal and punishable.[56][57]
Gay conversion or cure therapy occurs. There is no law prohibiting or discouraging its use.[58]
Living conditions
The U.S. Department of State's 2011 Human Rights Report found that:[25]
Both civil law and Sharia criminalize homosexual activity. Under Sharia[,] the death penalty is the punishment for individuals who engage in consensual homosexual activity. There were no prosecutions for homosexual activity during ... [2011]. At times[,] the government subjected persons to psychological treatment and counseling for homosexual activity. Cross-dressing is a punishable offense. The government deported cross-dressing foreign residents and referred citizens to public prosecutors.
— U.S. Department of State, 2011 Report on Human Rights Practices: United Arab Emirates, p. 23
Censorship
The Government in the United Arab Emirates has restricted access to various websites and monitors chat rooms, instant messages and blogs. There were only a few reports of prosecutions and punishments but many people on the internet have been censored their conversations and identity in gay chat rooms. The country's only internet service provider has a proxy server which blocks any website that goes against the country's moral values. Sites regarding dating or marriage, LGBT issues, the Baháʼí Faith or sites related to unblocking the censorship are all inaccessible. Some reports or sites related to unblocking the censorship are all inaccessible. Reports even suggest that any site with the word gay or sex is blocked.[59]
The UAE's Media Regulatory Office banned the screening of Pixar's Lightyear in cinemas in June 2022, stating that the movie violated the Emirates' media content standards. The movie was opposed for depicting a same-sex relationship.[60] Later that month, Majid, a popular Arabic-language comic book series for children, came under investigation by the UAE authorities for allegedly promoting homosexuality. The magazine withdrew its May 2022 edition, which depicted a multi-colored character. In one dialogue the character said, "Amazing, I have the capability to colour things ... Ali will wish to become like me." According to The New Arab,[61] a number of social media users had complained that Majid had intentionally used the Arabic word مثلي (mithli) in this character's speech, a word which means both a "homosexual" and "like me".[62]
Public opinion
In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how they are treated by other people and how satisfied are they with their lives. The UAE was ranked 85th with a GHI score of 37.[63]
Summary table
Same-sex sexual activity legal | ![]() |
Equal age of consent | ![]() |
Anti-discrimination laws in employment only | ![]() |
Anti-discrimination laws in the provision of goods and services | ![]() |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | ![]() |
Same-sex marriages | ![]() |
Recognition of same-sex couples | ![]() |
Stepchild adoption by same-sex couples | ![]() |
Joint adoption by same-sex couples | ![]() |
LGBT history education allowed | ![]() |
LGBT people allowed to serve openly in the military | ![]() |
Right to change legal gender | ![]() |
Conversion therapy illegal | ![]() |
Access to IVF for lesbians | ![]() |
Access to gender identity treatment for minors with gender dysphoria | ![]() |
Commercial surrogacy for gay male couples | ![]() |
MSMs allowed to donate blood | ![]() |
See also
- Human rights in the United Arab Emirates
- LGBT rights in the Middle East
- LGBT rights in Asia
- LGBT in Islam
- Capital punishment for homosexuality
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Even so, to date there are no records that this penalty has been imposed on LGBT persons ...
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NOTE ON THE UNITED ARAB EMIRATES:
"The United Arab Emirates (UAE) does not carry the death penalty for same-sex consensual sexual relations.
"The UAE is a federal system in which Dubai has a full range of its own courts (if not, in some areas, its own laws); Ras al-Khaimah also has its own court system up to the level of cassation, which is assumed by the Federal system based in Abu Dhabi. Article 354 of the Penal Code 'Union law No. 3 of 1987' (Qanoun al-'Uqoubat) provides for the death penalty in a context of force, or coercion, whereby a male or female forces another female or a male coerces another male to take part in the sexual act: Amnesty International therefore considers this article to address rape, not consensual same-sex sexual relations.
"As in other nearby countries, it is theoretically possible that zina (a sexual act by a married party outside of marriage) is punishable by death and that these could be used to prosecute consensual same-sex sexual acts, depending on the facts of the cases. Amnesty International is not aware of any case in which the use of zina laws against consensual same-sex sexual conduct has resulted in a death sentence in the UAE.{{cite report}}
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value (help) - ^ Singh, Namita (28 June 2022). [/web/20220629172224/https://www.independent.co.uk/news/world/middle-east/abu-dhabi-majid-magazine-gay-issue-b2110943.html "UAE children's magazine accused of promoting homosexuality with 'gay issue'"]. The Independent. Archived from [/news/world/middle-east/abu-dhabi-majid-magazine-gay-issue-b2110943.html the original] on 29 June 2022. Retrieved 28 June 2022.
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value (help) - ^ The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men Error in Webarchive template: Invalid URL. Planet Romeo
- ^ [/archive/20221211/https://www.ft.com/content/5b8fa877-82ea-42a6-aadb-9a8df4a25332 "Anti-gay sentiment shows limit of Gulf states' liberal drive"]. Financial Times. 16 September 2022. Archived from [/content/5b8fa877-82ea-42a6-aadb-9a8df4a25332 the original] on 11 December 2022.
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Further reading
- [/united-arab-emirates-lgbti-resources/ "United Arab Emirates LGBTI Resources"]. AMERA International.
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value (help) British charity that provides: Case law, evidence of public attitudes, for NGOs that assist or advocate on LGBTI issues, and Country of Origin LGBTI Specialists - [/s3fs-public/UAE%20Penal%20Code.pdf UAE Penal Code] (PDF), LEGISLATION SERIES IN ENGLISH (1st ed.), Abu Dhabi: UAE Judicial Department, 2011, ISBN 978-9948-492-70-2 – via Expat.Woman.com
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value (help) - Fatima, Sakina (28 November 2021). [/new-uae-laws-revamp-sexual-assault-rules-apply-to-both-sexes-2232176/ "New UAE laws revamp sexual assault rules, apply to both sexes"]. The Siasat Daily. Retrieved 7 August 2022.
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value (help) - Ambalavelil, Sunil (6 November 2021). [/the-cohabitation-of-unmarried-couples-was-recently-decriminalised-in-the-uae/ "The cohabitation of unmarried couples was recently decriminalised in the UAE"]. The Law Reporters.
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