LGBT rights in Yemen
|LGBT rights in Yemen|
|Same-sex sexual activity legal?||Illegal|
|Corporal punishment for first offense. Death penalty for second offense|
|No recognition of same-sex relationships|
Homosexuality is illegal in Yemen in accordance with the country's Shari'ah legal system. LGBT persons in Yemen are likely to suffer discrimination, legal, and social challenges. Punishments for homosexuality range from flogging to death. Yemen is one of only seven countries to apply a death penalty for consensual sexual acts between adults of the same sex.
As of 2007, there was no public or semi-public space for gays as in western democratic countries or some Middle Eastern democracies such as Turkey. The official position is that there are no gays in Yemen.
The Constitution of Republic Of Yemen, amended in 2001, does not explicitly address LGBT rights. It does guarantee certain human rights to all citizens, with the condition that all legislation must be compatible with principles of Islamic Shariah law .
Punishment for homosexuality in Yemen can originate from the codified penal code, or from people seeking to enforce traditional Islamic morality.
Article 264 of the national penal code prohibits private consensual homosexual acts between adult men. The stipulated punishment in the law for unmarried men is 100 lashes and up to a year in prison. The law stipulates that married men convicted of homosexuality are to be put to death .
Article 268 of the national penal code prohibits private consensual homosexual acts between adult women. The law stipulates that premeditated acts of lesbianism are punished with up to three years in prison .
In addition to the penal code, punishment for homosexuality can originate from people seeking to enforce traditional Islamic morality within their own family or for the broader society. In vigilante cases such as this, the punishment for homosexuality is oftentimes death .
The government blocks access to webpages that express support LGBT rights. This policy of censorship also extends to publications and magazines in Yemen.
In 2010, the magazine Al Thaqafiya was shutdown by the government for publishing a review on the Egyptian film titled, “Heena Maysara” (translates to “Till things get better”). The reviewer, a Yemeni filmmaker named Hamid Aqbi, expressed some support for LGBT-rights while discussing the film [Gay City News, April 29, 2010].
In 2004, the Yemem Times, an English-language magazine, was allowed to published an opinion piece opposing legal recognition of gay marriage.
In 2003, the Week, an Arabic-language magazine, published an article that included interviews with Yemenis men imprisoned for homosexuality. The three journalists involved with the article were convicted by the government [Aljazeera, May 18, 2004].
|Same-sex sexual activity legal||(Penalty: Death)|
|Equal age of consent|
|Anti-discrimination laws in employment|
|Anti-discrimination laws in the provision of goods and services|
|Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)|
|Recognition of same-sex couples|
|Step-child adoption by same-sex couples|
|Joint adoption by same-sex couples|
|Gays and lesbians allowed to serve openly in the military|
|Right to change legal gender|
|Access to IVF for lesbians|
|Commercial surrogacy for gay male couples|
|MSMs allowed to donate blood|
- International Gay and Lesbian Human Rights Commission: Status of Sexual minorities – Yemen
- New book details increase in antigay violence worldwide
- An FCO programme for promoting the human rights of LGBT people
- World Day against Death Penalty: 7 countries still put people to death for same-sex acts
- Study: 25 countries block Web sites, including those with gay content
- And then there was Yemen.