LGBT rights in the Faroe Islands
| LGBT rights in the Faroe Islands | |
|---|---|
| Same-sex sexual activity legal? | Decriminalized since 1933, age of consent equalized since 1988. |
| Gender identity/expression | Not legal |
| Military service | Gays and lesbians are allowed to serve in the army since 1978 |
| Discrimination protections | Yes |
| Family rights | |
| Recognition of relationships |
No recognition |
| Adoption | None |
Support for the inclusion of the words 'sexual orientation' into the anti-discrimination law § 266B (2006 poll)[1]
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Faroe Islands may face legal challenges not experienced by non-LGBT residents. While same-sex sexual activity has been legal in the Faroe Islands for decades, same-sex couples and households headed by same-sex couples remain ineligible for some legal rights available to opposite-sex couples. However, after long having been a taboo subject, public opinion of homosexuality and transexualism is becoming more liberal.
Contents
Law regarding same-sex sexual activity[edit]
Same-sex sexual activity has been legal in the Faroe Islands since 1933. At that time the age of consent was set at 18 for same-sex relations. Then in 1988, the age of consent became gender-neutral and equal at 15.[5]
Recognition of same-sex relationships[edit]
The Faroe Islands is the only Nordic country that does not recognise same-sex unions.
Denmark legalised same-sex marriage in 2012 and the Greenlandic parliament approved the adoption of the law in 2015, but previous attempts to adopt the law had been rejected by the Faroe Islands. The Registered Partnership Law legalised in Denmark in 1989 also only took effect to Greenland in 1996, but no efforts were ever made to consider the adoption of the law in the Faroe Islands.
A set of bills to extend Danish same-sex marriage legislation to the Faroe Islands was submitted to the Løgting on 20 November 2013. These bills only included the provision for same-sex couples to have a legally valid civil wedding and did not include the provision for having a church wedding. If approved, they would have entered into force on 1 April 2014.[6][7][8] The bills were rejected at the second reading on 13 March 2014.[9][10][11][12] Another political consideration to approve the bill would not be possible until after the next general election.
On 24 September 2015, the Independent member Sonja Jógvansdóttir along with Republic member Bjørt Samuelsen, Social Democratic member Kristianna Winther Poulsen and Progress member Hanna Jensen, submitted a same-sex marriage proposal identical to the 2013 bill to the Parliament Secretariat. The bill is expected to enter Parliament in October.[13] On 8 October 2015 the Faroese news portal in.fo asked the director of the Løgting, Jonhard Klettheyggj, when the bill would be processed in the Løgting. Klettheyggj said that it was not that simple, it was not ready yet because the proposal suggests that the Danish authorities should change a Danish law, which is not a common practice for members of the Løgting to do, it happens rarely, but usually it is made by a government minister. The bill will not be ready for the Løgting until after the autumn holiday[14] (the autumn holiday is from 12 October until 18 October 2015).
Discrimination protections[edit]
Denmark's prohibition of discrimination on the basis of sexual orientation came into force in 1987. The Faroese parliament proposed a similar bill in 1988, but the bill was rejected with only 1 "Yes" vote against 17 "No".[15] The bill was not proposed again until November 2005, when it was rejected again by a vote of 20 to 12 (with 1 abstention). The members who voted against claimed that since "homosexuality goes against the Bible," discrimination against a person on that basis should be lawful. There were also many insulting comments from Member of Parliament, including equating LGBT people to sinners and pedophiles.[16][17] The vote attracted the criticism of an Icelandic MP.[18]
Discrimination against gays and lesbians on the islands is rare but the topic became a source of public debate in 2006 after Rasmus Rasmussen, an openly gay musician and popular radio host, was assaulted by five men in Tórshavn.[19][20] These men also harassed Rasmus's family members on the telephone. An internet petition collected 20000 signatures from different parts of world, urging the Faroese parliament to legislate against discrimination towards people according to sexual orientation.[21]
On 15 December 2006, in a 17–15 vote, Faroese legislators approved the inclusion of the words "sexual orientation" in the islands' anti-discrimination law § 266B. § 266B states that "Whoever publicly or with the intention of dissemination to a wider circle makes statement or other communication by which a group of persons are threatened, insulted or degraded on account of their race, color, national or ethnic origin, religion or sexual orientation is liable to a fine or imprisonment up to 2 years."[22][23] The law took effect on 1 January 2007. Thus, the Faroe Islands became the last Northern European country to ban discrimination and harassment based on sexual orientation.
Living conditions[edit]
Prior to 2012, LGBT rights was not a high-profile issue in the Faroe Islands.
The Faroe Islands has been viewed by other Nordic countries as "a homophobic country" for a long time. Generally, this is because the Faroe Islands is the most religious region in the Nordics and religious observance is widespread and devout among the Faroese,[24] and due to the lack of gay rights, such as recognition of same-sex unions, in the Faroe Islands compared to other Nordic countries. Both factors have created an assumption that Faroese people are intolerant of LGBT individuals. In the past, the demonization of LGBT people as "monsters" or "freaks" by the churches or religious leaders was quite common,[16] and until recently there was limited knowledge or discussion of LGBT people and their rights, meaning that for decades many Faroese LGBT people had to stay in the closet for fear of discrimination. There were also cases of Faroese LGBT people rejected by their family or friends, and of LGBT people becoming "refugees" in other Nordic countries to escape discrimination or have their rights recognized. Some living in overseas even refused to go back.[17][25] There were also a number of high-profile homophobic incidents which were widely reported in the Scandinavian press.
High profile homophobic incidents[edit]
- The first gay pride march in the islands in 2005 provoked much controversy and received a lot of criticisms.[26]
- In 2005, the members of Great Garlic Girls, a group of Norwegian males who perform in drag, had to run for their lives when a gang of young men, intent on assaulting them physically, chased them down the street in Tórshavn when they had their performance.[16]
- In 2006, Rasmus Rasmussen, a popular and respected Faroese singer, songwriter, guitarist, and radio host was severely beaten and hospitalised by five men in Tórshavn, shortly after he had publicly announced that he was gay. He was later moved to a psychiatric hospital suffering from deep depression, said to have been exacerbated by his beating. Following media reporting of the attack, he and his family received threatening telephone calls.[16] In an interview with the Danish media back in December 2006, Rasmus said that after publicly announced that he was gay, he was tired of the condescending glances and mocking comments from the Faroese society.
- In November 2006, the Danish media made a series of reports about the Faroese gay community, which featured some interviews with the politicians. A conservative politician Óli Breckmann told the Danish media that 'Accepting gay rights in the Faroe Islands would pervert the entire generation... I'm afraid that after passing the proposal (to include the words "sexual orientation" into § 266B), politicians would call for the need of protecting pedophiles.' The Faroese prime minister Jóannes Eidesgaard, who supported the proposal, was shocked 'He (Óli Breckmann) was comparing homosexuals to a criminal group (pedophiles).' John Johannesen from Social Democratic Party demanded Óli Breckmann to take back his words. The chairman of Union Party, Kaj Leo Johannesen also criticized Óli Breckmann for making frivolous statements and criticized him for not showing the proposal the respect it deserved. Even the members from Óli Breckmann's party, People's Party, criticized his statement. The chairman Anfinn Kallsberg later told the Faroese media that these kinds of statement 'bring the Faroe Islands in a bad light'. Meanwhile, Margretha Nónklett, the chairman of the Amnesty International Faroe Islands delivered her comment on this issue 'These kinds of statement show how the gay community is being demonized in the Faroe Islands'[27]
- In 2010, one MP from a conservative Christian Centre Party declined an invitation to have dinner with the now former Icelandic Prime Minister, a married lesbian. The MP, Jenis av Rana, said "the declination to accept the dinner invitation was because of the party's views against same-sex marriage." He provoked further controversy by saying that the majority of Faroese people would agree with his statement.[18] This incident was widely reported in the Scandinavian press and earned him much criticism, especially from the people in the Faroe Islands, as he said something that could negatively affect the diplomatic relationship between Iceland and the Faroe Islands.[28]
- In June 2015 the speaker of the Faroe parliament, Jógvan á Lakjuni wrote a letter to the editor titled "Hvar eru vit á veg?" ("Where are we heading?").[29] Jógvan á Lakjuni said 'We can see how selective the Kringvarp Føroya is - i.e. how much space the LGBT and the its president get - while other, who try to speak against them, are ridiculed and ignored! And then there is the Nordic House in Tórshavn, which now just before the Ólavsøka, our Christian national holiday, will have a so-called "dragshow", where the homo-organization also plays a major role. What is this? Do these people not feel any shame at all, dragging such non-culture into the Nordic House?'[30]
- In August 2015 one of the themes which got relative much space in the electoral campaign of the general election, which was held on 1 September 2015, was same sex marriage. The Centre Party quoted God and the Bible on several occasions. On Saturday 29 August 2015 there was an open air prayer meeting in front of the parliament, where people would pray for the election and for the marriage between man and woman as they thought that the Christian foundation of the Faroese society was threatened.[31] Four members of different Christian congregations sent out an appeal to the public to gather on the Tinghúsvøllur and pray together.[32][33] The leader of the Centre Party, Jenis av Rana, compared LGBT Føroyar with the Sea Shepherd Conservation Society, who had a campaign against pilot whale hunt in the Faroe Islands in the summer of 2015 as well as in 2014. Jenis av Rana said, that both LGBT and Sea Shepherd were threats from abroad against the Faroese society, but he considered LGBT to be a worse threat than Sea Shepherd, because the Sea Shepherd were present and harassing in the Faroe Islands for 3 months in the summer and then they left the islands again, but the LGBT was there the whole year and was a much bigger threat against the Christian values. He said the same thing in July 2015, when he suggested that the Pride which has been in the centre of Tórshavn a just before the national holiday Ólavsøka, should be moved to Hoyvík, outside of Tórshavn, just as they had done with whaling protesters in 2014.[34] Eiler Fagraklett, a spokesperson for LGBT Føroyar, expresses on Facebook, that he was deeply hurt by the discussion about the Faroese marriage law. He felt especially hurt because many Faroese people had called Faroese gay people big sinners during the electoral campaign. He also mentioned that the prime minister, the speaker of the Løgting, the mayor of Tórshavn, three priests and around 800 other people had participated in the prayer meeting in front of the parliament building in order to pray that people who were against gay marriage would be elected to the parliament among other things.[35]
Recent developments[edit]
However, more recent developments have suggested that the Faroe Islands is becoming more liberal. It has been suggested that this could be because after the Faroese parliament outlawed discrimination towards LGBT people, many LGBT people were encouraged to come out publicly.[25] There were various LGBT exhibitions on the islands such as "Hvat er natúrligt?"[36] or "Gay Greenland"[37] that increased public support for the LGBT community.
The Faroese LGBT population also received support from some famous Faroese people, such as Eivør Pálsdóttir.[38] One of the examples was in an interview with the Icelandic media, she defended gay people by saying that people with narrow minded opinions (on homosexuals and transgender people) should be ignored.[39]
Furthermore, different polls showed that the general public is becoming more liberal towards LGBT rights. A May 2013 Gallup survey found that 68% favoured civil marriage (not religious marriages) for same-sex couples, with 27% against and 5% undecided, with supporters outnumbering opponents in every age group.[16][40][41] Another poll conducted in August 2014 found that out of the 600 respondents, 61% of supported same-sex marriage while 32% opposed and the rest were undecided.[42]
A poll conducted in May 2014 found that region divide was significant in the attitudes towards same-sex marriage, despite showing similar results compared to the other polls, with 62% supporting same-sex marriage, while 28% were against and 10% were undecided. The respondents in Norðoyar and Eysturoy (42% and 48% support) are less likely to support same-sex marriage compared to the areas near the capital of Suðurstreymoy (76% support).[43]
However, despite the recent liberalization of attitudes towards LGBT people, limitations on the living conditions of the LGBT people remain. Signs of a visible gay scene in the Faroe Islands are very limited. Furthermore, most of the members of parliament and government officials still hold homophobic attitudes or use religious reasoning to criticize LGBT people and block moves towards further LGBT rights.[44] The country scored very low in the "Rainbow Map Europe 2013".[45][46]
Sonja Jógvansdóttir became the first Faroese homosexual who was elected member of the Faroese parliament after the general election was held on September 1, 2015. She gained 1,020 personal votes, making her the third-most popular politician in the Faroe Islands. She will be fighting for the legalization of same-sex marriage.[47]
On 18 September 2015, the newspaper Sosialurin asked members of Parliament how they would vote on a same-sex marriage bill. 16 said they were in favor, 11 said they were against and 6 gave no opinion or had no answer.[48]
Summary table[edit]
| Same-sex sexual activity legal | |
| Equal age of consent | |
| Anti-discrimination laws in hate crime | |
| Anti-discrimination laws in employment | |
| Anti-discrimination laws in the provision of goods and services | |
| Same-sex marriage(s) | |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays allowed to serve in the military | |
| Right to change legal gender | |
| Commercial surrogacy for gay male couples | |
| Access to IVF for lesbians | |
| MSMs allowed to donate blood |
See also[edit]
References[edit]
- ^ "Poll: Faroese voters are more divided than the MPs on whether homosexuals should be protected by the Faroese Criminal Code § 266B. (In Danish only)".
- ^ "Poll: 68% approve of equal marriage in the Faroe Islands".
- ^ "Faroe Islands poll: 61% support same-sex marriage".
- ^ John Willims Joensen (6 June 2014). "Norðoyingar og eysturoyingar ikki heilt sannførdir um borgarliga vígslu av samkyndum".
- ^ Faroe Pride
- ^ (Faroese) 51/2013 Uppskot til ríkislógartilmæli um at seta í gildi fyri Føroyar partar av broytingum í hjúnabandslógini og rættarvirknaðarlógini við tilhoyrandi skjølum
- ^ (Faroese) 52/2013 Uppskot til ríkislógartilmæli um broyting í rættargangslógini fyri Føroyar
- ^ (Faroese) 53/2013 Uppskot til ríkislógartilmæli um broyting í “Anordning om ikrafttræden for Færøerne af lov om ægteskabs indgåelse og opløsning”
- ^ Faroe Islands: Equal marriage bill voted down
- ^ (Faroese) Løgtingssetan 2013 Mál: 51 Viðgerð: 2
- ^ (Faroese) Løgtingssetan 2013 Mál: 52 Viðgerð: 2
- ^ (Faroese) Løgtingssetan 2013 Mál: 53 Viðgerð: 2
- ^ Uppskot at broyta hjúnabandslógina latið tinginum
- ^ Rana, Hallur av (8 October 2015). "Uppskotið verður eftirkannað í løtuni" (in Faroese). In.fo. Retrieved 9 October 2015.
- ^ Being the ‘Other’ from the Faroe Islands
- ^ a b c d e http://www.humciv.com/
- ^ a b http://www.homoglobiini.fi/2007/02/27/a-letter-from-faroe-islands/?lang=fi
- ^ a b Faroe Islands MP refuses to dine with Iceland’s gay prime minister and her partner
- ^ Norden: Minister to explain Faroese gay policy
- ^ [DR2 Tema: De sidste bøsser på Færøerne]
- ^ Homophobia "perfectly legal" in Faroe Islands
- ^ Island Chain Votes To Ban Discrimination Against Gays
- ^ §266b
- ^ Faroese religion
- ^ a b http://rudar.ruc.dk/bitstream/1800/14477/1/LGBT%20F%C3%B8royar%20Project.pdf
- ^ http://castroller.com/podcasts/TheFaroeIslands/3002862
- ^ (in Danish) http://lgbt.fo/?page_id=1227. Missing or empty
|title=(help) - ^ http://www.patheos.com/blogs/friendlyatheist/2010/09/12/christian-politician-snubs-icelands-gay-prime-minister/
- ^ Lakjuni, Jógvan á (10 June 2015). "Hvar eru vit á veg?" (in Faroese). in.fo (Sosialurin). Retrieved 29 June 2015.
- ^ Lakjuni, Jógvan á (11 June 2015). "HVAR ERU VIT Á VEG?" (in Faroese). Vitin.fo. Retrieved 29 June 2015.
- ^ Hentze, Bergljót; Mohr, Bjarni (25 August 2015). "Biðja fyri løgtingsvalinum" (in Faroese). Kringvarp Føroya. Retrieved 1 September 2015.
- ^ Eidesgaard, Marin (26 August 2015). "Prestar fara at biðja fyri valinum og hjúnabandinum" (in Faroese). Portal.fo. Retrieved 1 September 2015.
- ^ Nielsen, Jóanis (29 August 2015). "Nógv fólk til bønarátak á Tinghúsvøllinum - myndir" (in Faroese). jn.fo. Retrieved 1 September 2015.
- ^ Bertholdsen, Áki (6 July 2015). "Samkynd skrúðgonga á ólavsøku skal bannast" (in Faroese). in.fo. Retrieved 1 September 2015.
- ^ Midjord, Høgni (30 September 2015). "Eiler Fagraklett - Kjakið um samkynd særir meg djúpt" (in Faroese). Portal.fo. Retrieved 1 September 2015.
- ^ http://listinblog.blogspot.hk/2012/07/hvat-er-naturligt-ra-og.html
- ^ https://www.facebook.com/media/set/?set=a.792646730746718.1073741841.226290867382310&type=1
- ^ https://www.facebook.com/media/set/?set=a.597172336960826.1073741829.226290867382310&type=3
- ^ http://www.gayiceland.is/2015/eivor-palsdottir-ignore-jenis-av-rana/
- ^ Poll: 68% approve of equal marriage in the Faroe Islands
- ^ Large majority agrees with civil marriage for homosexuals
- ^ Faroe Islands poll: 61% support same-sex marriage
- ^ http://www.nordlysid.fo/nordoyingar+og+eysturoyingar+ikki+heilt+sannfordir+um+borgarliga+vigslu+av+samkyndum.html
- ^ http://lgbt.fo/?page_id=1227
- ^ https://www.facebook.com/photo.php?fbid=784605328217525&set=pb.226290867382310.-2207520000.1400304259.&type=3&theater
- ^ https://www.facebook.com/photo.php?fbid=737839102894148&set=pb.226290867382310.-2207520000.1400304327.&type=3&theater
- ^ http://www.dr.dk/nyheder/politik/lesbisk-stemmesluger-vil-kaempe-mere-lighed-paa-faeroeerne
- ^ 16 members of parliament in favor of gay marriage
- ^ [1]
- ^ http://www.information.dk/476162
- ^ "Vantandi rættindi og mismunur". Lgbt.fo. Retrieved 2014-04-05.
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