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LGBTQ rights in Uzbekistan

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LGBTQ rights in Uzbekistan
Legal Status
PenaltyUp to 3 years imprisonment[2]
Gender identityNo
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people face widespread prosecution inUzbekistan.[4] Same-sex sexual activity between men is illegal inUzbekistan. The punishment is up to 3 years in prison.[2] Uzbekistan is one of just 2post-Soviet states in which male homosexual activity remains criminalized, along withTurkmenistan.[5]

Serious societal discrimination and abuse is directed towards LGBTQ persons, which includes mob violence, harassment, entrapment for the purpose of blackmail, and threats and use of violence. Despite the incidence of violence and intimidation, LGBTQ persons generally do not report these crimes to authorities for fear of further victimisation at their hands. There are reports of extortion bypolice, intimidation, arbitrary detention, assaults and other mistreatment of victims who have sought police assistance. Human rights violations by police also include torture, and severe beatings in detention. Vigilante attacks and mob violence, and otherhate crimes, including murders, are targeted at LGBTQ individuals.[6]

The Uzbek government has dismissed the need for action to protectsexual minorities, with one official declaring that even if same-sex sexual activities were decriminalised, LGBTQ persons could not be kept safe. Community attitudes that fuel such anti-LGBTQ activity stem from theUzbek "mentality", with their "religion, culture, and traditions" making "gay men and women" unacceptable in the country, according to the spokesperson.[3]

Legality of same-sex sexual activity

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Laws criminalizing consensual same-sex sexual activity between men were enacted in theUzbek SSR in 1926.[1] It is criminalised in present-day Uzbekistan by Article 120 of Uzbek's criminal code (1994):[2][7][8]

Besoqolbozlik, that is, voluntary sexual intercourse of two male individuals – shall be punished with imprisonment up to three years.

— § 120,Uzbek Penal Code 1994 (revised 2001)

Morality laws

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Article 130 covers the distribution of pornographic materials. This provision and was strengthened in 2012:[9][10][relevant?]

Production with a purpose of demonstration and dissemination of, as well as demonstration and dissemination of obscene objects to persons under twenty-one of age committed after imposing of administrative penalty for the same actions – shall be punished with fine from one hundred to two hundreds minimal monthly wages or correctional labor up to three years.

— § 130,Uzbek Penal Code 1994 (amended 2001)

LGBT propaganda draft law

[edit]

In November 2024,Alisher Qodirov the leader of theMilliy Tiklanish party announced that he was drafting a law banning discussions of LGBT people. Qodirov claimed the law was inspired by statements made byDonald Trump's daughter,Ivanka Trump about "LGBT propaganda" in schools.[11]

Constitution of Uzbekistan

[edit]

In April 2023, theConstitution of Uzbekistan deliberately leaves out "sexual orientation" - despite all other categories explicitly being included - such as gender, race, religion and nationality.[12]

Summary table

[edit]
This sectionneeds additional citations forverification. Please helpimprove this article byadding citations to reliable sources in this section. Unsourced material may be challenged and removed.(January 2024) (Learn how and when to remove this message)
Same-sex sexual activity legal
  • No Illegal for males (Penalty: Up to 3 years in prison)
  • Yes Legal for females[2][3]
Equal age of consentNo
Anti-discrimination laws in employment onlyNo
Anti-discrimination laws in the provision of goods and servicesNo
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)No
Same-sex marriagesNo
Recognition of same-sex couplesNo
Step-child adoption by same-sex couplesNo
Joint adoption by same-sex couplesNo
Gays, lesbians and bisexuals allowed to serve openly in the militaryNo
Right to change legal genderNo
Access to IVF for lesbiansNo
Commercial surrogacy for gay male couplesNo
MSM allowed to donate bloodNo
Conversion therapy bannedNo

See also

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References

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  1. ^abHealey, Dan (2002). "Homosexual Existence and Existing Socialism: New Light on the Repression of Male Homosexuality in Stalin's Russia".GLQ: A Journal of Lesbian and Gay Studies.8 (3):349–378.doi:10.1215/10642684-8-3-349.S2CID 143578469.
  2. ^abcdeILGA (December 2020).State-Sponsored Homophobia: 2020 global legislation overview update(PDF) (Report). p. 139.Archived(PDF) from the original on 15 December 2020. Retrieved13 June 2022.
  3. ^abcBureau of Democracy, Human Rights, and Labor (2021)."Section 6. Discrimination and Societal Abuses". 2021 Country Reports on Human Rights Practices: Uzbekistan (Report). United States Department of State.The law criminalizes consensual same-sex sexual conduct between men. Conviction is punishable by up to three years imprisonment. The law does not criminalize consensual same-sex sexual conduct between women.
  4. ^"Uzbekistan".Human Dignity Trust. Retrieved5 November 2023.
  5. ^Mole, Richard C. M. (2018)."Introduction to "Soviet and Post-Soviet Sexualities"".Slavic Review.77 (1):1–5.doi:10.1017/slr.2018.7.ISSN 0037-6779.
  6. ^"Uzbekistan: Gay Men Face Abuse, Prison".Human Rights Watch. 23 March 2021. Retrieved13 July 2022.
  7. ^Penal Code 1994 (amended 2001), archived fromthe original on 18 January 2017, retrieved25 March 2010 – via www.legislationline.org
  8. ^"Ch 4: Sexual Crimes".Criminal Code of the Republic of Uzbekistan (1994); 2012-XII, Article 120—Besoqolbozlik(PDF). Tashkent: The Supreme Council of the Republic of Uzbekistan. 22 September 1994. pp. 37–38. Retrieved12 August 2022.
  9. ^"Ch 5: Crimes against family, youth and morality".Criminal Code of the Republic of Uzbekistan (1994); 2012-XII, Article 130—Production and Dissemination of Obscene Objects(PDF). Tashkent: The Supreme Council of the Republic of Uzbekistan. 29 August 2001 [September 22, 1994]. pp. 39–40. Retrieved12 August 2022.
  10. ^"Uzbekistan strengthens law to fight pornography".UzDaily.uz (in Russian and English).
  11. ^"Donald Trump is already inspiring other countries to crack down on homosexuality".LGBT Nation.
  12. ^"Uzbekistan's constitutional amendment expands human rights, freedom of expression".www.aa.com.tr.
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