User:BomBom/Sandbox14

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Court cases dealing with homosexuality: http://hrw.org/english/docs/2007/07/11/global16374.htm
Very interesting general overview: http://www.galva108.org/aroundtheworld.html
Kosovo: http://www.amnestyusa.org/document.php?lang=e&id=ENGEUR700152006
Kosovo: http://www.amnesty.org/en/library/asset/EUR70/011/2006/en/0e01800c-a43a-11dc-bac9-0158df32ab50/eur700112006en.html
Somaliland: http://www.somalilandlaw.com/Criminal_Law/body_criminal_law.html
South Ossetia & Abkhazia: http://www.penalreform.org/south-caucasus.html
Cocos Islands: http://www.comlaw.gov.au/ComLaw/Legislation/Act1.nsf/framelodgmentattachments/A70C66F146800822CA256F720017D4E4
France dépénalisation: http://www.polychromes.fr/spip.php?article63 - http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000691992&dateTexte=20080331
Ireland: http://www.irishstatutebook.ie/1993/en/act/pub/0020/index.html
Mayotte (coutume): http://ec.europa.eu/development/geographical/regionscountries/countries/oct/mayotte_home_en.htm
New Caledonia (coutume): http://www.lexpress.fr/info/region/dossier/caledonie/dossier.asp?ida=462396
PACS Outre-mer: http://annoualle.france.qrd.org/2006/20061114-00.html - http://inter-centres-lgbt.france.qrd.org/11R/11Rcp19.html - http://www.assemblee-nationale.fr/rap-info/i3383.asp#P405_61862 - http://www.assemblee-nationale.net/11//cr-cloi/01-02/c0102009.asp - http://www.homosphere.asso.nc/mambo2/index.php?option=com_content&task=view&id=92&Itemid=45 - http://www.gouv.nc/static/documents/cp/rh/COMMUNIQUE110107.pdf

1 Countries where homosexuality is legal
- 1.1 France
2 Countries where homosexuality is in the process of being legalized
3 Countries where homosexuality is illegal
4 Countries where the status of homosexuality is unclear
5 Notes
6 References

[edit] Countries where homosexuality is legal

Albania (bold) — States with general international recognition
Republic of China (Taiwan) (bold and italic) — States with limited or no international recognition
American Samoa (US) — Dependent territories (with name of governing State between brackets)

Country	Decriminalisation of homosexual acts	Equalisation of age of consent	Prohibition of non-employment discrimination	Prohibition of employment discrimination	Hate crime laws	Registered partnership	Joint adoption	Same-sex marriage
Albania	1995
American Samoa (US)	1980
Andorra	Legal, unclear since when
Anguilla (UK)	2001
Argentina	1886
Armenia	2003
Australia	1975 (first state: South Australia) 1997 (last state: Tasmania)
Austria	1971
Azerbaijan	2000
Bahamas, The The Bahamas	1991
Belarus	1994
Belgium	1795
Bermuda (UK)	1994
Bolivia	Legal, unclear since when
Bosnia and Herzegovina	1998 (Federation of Bosnia and Herzegovina) 2000 (Republika Srpska)
Brazil	1830
Bulgaria	1968
Burkina Faso	Legal, unclear since when
Burundi	Legal, unclear since when
Cambodia	(Never criminalized) ^[1]
Canada	1969	N ^[A]	1977 (1st Canadian provinceprovince in Canada and first 1st-level administrative division in the world sexual orientation included by Quebec in its Charter of Human Rights and Freedoms, making it 1st first-level administrative division in the world to do so) 1995 (sexual orientation included by court decision in the Charter of Rights and Freedoms) 1996 (sexual orientation included in the Human Rights Act)					2003 (first province: Ontario) 2005 (nationwide)
Cape Verde	2004
Cayman Islands (UK)	2001
Central African Republic	Legal, unclear since when
Chad	Legal, unclear since when
Chile	1998
China, People's Republic of People's Republic of China	1993 ^[B]
China, Republic of Republic of China (Taiwan) ^[C]	(Never criminalized) ^[1]
Christmas Island (Australia)	Legal, unclear since when
Cocos (Keeling) Islands (Australia)	Legal, unclear since when
Colombia	1981
Comoros	Legal, unclear since when
Congo, Republic of the Republic of the Congo	Legal, unclear since when
Costa Rica	1971 ^[D]
Cote d'Ivoire Côte d'Ivoire	Legal, unclear since when
Croatia	1977
Cuba	1979
Cyprus	1998
Czech Republic	1962
Denmark	1933
Dominican Republic	Legal, unclear since when
Ecuador	1997
El Salvador	Legal, unclear since when
Equatorial Guinea	Legal, unclear since when
Estonia	1992
Fiji	2005
Finland	1971
Gabon	Legal, unclear since when
Georgia	2000
Germany	1968 (East Germany) 1969 (West Germany)
Gibraltar (UK)	1993
Greece	1951
Guam (US)	1978
Guatemala	1871
Guernsey (British Crown)	1983
Haiti	Legal, unclear since when
Honduras	Legal, unclear since when
Hong Kong (PRC)	1991
Hungary	1962
Iceland	1940
Indonesia	7000 Legal ^[E]
Ireland	1993
Isle of Man (British Crown)	1992
Israel	1988
Italy	1890
Japan	1880
Jersey (British Crown)	1990
Jordan	1960
Kazakhstan	1998
Korea, North North Korea	Legal, unclear since when
Korea, South South Korea	Legal, unclear since when
Kyrgyzstan	1998
Laos	(Never criminalized) ^[1]
Latvia	1992
Liechtenstein	1989
Lithuania	1993
Luxembourg	1795
Macau (PRC)	(Never criminalized) ^[1]
Macedonia	1996
Madagascar	Legal, unclear since when
Mali	Legal, unclear since when
Malta	1973
Marshall Islands	2004 ^[2]
Mexico	1871
Micronesia	Legal, unclear since when
Moldova	1995
Monaco	1793
Montenegro	1977
Montserrat (UK)	2001
Netherlands	1811
Netherlands Antilles (Netherlands)	Legal, unclear since when
New Zealand	1986
Nicaragua	2008 ^[3]
Niger	Legal, unclear since when
Norfolk Island (Australia)	1993
Northern Mariana Islands (US)	1983
Norway	1972
Panama	Legal, unclear since when
Paraguay	Legal, unclear since when
Peru	1924
Philippines	Legal, unclear since when
Poland	1932
Portugal	1983
Puerto Rico (US)	2005
Romania	1996
Russia	1993
Rwanda	Legal, unclear since when
San Marino	1865
Serbia	1994
Slovakia	1962
Slovenia	1977
South Africa	1998
Spain	1979
Suriname	Legal, unclear since when
Sweden	1944
Switzerland	1942
Tajikistan	1998
Thailand	1957
Timor-Leste	Legal, unclear since when
Turkey	1858
Turks and Caicos Islands (UK)	2001
Ukraine	1991
United Kingdom	1967 (England & Wales) 1980 (Scotland) 1982 (Northern Ireland)
United States	1962 (first state: Illinois) 2003 (nationwide)
Uruguay	1934
Vanuatu	Legal, unclear since when
Venezuela	Legal, unclear since when
Vietnam	(Never criminalized) ^[1]
Virgin Islands (UK)	2001
Virgin Islands (US)	1985
Vatican City ^[F]	Homosexuality technically legal but de facto forbidden ^[G]	De facto unequal age of consent because, unlike heterosexuals, "homosexual persons are called to chastity" (CCC, n.2359) ^[4]	"Every sign of unjust discrimination in [regard to homosexuals] should be avoided" (CCC, n.2358) ^[4]	Homosexuals are barred from priesthood ^[H]	The Church's pastors must condemn "violent malice in speech or in action [that targets homosexuals] wherever it occurs" ^[5]	Registration is unnecessary since "cohabiting homosexual persons [...] can always make use of the provisions of law [...] to protect their rights in matters of common interest" ^[6]	"Allowing children to be adopted by persons living in [same-sex] unions would actually mean doing violence to these children" ^[6]	"Not even in a remote analogous sense do homosexual unions fulfil the purpose for which marriage and family deserve specific categorical recognition" ^[6]

[edit] France

Country	Decriminalization of homosexual acts	Equalisation of age of consent	Same-sex marriage
France	1791	1982 ^[B1]	No (debated)
French Polynesia (France)	(never criminalized) ^[A1]	1983 ^[B2]	No
Mayotte (France)	? ^[A2]	Unclear ^[C]	No
New Caledonia (France)	? ^[A3]	1983 ^[B3]	No
Saint Barthélemy (France)	? ^[A4]	1982 ^[B4]	No
Saint Martin (France)	? ^[A5]	1982 ^[B5]	No
Saint Pierre and Miquelon (France)	? ^[A6]	1982 ^[B6]	No
Wallis and Futuna (France)	? ^[A7]	1983 ^[B7]	No

A¹ ² ³ ⁴ ⁵ ⁶ ⁷ : France has extensive LGBT legislation. Its applicability in France's six overseas collectivities (French Polynesia, Mayotte, Saint Barthélemy, Saint Martin, Saint Pierre and Miquelon, Wallis and Futuna) as well as in New Caledonia is a very complex issue. France decriminalized homosexual acts with the adoption of the Penal Code of 1791. None of the aforementioned territories were French possessions at the time, with the exception of Saint Martin and Saint Pierre and Miquelon. It is not clear whether the Penal Code of 1791 extended to these colonial islands. Homosexuality is currently legal in French Polynesia, which never established sodomy laws.^[1] It is also known to be legal in New Caledonia,^[7] and is presumed legal in France's other overseas collectivities due to the 1982 Law on the decriminalization of homosexual acts with minors and the recent enactment of anti-discrimination legislation.

B¹ ² ³ ⁴ ⁵ ⁶ ⁷ : France equalised the age of consent in 1982 with the adoption of the Law on the decriminalization of homosexual acts with minors, which abrogated Article 331 (alinea 2) of the Penal Code.[1] Pursuant to Article 73 of the French Constitution, which establishes the principle of so-called identité législative (whereby "in the overseas departments and regions, statutes and regulations shall be automatically applicable"),[2] the law automatically extended to Saint Barthélemy and Saint Martin (both of which were communes of the overseas department of Guadeloupe until 2007), as well as to Saint Pierre and Miquelon (an overseas department from 1976 till 1985). In 1983, another law explicitly extended the abrogation of Article 331 (alinea 2) of the Penal Code to the overseas territories of French Polynesia, New Caledonia and Wallis and Futuna.[3]

C^ : Mayotte, currently a departmental collectivity of France, had a provisional sui generis status from 1976 till 2001, whereby new laws had to include an express mention of Mayotte in order to be applicable there.[4] Mayotte was not mentioned in the 1982 Law on the decriminalization of homosexual acts with minors nor in the 1983 law extending its application to overseas territories. Therefore, the age of consent was not equalised in Mayotte in 1982-83, unlike the rest of overseas France. However, it should be noted that Article 227-25 of the French Penal Code currently fixes the age of consent at 15, regardless of sexual orientation. The Article is Part of Book II of the Penal Code, which is applicable to Mayotte as stated by Article 721-1 of the same code.[5] Therefore, the date at which the age of consent was equalised in Mayotte remains unclear.

In 1942, the France government set up to 21, the age of consent for homosexual acts (while that for heterosexual acts remained at 13) under sub-article 331.3 of the Penal Code. It also added prohibition of "cause a public nuisance" defined as "lewd or unnatural act between individuals of same sex" (no such prohibition for heterosexuals). France extended those laws to its colonial territories. For example:

In I944 a native French penal code was enacted for French Africa. Native courts lost their customary criminal jurisdiction. French Equatorial Africa was the federation of four French colonial territories in Africa: Middle Congo (now the Republic of the Congo), Oubangui-Chari (or Ubangi-Shari, now the Central African Republic) and Chad.

In 1947 a native French penal code was enacted for the Federation of French West Africa. Sub-article 331.3 of the Penal Code of the Federation of French West Africa, allowed a maximum imprisonment of three years and a fine of one million francs for sexual acts with a person of the same sex under the age of 21. French West Africa was a federation of eight French colonial territories in Africa: Mauritania, Senegal, French Sudan (now Mali), French Guinea (now Guinea), Côte d'Ivoire, Niger, Upper Volta (now Burkina Faso) and Dahomey (now Benin)

Since that time, old French laws still exists in those (and others) countries. Most of them revised those laws. Mauritania for example introduced in 1983 a new penal code based on Islamic Sharia Law prescribing death penalty for homosexuality. On the other hand, Mali for example revised article on causing a public nuisance making it sexually neutral (for both hetero- and homosexual acts in public) and equalised age of consent under adopted new penal code in 1961.

[edit] Countries where homosexuality is in the process of being legalized

Northern Cyprus [6] [7] [8]

[edit] Countries where homosexuality is illegal

Country	Status of male-male sex	Status of female-female sex	Minimal penalty	Maximal penalty	Type of offence explicitly prohibited by the law	Legal text
Afghanistan	Prohibited
Algeria	Prohibited
Angola	Prohibited
Antigua and Barbuda	Prohibited
Bahrain	Prohibited	Legal
Bangladesh	Prohibited	Legal
Barbados	Prohibited
Belize	Prohibited
Benin	Prohibited
Bhutan	Prohibited
Botswana	Prohibited
Brunei	Prohibited	Legal
Cameroon	Prohibited
Congo, Democratic Republic of the Democratic Republic of the Congo	Not illegal as such		Penal servitude of 3 months + Fine of 50 zaïres	Penal servitude of 5 years + Fine of 1000 zaïres	"Facilitating or favouring [...] the debauchery or corruption of persons of either sex"	Penal Code of 1940 (Article 172) ^[8]
Cook Islands (New Zealand)	Prohibited	Legal
Djibouti	Prohibited
Dominica	Prohibited
Egypt	Not illegal as such
Eritrea	Prohibited
Ethiopia	Prohibited
Gambia, The The Gambia	Prohibited	Legal
Ghana	Prohibited	Legal
Grenada	Prohibited	Legal
Guinea	Prohibited
Guinea-Bissau	Prohibited
Guyana	Prohibited	Legal
India	Prohibited	Legal
Iran	Prohibited
Jamaica	Prohibited	Legal
Kenya	Prohibited	Legal
Kiribati	Prohibited	Legal
Kuwait	Prohibited	Legal
Lebanon	Prohibited
Lesotho	Prohibited	Legal
Liberia	Prohibited
Libya	Prohibited
Malawi	Prohibited	Legal
Malaysia	Prohibited	Legal
Maldives	Prohibited
Mauritania	Prohibited
Mauritius	Prohibited	Legal
Morocco	Prohibited
Mozambique	Prohibited
Myanmar	Prohibited	Legal
Namibia	Prohibited	Legal
Nauru	Prohibited	Legal
Nepal	Prohibited
Nigeria	Prohibited	Legal
Niue (New Zealand)	Prohibited	Legal
Oman	Prohibited
Pakistan	Prohibited	Legal
Palau	Prohibited	Legal
Panama	Prohibited
Papua New Guinea	Prohibited	Legal
Qatar	Prohibited
Saint Kitts and Nevis	Prohibited	Legal
Saint Lucia	Prohibited
Saint Vincent and the Grenadines	Prohibited
Samoa	Prohibited	Legal
Sao Tome and Principe São Tomé and Príncipe	Prohibited
Saudi Arabia	Prohibited
Senegal	Prohibited
Seychelles	Prohibited	Legal
Sierra Leone	Prohibited	Legal
Singapore	Prohibited	Legal
Solomon Islands	Prohibited
Somalia	Prohibited
Sri Lanka	Prohibited
Sudan	Prohibited
Swaziland	Prohibited	Unclear
Syria	Prohibited	Unclear
Tanzania	Prohibited	Legal
Togo	Prohibited
Tokelau (New Zealand)	Prohibited	Legal
Tonga	Prohibited	Legal
Trinidad and Tobago	Prohibited
Tunisia	Prohibited
Turkmenistan	Prohibited	Legal
Tuvalu	Prohibited	Legal
Uganda	Prohibited
United Arab Emirates	Prohibited
Uzbekistan	Prohibited	Legal
Yemen	Prohibited
Zambia	Prohibited	Legal
Zimbabwe	Prohibited	Legal

[edit] Countries where the status of homosexuality is unclear

Country	Notes
Abkhazia	Abkhazia is a de facto independent state inside the de jure territory of Georgia, diplomatically recognized by no UN member states. Until 2007, the de facto criminal code in Abkhazia was the Criminal Code of the former Soviet Socialist Republic of Georgia of 1961, with some changes and amendments.^[9] In its original form, the code criminalized sodomy, something which the criminal codes of all fifteen Soviet republics did.^[10] However, Abkhazia has recently adopted a new Penal Code, which came into operation on June 1, 2007.^[11] It is not known whether this new code criminalizes sodomy or not.
Iraq
Mongolia

Other Countries (cited):
Palestine (West Bank)
Palestine (Gaza)

Other Countries (non cited):
Akrotiri and Dhekelia
Aland
Aruba
Ascension Island
Falkland Islands
Faroe Islands
Greenland
Kosovo
Nagorno-Karabakh
Pitcairn
Transnistria
Saint Helena
Somaliland
South Ossetia
Svalbard
Tristan da Cunha
Western Sahara

[edit] Notes

A^ : In Canada Section 159 of the Criminal Code makes anal intercourse a criminal offence, except when it takes place between husband and wife or between consenting adults over the age of 18. The age of consent to other forms of sexual activity is 14. Since 1995, a number of Canadian courts have found this provision discriminatory under the Charter, either on the basis of sexual orientation and age (Halm v. Canada), on the basis of age alone (R. v. M.(C.)), or on the basis of sexual orientation, age and marital status (R. c. Roy). To date, section 159 has not been amended.[9]

B^ : The People's Republic of China's 1979 Penal Code classified homosexual acts as "hooliganism". In 1993 the Ministry of Public Security issued a directive that homosexuals would not be charged against the "hooliganism paragraph" anymore. The paragraph was later repealed in 1997.

C^ : The Republic of China (ROC) is a state commonly referred to as Taiwan. It is also diplomatically occasionally known as Chinese Taipei or other names. The ROC is no longer an United Nations member since late 1971 and regarded by UN as Taiwan, Province of China (see also One-China policy and Taiwan Province, People's Republic of China). It is currently recognized by the Holy See and 23 UN member states and with de facto international relations with most others. The political status of the ROC and the legal status of Taiwan (alongside the territories currently under the ROC jurisdiction) are in dispute. The ROC should not be confused with the Republic of Taiwan proposed by supporters of Taiwan independence.

D^ : In Costa Rica homosexual acts were decriminalized in 1971. However, Article 382 of the Penal Code imposes from two to thirty days fines on whomever "practices sodomy in a scandalous form".^[12] It is unclear what is meant by the term "scandalous", although it could possibly refer to public or commercial sodomy.

E^ : Aceh

F^ : The Vatican City is a theocratic city-state ruled by the Pope. Because of this unique situation, the status of homosexuality in the Vatican City is intrinsically linked to the Roman Catholic Church's theological position on homosexuality. It should be noted that the Vatican's stance on homosexuality has an impact that stretches far beyond the small territory of the Vatican City itself, and can directly affect the legislative status of homosexuality in numerous Catholic countries such as Poland or the Philippines.^[13]^[14]

G^ : In the Vatican City, homosexuality is "technically legal but de facto forbidden", according to a 2006 report by Amnesty International.^[15] The Vatican City has a legal system based on the Code of Canon Law and revisions to it. The Code does not include any reference whatsoever to homosexuality and does not contain any kind of anti-sodomy provision. Therefore, from a strictly legal point of view, homosexual acts are not banned nor punished in the Vatican City. However, from a theological point of view, they are firmly condemned in the Catechism of the Catholic Church (CCC). The latter makes a distinction between "homosexual acts" and "homosexual tendencies". Regarding homosexual acts, the Catechism states that "basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity, tradition has always declared that "homosexual acts are intrinsically disordered." They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved." (CCC, n.2357).^[4] As for homosexual tendencies, the Catechism states that "the number of men and women who have deep-seated homosexual tendencies is not negligible. They do not choose their homosexual condition; for most of them it is a trial. They must be accepted with respect, compassion, and sensitivity." (CCC, n.2358).^[4]

H^ : Homosexuals barred from priesthood. ^[16]