2023 in review: the new laws affecting LGBTI communities worldwide
Summary
As the curtains draw on the tumultuous world stage of 2023, we reflect upon a year of unprecedented intensity marked by monumental strides and considerable setbacks. In this briefing note, ILGA World invites our readers to embark on a retrospective journey through the legal landscapes that have shaped the rights of lesbianadjective/noun to describe a woman whose enduring physical, romantic, and/or emotional attraction is to other women. Women and non-binary people may use this term to describe themselves., gayadjective to describe people whose enduring physical, romantic, and/ or emotional
attractions are to people of the same gender. Men, women and non-binary people may use this
term to describe themselves., bisexualadjective used to describe a person who has the capacity to form enduring physical, romantic, and/ or emotional attractions to those of the same gender or to those of other genders., transadjective/umbrella term to describe a person whose gender identity does not match the sex they were assigned at birth., and intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. (LGBTIacronym for lesbian, gay, bisexual, trans and intersex people. Although this is not the acronym available to describe people of diverse sexual orientations, gender identities and expressions, and sex characteristics, it is the most commonly used in United Nations spaces and advocacy.) communities in 2023. This note will focus on the legal developments regarding the criminalisation of consensual same-sex sexual acts.
Criminalisation of consensual same-sex sexual acts
The global trend towards decriminalisation of consensual same-sex sexual acts continued in 2023 with the addition of two UN Member States to the list of countries that repealed their criminalising provisions. Legislative advancements were observed in Singapore, while in Mauritius, it was the Supreme Court that rendered a decision in favour of decriminalisation. Consequently, the tally of UN Member States retaining criminalising provisions diminished from 65 to 63. The Cook Islands, an affiliated territory of New Zealand, similarly revoked its sodomy provisions, and one UN Member State (Venezuela) put an end to the criminalisation of consensual same-sex sexual acts within its military forces. Additionally, efforts to decriminalise were monitored in at least 3 UN Member States (Sri Lanka, Lebanon, and Namibia).
Notwithstanding these positive developments, a significant setback occurred when Uganda joined the list of UN Member States imposing the death penalty for consensual same-sex sexual acts. As demonstrated in ILGA World’s latest publication, “Our Identities under Arrest”, these provisions are far from dormant, and they have been actively applied in 2023 to arrest, prosecute and sentence people of diverse SOGIEabbreviation standing for sexual orientation, gender identity and expression. in more than 60 countries. Furthermore, ILGA World monitored numerous regressive legislative initiatives, debates, and deliberations, within the Middle East and African regions, particularly in Bahrein, Ghana, Iraq, Kenya, Niger, and Tanzania. Of particular concern are bills with expansive scopes that extend beyond criminalising sexual acts to encompass the very identification as LGBT (Ghana) and others proposing heightened penalties, including the imposition of the death penalty (Iraq). In 2023, multiple judicial proceedings and rulings were centred on the issue of criminalisation of consensual same-sex sexual acts. Regrettably, a substantial proportion of these cases yielded unfavourable outcomes, with some still pending resolution.
Freedom of expression
Legal debates around freedom of expression regarding sexual and genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. diversity have become a critical battleground for our quest for equality. On a global scale, 2023 was marked by a considerable number of regressive initiatives, with a proliferation of bills and policies across various regions. Even though there is a notable overlap, these initiatives are extending well beyond criminalisation jurisdictions, including North and South America, as well as Europe. These measures target a spectrum of issues, including genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. nonconformity, public advocacy, media regulations, school curricula, and even rainbow symbolism. These measures are often presented as efforts to protect children from “depravity” or to safeguard “family values” and to combat the so-called “promotion” of homosexuality or the LGBT agenda. These arguments, discussions, and implemented measures constitute a significant dimension within the contemporary legal discourse, which is highly relevant to our advocacy work at the local and international levels.
By the close of 2023, no fewer than 54 UN Member States maintained legal barriers to freedom of expression, explicitly or implicitly engaging with matters related to sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender., gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth., gender expressionrefers to how a person presents their gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioural patterns, names and personal references., and sex characteristicsa term that refers to physical features relating to sex - including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty.. While there were limited instances of positive legislative actions, the prevailing overall trend in 2023 was the consideration or effective implementation of new formal barriers coupled with the enforcement of existing regulations. Significantly, novel regulations and coordinated initiatives aimed at restricting SOGIESCabbreviation standing for sexual orientation and gender identity & expression, and sex characteristics. issues in the media were identified in at least five UN Member States. Moreover, ILGA World documented new efforts to systematically exclude content concerning sexual and genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. diversity from educational settings and libraries, either by law or policy, in at least nine UN Member States. Additionally, new instances of authorities confiscating or investigating rainbow-coloured items were recorded in at least five different UN Member States in 2023, with such actions being prompted by a belief that these objects were employed to “promote homosexuality.”
Freedom of association
The fundamental principle of freedom of association, particularly for civil society organisations dedicated to addressing issues of sexual, genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex., and bodily diversity, has faced escalating constraints in recent years. As of the conclusion of 2023, no fewer than 58 UN Member States have retained provisions with legal barriers to the formal registration and effective operation of LGBT organisations. In 2023, there were two noteworthy victories in the advancement of freedom of association in Kenya and in Eswatini, albeit met with localised resistance. Notably, much of this progress was achieved through litigation before the courts rather than legislative channels.
The majority of developments documented within this category predominantly manifest as negative measures, further constraining or impeding the existence of a space wherein civil society organisations can actively work towards advancing equality. These measures are compounded by the restrictions on the right to freedom of expression detailed above.
Protection from discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others.
ILGA World systematically monitors legal protections against discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others. related to sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender., gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth., gender expressionrefers to how a person presents their gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioural patterns, names and personal references., and sex characteristicsa term that refers to physical features relating to sex - including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty. across specific domains: (1) constitutional protection, (2) goods and services, (3) healthcare, (4) education, (5) employment, and (6) housing. As of the conclusion of 2023, constitutional protection based on “sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender.” is provided by 12 UN Member States, while 77 countries extend some form of employment discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others. protection on this basis. Notably, protections based on “gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth.” are comparatively less prevalent, with 46 UN Member States offering such employment protection. Protections for “gender expressionrefers to how a person presents their gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioural patterns, names and personal references.” and “sex characteristicsa term that refers to physical features relating to sex - including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty.” exhibit the lowest prevalence, with 20 and 18 UN Member States, respectively, providing employment protection based on these grounds.
Antidiscrimination protections, spanning diverse domains and encompassing various grounds, were enacted in at least seven UN Member States: Bulgaria, Cuba, Japan, Moldova, Spain, the Netherlands, and Colombia (via a decision of the Constitutional Court). Moreover, in six UN Member States, bills were introduced with the intent of expanding discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others. protections, potentially to be adopted in 2024. However, efforts to backtrack protections and concrete instances of regression were also observed in some jurisdictions, particularly in Georgia, the Community of Madrid (Spain), the United Kingdom, and the United States.
Hate crimeoffences that are motivated by hate or bias against a particular group of people. This could be based on gender, sexual orientation, gender identity and expression, or sex characteristics amongst others. laws
These provisions establish standalone criminal offences explicitly targeting harm inflicted due to the victim’s sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender., gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth., gender expressionrefers to how a person presents their gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioural patterns, names and personal references., or sex characteristicsa term that refers to physical features relating to sex - including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty. and introduce legal measures granting the judiciary the authority to enhance penalties when the crime is motivated by these attributes. These enhancements, commonly known as “aggravating circumstances”, can be applied to specific crimes like murder and assault or extend broadly to encompass all offences outlined in a Penal Code.
In 2023, there was limited progress in this category, with only one UN Member State joining the list of countries with hate crimeoffences that are motivated by hate or bias against a particular group of people. This could be based on gender, sexual orientation, gender identity and expression, or sex characteristics amongst others. laws (Bulgaria). Notably, this addition pertained specifically to crimes motivated by “sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender.”. Additionally, the US territory of the Northern Mariana Islands adopted a new hate crimeoffences that are motivated by hate or bias against a particular group of people. This could be based on gender, sexual orientation, gender identity and expression, or sex characteristics amongst others. law for crimes motivated by SOGIEabbreviation standing for sexual orientation, gender identity and expression.. At present, at least two jurisdictions (South Africa and Queensland, Australia) are actively deliberating on bills aimed at addressing hate crimes.
Hate speechany kind of communication in speech, writing or behaviour that attacks or uses
pejorative or discriminatory language with reference to a person or a group on the basis of who
they are – including on the grounds of their gender, sexual orientation, gender identity and
expression, or sex characteristics amongst others. / Incitement to violence, hatred, or discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others.
Laws addressing the incitement of hatred, violence, or discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others. exhibit significant diversity in both language and scope. Some statutes explicitly focus on “hate speechany kind of communication in speech, writing or behaviour that attacks or uses
pejorative or discriminatory language with reference to a person or a group on the basis of who
they are – including on the grounds of their gender, sexual orientation, gender identity and
expression, or sex characteristics amongst others.” or language directly inciting violence, while others employ a more comprehensive set of terms, such as vilification, debasement, or humiliation of specific social groups, either through overarching legislation or specific statutes regulating broadcasting services. Noteworthy developments were relatively sparse for this category, with major strides observed in only two UN Member States (Bulgaria and Brazil), each with distinct scopes of protection. Additionally, two UN Member States are presently in the process of considering bills on the matter.
Regulation of so-called “conversion therapy”pseudo-scientific and harmful practices used to attempt altering a person’s gender expression, gender identity or sexual orientation, based upon the wrong assumptions that any diversity is intrinsically disordered and can/should be changed.
The term “conversion therapy”pseudo-scientific and harmful practices used to attempt altering a person’s gender expression, gender identity or sexual orientation, based upon the wrong assumptions that any diversity is intrinsically disordered and can/should be changed. serves as the umbrella term for any sustained effort aimed at altering a person’s sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender., gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth., or gender expressionrefers to how a person presents their gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioural patterns, names and personal references.. For additional information on the emerging legal debates and discussions, read ILGA World’s report “Curbing Deception”. Encouragingly, in 2023, three UN member states—Cyprus, Iceland, and Spain—successfully enacted legislation to curtail these unscientific and harmful practices at the national level, elevating the total of UN Member States with nationwide regulations to 13, an increase from the 10 recorded in 2022. Moreover, more regulations were instituted at the subnational level in the United States and Mexico, further contributing to this positive trajectory. The favourable trend persisted, with at least eight UN Member States discussing bills regulating “conversion therapies” during 2023.
Same-sex marriage and civil unions
In 2023, a persistent trend of legalising same-sex marriage and other forms of civil unions continued, with four UN Member States—Andorra, Estonia, Nepal, and Slovenia—joining the list of countries where same-sex marriage is now legal. The addition of four nations to this list is relatively uncommon, having occurred only in 2013 and 2017 prior to this instance. Furthermore, Bolivia made strides by allowing same-sex civil unions, and progress at the subnational level continued in Japan, with more prefectures legalising same-sex civil partnerships. Throughout 2023, ILGA World monitored bills for same-sex marriage and the recognition of registered partnerships and civil unions in at least eight UN Member States.
However, less encouraging developments emerged from four other UN Member States—India, Lithuania, Panama, and Suriname—where judicial claims for same-sex marriage were rejected. Notably, Namibia stood outbeing open about their diverse sexual orientation, gender identity, gender expression, or sex characteristics. as a particular case where a positive court decision on the matter triggered a substantial backlash, ultimately leading to the introduction and approval of regressive bills. Finally, in at least one jurisdiction, the British Virgin Islands (United Kingdom), the initiative to hold a referendum on same-sex marriage appears to be progressing.
Adoption by same-sex couples
Several states and jurisdictions have recognised the human right of same-sex couples to establish a family, enacting laws that allow them to adopt children. Two UN Members—Liechtenstein and Estonia—along with the non-UN Member Taiwan passed legislation affirming the right of same-sex couples to jointly adopt children in 2023. However, regressive policies, bills, and laws related to adoption were identified and monitored in several UN Member States.
Restrictions on interventions on intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. minors
In recent years, informed debates regarding surgical interventions on intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. minors have garnered increased attention. However, these medically unnecessary and non-consensual interventions remain legal in the vast majority of UN Member States worldwide. In 2023, Spain emerged as the sole new UN Member that enacted protections at the national level. Additionally, the Australian Capital Territory made history by becoming the first subnational jurisdiction in the country to pass legislation safeguarding the human rights of intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. individuals and deferring irreversible and non-urgent medical procedures until individuals are old enough to make their own decisions.
Furthermore, in 2023, bills aimed at restricting interventions on intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. minors were introduced before legislatures in at least three UN Member States. Simultaneously, regressive legal developments were tracked in at least three other UN Member States. By the close of 2023, only 8 UN Member States had progressive measures on this matter, with two more countries imposing restrictions in at least one subnational jurisdiction.
Legal gender recognitionlaws, administrative procedures or processes by which a person can change their sex/gender marker and names on official identity documents.
In 2023, several UN Member States saw significant advances in legal gender recognitionlaws, administrative procedures or processes by which a person can change their sex/gender marker and names on official identity documents. (LGR), ensuring positive steps towards the full participation of transadjective/umbrella term to describe a person whose gender identity does not match the sex they were assigned at birth. and gender-diverse persons in society. Three UN member states—Spain, Finland, and New Zealand—enacted legislation allowing genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. marker change based on self-identification. Additionally, in continuing this positive trend, 8 different jurisdictions saw progress in laws, policies, or judicial decisions, effectively removing mandatory surgical requirements to amend genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. markers on IDs. Legislative attempts to allow for LGR based on self-determination or with simplified requirements and procedures were also monitored in at least 6 different jurisdictions.
In contrast to these positive developments, several UN member states have introduced legal measures to restrict or outlaw legal gender recognitionlaws, administrative procedures or processes by which a person can change their sex/gender marker and names on official identity documents. throughout 2023. By the end of 2023, there were at least 22 UN Member States where LGR is based on self-determination. In 16 of these, self-determination is available nationwide, while in four, it is available in some subnational jurisdictions only. Additionally, two more UN Member States offer LGR based on self-determination only for non-binarya person who does not identify exclusively as a man or a woman. While many also identify as trans, not all non-binary people do. Non-binary can also be used as an umbrella term encompassing identities such as agender, bigender, genderqueer or gender-fluid. genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. markers.