history | International and Comparative SOGIESC Law – Professor Andreas R Ziegler

Colombia urged to close gap between LGBT rights laws and lived realities amid rising violence

While Colombia has made notable progress in protecting the rights of lesbian, gay, bisexual, transgender and gender-diverse (LGBT) individuals, the country must urgently address widespread discrimination and violence still faced by these communities, a UN human rights expert has warned Friday.

The UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Graeme Reid, concluded a fact-finding mission across multiple Colombian cities. In his statement, Reid praised the government’s commitment to equality and its legal reforms, but emphasized the stark disconnect between institutional progress and the daily lived experiences of LGBT individuals.

“Despite these positive developments, many LGBT people continue to experience discrimination and violence in their daily lives,” Reid said. “This is particularly acute for trans women and for those who face intersecting forms of marginalization as migrants, Indigenous persons, youth, or persons with disabilities.”

Reid’s visit comes at a time when other international bodies are raising serious concerns about the broader human rights situation in Colombia. A recent report from the UN Committee on Enforced Disappearances revealed that enforced disappearances remain a systemic issue—especially in regions under the control of illegal armed groups—often affecting migrants, activists, and community leaders, including LGBT advocates.

Similarly, a November 2024 report by ABColombia and Colombian grassroots organizations shed light on the disproportionate violence faced by women, girls, and the LGBTQI+ community. The report highlighted how decades of conflict have embedded gender-based violence into everyday life, with Afro-Colombian and Indigenous women particularly affected. It noted the use of extreme cruelty in attacks on LGBT individuals and the alarming number of women human rights defenders killed in recent years.

“Violence against those who stand up for equality—including LGBT advocates—is not only a tragedy but a significant barrier to progress,” Reid said. He underscored the importance of comprehensive data collection, civil society collaboration, and policies that go beyond legislation to address structural inequality and social stigma.

Reid’s full findings will be presented to the UN Human Rights Council in June 2026.

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Japan high court declares denial of same-sex marriage unconstitutional

Japan’s Nagoya High Court ruled on Friday that the country’s lack of legal recognition for same-sex marriage is unconstitutional. This ruling marks the fourth consecutive high court decision to declare the current government policy unconstitutional following similar verdicts in Tokyo, Fukuoka, and Sapporo.

The appellants argued that the current provisions of Japan’s Civil Code and Family Registration Act, which do not recognize same-sex marriage, violate Article 14, Paragraph 1, and Article 24, Paragraph 2 of the Japanese Constitution. The appellants also sought damages of 1 million yen in accordance with Article 1, Paragraph 1 of the State Redress Act, as they were unable to marry due to the government’s failure to take necessary legislative action.

In its ruling in favor of the appellants, the court stated that same-sex relationships have existed naturally even before legal marriage, and that the societal acknowledgment of such personal relationships as legitimate is a vital legal interest tied to personal dignity, extending beyond specific legal frameworks for marriage and family.

Additionally, the court held that same-sex couples face disadvantages in various aspects of social life that cannot be resolved through civil partnership systems. These include housing-related disadvantages, such as restrictions on renting properties; financial institutions refusing to recognize same-sex partners as family members for mortgage applications; and disadvantages in accessing products and services designed for family relationships. However, the court said that although the relevant provisions are unconstitutional, the government’s failure to make legislative changes is not illegal under the State Redress Act.

This large-scale class action lawsuit, dubbed “Freedom of Marriage for All,” involves more than 30 plaintiffs and around 80 lawyers, with six lawsuits filed in five courts nationwide. This is the first class action lawsuit for same-sex marriage, as Japan remains the only Group of Seven (G7) country that has yet to legalize same-sex marriage, despite persistent lobbying from the LGBT community and its supporters.

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