Tag Archives: lgbtq

Malawi court dismisses case to legalize same-sex relationships

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Malawi court dismisses case to legalize same-sex relationships

Malawi’s Constitutional Court on Friday dismissed the case of two applicants seeking to legalize same-sex relationships, marking a significant setback for LGBTQ+ rights in the country. The three-member judge panel, consisting of Justices Joseph Chigona, Chimbigzani Kacheche and Vikochi Chima, delivered their ruling after six hours of deliberation.

The judges ruled that the applicants failed to demonstrate that the laws in challenge specifically discriminated against homosexual individuals. The court also maintained that it is the role of the parliament to review and amend these laws if deemed necessary. The court’s decision means that the criminal proceedings against both applicants will continue in the lower courts.

The applicants, Dutch national Jan Willem Akster and Malawian transgender woman Jana Gonani, challenged the constitutionality of sections 153, 154 and 156 of Malawi’s Penal Code. These provisions criminalize “indecent practices between males” and “unnatural offenses,” carrying penalties of up to 14 years in prison. The applicants argued that these laws violate their rights to privacy and dignity as enshrined in the Malawian Constitution and international human rights law. They therefore sought to have the court declare the penal code provisions unconstitutional, citing discrimination and persecution of LGBTQ+ individuals in Malawi.

Gonani initially challenged her conviction in February 2022 with support from the Nyasa Rainbow Alliance, a Malawian LGBTQ+ rights organization. She was arrested in September 2021 in Mongochi after an altercation and was subjected to a genital examination by a male officer before being placed in a male holding cell. On December 23, 2021, she was convicted under colonial-era laws and sentenced to eight years in Blantyre Prison, one of Malawi’s most overcrowded men’s prisons.

Reacting to the judgment, Gonani’s lawyer Bob Chimkango expressed disappointment but acknowledged the court’s position. He stated, “We will review the judgment and advise our client on whether to appeal.”

Amnesty International and other human rights organizations have condemned the ruling. Amnesty International’s Deputy Regional Director for East and Southern Africa Khanyo Farise described the decision as a “bitter setback for human rights in Malawi.” Farise emphasized that the ruling contradicts Malawi’s constitution, the African Charter and international human rights law, all of which prohibit discrimination.

Farise stated, “The court’s refusal to overturn these laws means LGBTQ+ persons in Malawi will continue to face discrimination and persecution simply for who they love … This ruling translates to continued barriers in access to healthcare and other social services for LGBTQ+ persons.”

The ruling has drawn attention to the precarious situation of LGBTQ+ individuals in Malawi. The Nyasa Rainbow Alliance has reported increasing threats and abuse, including a raid on their offices in June 2023. The international community has also expressed concern, particularly as Malawi’s decision contrasts sharply with recent progressive rulings in other African nations such as Namibia’s decriminalization of homosexuality earlier this month.

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Turkey’s top court rules in favor of LGBT activist in landmark hate speech case

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Turkey’s top court rules in favor of LGBT activist in landmark hate speech case

Turkey’s Constitutional Court has ruled in favor of a LGBT activist, declaring that a lower court’s refusal to block homophobic content targeting her was a violation of her rights, the Stockholm Center for Freedom reported.

Efruz Kaya, a civil society employee represented by the Media and Law Studies Association (MLSA), had requested an access ban on homophobic news reports published after she appeared in a video for “Trans Day of Remembrance” week in November 2019. Her requests were denied by a penal court of peace, prompting her to appeal to the top court.

The decision is the first of its kind from the Constitutional Court regarding the failure to prevent hate speech against LGBT individuals.

The ruling acknowledges that the rejection of Kaya’s request for an access ban infringed on her rights protected under Article 8 of the European Convention on Human Rights, which ensures respect for private and family life.

The court also concluded that her right to an effective remedy was violated, meaning she was not provided with an adequate legal resolution or recourse to address the harm she suffered.

In November 2019 Kaya participated in a “Trans Day of Remembrance” video. On November 21 and 22 the Yeni Akit, Doğru Haber and İlke news outlets published articles targeting Kaya’s sexual identity. Her request for the removal of these articles was rejected, and subsequent appeals by MLSA lawyers were also dismissed.

The top court approved Kaya’s request to block access to news reports containing derogatory terms such as “LGBT pervert” and “homosexual deviant.” Additionally, the court awarded Kaya TL 10,000 ($310) in non-pecuniary damages.

Homosexuality is not illegal in Turkey, but homophobia is widespread. While there are no official figures, Turkey has slid down the LGBT rights index published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). Last year, it was ranked 47th out of the 49 countries ILGA lists in its Eurasia region.

The increase in hateful rhetoric against LGBT communities in Turkey coincided with President Recep Tayyip Erdoğan’s electoral alliances in recent years with ultranationalist and ultraconservative political factions.

More: https://turkishminute.com/2024/06/04/turkey-top-court-ruled-in-favor-of-lgbt-activist-in-landmark-hate-speech-case/

UN rights office denounces ‘horrendous’ attack on Tanzania transgender activist

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UN rights office denounces ‘horrendous’ attack on Tanzania transgender activist

The United Nations Human Rights Office condemned an attack against transgender woman and activist Mauzinde in Tanzania on Friday, calling it “horrendous.”

Mauzinde, a resident of Rahaleo, was found abandoned in the forest, beaten and with her ears cut. The UN Human Rights office said that she had been “tortured & sexually assaulted by 12 men” and called for “bold action to combat discrimination against #LGBTIQ+ people and other minorities.”

The attack could be a violation of Mauzinde’s rights under international and Tanzanian law. Article 2 of the International Covenant on Civil and Political Rights mandates that “each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind,” such as sex or other status. Furthermore, Principle 2 of the Yogyakarta Principles stipulates that everyone is entitled to enjoy all human rights without discrimination on the basis of sexual orientation or gender identity. Principle 5 also emphasizes that everyone “has the right to security of the person and to protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual or group.”

Additionally, according to Article 13 of the Constitution of the United Republic of Tanzania, “all persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.”

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