Tag Archives: politics

Japan court reaffirms same-sex marriage ban is unconstitutional

The Tokyo High Court declared Japan’s current policy against same-sex marriage as discriminatory and unconstitutional in a ruling on Wednesday.

The case involved a couple in Tokyo registered as same-sex partners who sought compensation from the government, arguing that laws failing to recognize same-sex marriage violated the Japanese constitution.

Presiding Judge Taniguchi Sonoe emphasized that establishing a legal relationship as spouses for same-sex individuals is fundamental for a fulfilling social life and deserving of equal respect as heterosexual unions. The court delved into the interpretation of “freedom of marriage” under Article 24 of the constitution, addressing the language referencing “both sexes” and “husband and wife.”

The court clarified that these terms do not exclude legal protection for same-sex couples, highlighting the importance of legal recognition for all individuals. By examining provisions in the Civil Code and related laws, the court concluded that denying same-sex marriage rights breached constitutional principles of equality under the law and essential gender equality.

This ruling aligns with a prior landmark decision in 2021, which deemed the government’s stance on same-sex marriage unconstitutional. The Sapporo High Court in March 2024 affirmed the district court decision, being the first High Court in the country to declare the ban explicitly unconstitutional.

Advocacy groups in Japan like the “Freedom of Marriage for All” are now calling on the National Diet, the Japanese parliament, to enact legislation ensuring same-sex marriage rights without delay.

Amnesty International’s East Asia Researcher, Boram Jang, praised the Tokyo High Court’s decision, emphasizing the significance of this step towards marriage equality and the need for comprehensive national legislation to uphold equal rights for all couples in Japan.

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EU states must recognize gender changes obtained in other bloc countries, says top court

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European Union states must recognize gender changes obtained in other bloc countries, says top court

See: https://www.lemonde.fr/en/european-union/article/2024/10/04/eu-states-must-recognize-gender-changes-obtained-in-other-bloc-countries-says-top-court_6728196_156.html

Judgment of the Court (Grand Chamber) of 4 October 2024.
M.-A.A. v Direcţia de Evidenţă a Persoanelor Cluj and Others.
Request for a preliminary ruling from the Judecătoria Sectorului 6 Bucureşti.
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Articles 7 and 45 of the Charter of Fundamental Rights of the European Union – Right to move and reside freely within the territory of the Member States – Union citizen who has lawfully acquired, during the exercise of that right and his residence in another Member State, a change of his first name and gender identity – Obligation on the part of that Member State to recognise and enter in the birth certificate that change of first name and gender identity – National legislation which does not permit such recognition and entry, obliging the party concerned to bring new judicial proceedings for a change of gender identity in the Member State of origin – Effect of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union.
Case C-4/23.

Articles 20 and 21(1) TFEU, read in the light of Articles 7 and 45 of the Charter of Fundamental Rights of the European Union,

must be interpreted as precluding legislation of a Member State that does not permit recognition and entry in the birth certificate of a national of that Member State of a change of first name and gender identity lawfully acquired in another Member State, when exercising the right to free movement and residence, with the consequence that that person is obliged to initiate, before a court, new proceedings for a change of gender identity in the first Member State, which disregard the change that was previously lawfully acquired in that other Member State.

See: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0004

USA: Texas city approves transgender bathroom ban

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Texas city approves transgender bathroom ban

The city council of Odessa, Texas voted this week to approve a ban on transgender individuals’ use of bathrooms on city property that do not correspond with their sex assigned at birth.

Tuesday’s 5-2 vote amends a 1989 ordinance that made it “unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to his or her own…” The new amendments will expand the language to allow prosecution of transgender people for using bathrooms that align with their personal gender identification. Penalties include trespassing charges, fines, and liability for damages, including court costs and legal fees.

Restrooms in city libraries, parks, airports, and other government facilities are subject to the ban under the new language which includes, urinals, toilets, showers, and changing areas in the definition of restroom.

The Texas chapter of the American Civil Liberties Union condemned the new ordinance, calling it “shameful” while a spokesperson from PFLAG, an LGBTQ+ advocacy group, called the legislation “unnecessary” and “a complete waste of the city’s time, money, and resources.”

Texas Values president Jonathan Saenz who advocated for the bill insisted that the ordinance was needed align the language of the ordinance with “our current culture” while denouncing changes toward “long held beliefs” on gender and sex.

The bill includes exceptions for minors under the age of 12 accompanying an adult into a restroom for normal use, law enforcement, emergency medical aid, and custodial maintenance or repair.

Transgender rights have faced increasing restrictions in the Lone Star state with the Texas Supreme Court recently upholding a ban on gender affirming care for transgender youth. There are now fears that the Odessa bill could presage a statewide ban on the transgender people’s use of restrooms that align with their gender identity.

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Georgia signs bill protecting family values, minors from LGBT and homosexual influences

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Georgia signs bill protecting family values, minors from LGBT and homosexual influences

Speaker of the Republic of Georgia’s parliament Shalva Papuashvili announced on Thursday that he signed into law a bill aimed at protecting family values and minors from LGBT and homosexual influences, according to local media.

The legislation stated that Georgia recognizes family values of the union of a man and a woman, which are strengthened by the constitutional agreement of the Apostolic Autocephalous Orthodox Church of Georgia and the State of Georgia. While the legislation said that there are foreign legislations that recognize and allow the marriage of same-sex individuals, it stated that these practices ignore the best interests of minors and would be incompatible with the Code of Children’s Rights and several other legal acts aimed at defending children.

The law defined marriage as the union of one genetic man and woman and prohibited medical intervention in sex change operations. It also disallowed official documents from not stating the genetic sex of the identity holder and criminalized gatherings that aimed to promote homosexual marriage.

While the European Commission for Democracy through Law acknowledged that Georgia’s decision to limit marriage to a man and a woman was aligned with Article 12 of the European Convention on Human Rights (ECHR), the commission said that there was no “justification for barring [] transsexuals from enjoying the right to marry under all circumstances.” The commission also noted that bans on sex change surgeries violate Article 8 of the ECHR, which allows for the right to respect for private and family life.

In September, US Secretary of State Antony Blinken announced visa restrictions on 60 Georgians after the Georgian Legislature approved the bill. The 60 Georgians include senior government figures who Blinken said were “responsible for, or complicit in, undermining democracy in Georgia.” Georgia’s Prime Minister Irakli Kobakhidze said that the country may revise its ties with the US if the US imposes more sanctions on Georgian officials.

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Georgia president refuses to sign anti-LGBTQ+ bill

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Georgia president refuses to sign anti-LGBTQ+ bill

Georgian President Salome Zourabichvili refused to sign a highly controversial ‘Family Values and the Protection of Minors‘ bill on Wednesday passed by the country’s parliament to significantly curtail the rights of LGBTQ+ individuals.

The bill, which passed with overwhelming parliamentary support, seeks to ban same-sex marriage, prohibit adoption by same-sex couples, restrict gender-affirming care, and limit public expressions of LGBTQ+ identity, including media portrayals and public Pride events. This reflects a broader conservative shift in Georgia’s political climate. Sponsored by the ruling Georgian Dream party, the bill is framed as protecting “traditional family values,” a slogan that has gained popularity among nationalist and pro-Russian factions within the country. The proposed restrictions closely resemble anti-LGBTQ+ legislation in Russia, which has served as a model for conservative lawmakers in Georgia.

The controversial law conflicts with Georgia’s constitution which guarantees equality and non-discrimination under Article 14, and any law that specifically targets a minority group, such as the LGBTQ+ community, could face challenges in court. In addition, Georgia is a signatory to several international human rights treaties, including the European Convention on Human Rights (ECHR). Under Article 14 of the ECHR, discrimination based on sexual orientation is prohibited, creating a legal conflict between the proposed domestic law and Georgia’s international commitments.

Critics of the bill contend that the instrument will contribute to the further marginalization of the LGBTQ+ community, possibly inciting violence against its members, who are already vulnerable in Georgia. Josep Borrell, High Representative of the European Union (EU) for Foreign Affairs and Security Policy, stated on X (formerly Twitter) that the bill will “increase discrimination and stigmatisation.”

If enacted, the bill could also have broader legal implications for Georgia’s aspirations to join the EU, which has made it clear that respect for human rights, including LGBTQ+ rights, is a prerequisite for membership. By passing legislation that contradicts these principles, Georgia risks stalling or even jeopardizing its path toward EU integration.

To oppose the controversial bill, President Zourabichvili, whose role is largely ceremonial, refused signature, opening up a legal debate about the future of LGBTQ+ rights in Georgia. Although Georgia’s constitution allows President Zourabichvili to send the bill back to parliament for reconsideration, it is expected that the legislative body will ultimately override her decision, given its strong majority in favor of the bill.

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Belarus transgender rights organization says authorities detained over 15 LGBTQ+ individuals

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Belarus transgender rights organization says authorities detained over 15 LGBTQ+ individuals

Belarus transgender rights organization TG House Belarus said on Friday that more than 15 LGBTQ+ individuals, including eight transgender individuals, were detained by the Belarusian authorities in the past month.

According to TG House Belarus, the individuals were arrested in several Belarusian cities for allegedly subscribing to extremist resources. TG House Belarus stated that most of the eight transgender individuals were charged for hooliganism and two individuals were charged for pornography. The organization also stated that the detainees were subjected to physical and psychological abuse and some were forced to flee the country.

On February 19, Prosecutor General of Belarus Andrei Shved announced that the Belarus government had been preparing a bill that would punish the promotion of what they deemed to be non-traditional relationships. He stated that it was important to not allow the discussion of the topic and that opponents were attempting to destroy traditional family values and, by extension, Belarus as a nation.

Relatedly, on August 5, the Council of the EU announced that existing sanctions would extend to 28 new individuals for participating in “ongoing internal repression and human rights violations in Belarus.” The 28 individuals, who were listed in a regulation on July 16, included Belarusian government officials, operators of correctional institutions, and members of the state-run media.

EU sanctions against Belarus were initially drafted in response to elections in 2020. The sanctions have been expanded and extended due to alleged ongoing human rights violations and violence against peaceful protesters. The EU stated that the purpose of the sanctions was to “put pressure on Belarusian political leadership to prevent further violence and repression.”

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UN humanitarian team expresses concerns over conflict-related sexual violence rise in Sudan

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UN humanitarian team expresses concerns over conflict-related sexual violence rise in Sudan

The UN Humanitarian Country Team (HCT) in Sudan on Thursday expressed concerns over the rise in conflict-related sexual violence in Sudan.

According to the team, reports from Khartoum and Al Jazira showed that an increasing number of girls and women were abducted and subjected to rape, sexual capacity, and forced marriage. The HCT stated that food insecurity and water scarcity contributed to sexual exploitation and that the number of individuals who sought gender-based violence case management services rose by 288 percent in the first seven months of this year. In addition, the team stated that an increasing number of boys and men were subjected to sexual violence.

The HCT said that the use of sexual violence as a war weapon breached human rights and international humanitarian law. The team urged all parties to the conflict to cease violent acts and conform to their legal obligations under international humanitarian law. The team also called on Sudan authorities “to take immediate action to safeguard the lives, dignity, and well-being of women, girls, men and boys, sexual violence survivors, and female humanitarian workers.”

The UN issued a dire warning on September 8 about the worsening crisis in Sudan, emphasizing the devastating impact of ongoing conflict and the inadequate international response. World Health Organization Director-General Tedros Adhanom Ghebreyesus reported that over 20,000 people have died since the conflict began in April 2023.

The conflict, a struggle between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF), has created the world’s largest internal displacement crisis. Over 10 million people have been displaced from their homes in Sudan, including two million who are seeking refuge in neighboring countries. The conflict has ravaged Sudan’s infrastructure and health system, leaving 70 to 80 percent of the country’s healthcare facilities non-operational. Over 25 million people—more than half of Sudan’s population—are facing acute food insecurity.

On July 28, Human Rights Watch revealed an extensive report on sexual violence perpetrated by the RSF in Khartoum. The report highlighted that under international law, acts such as rape, forced marriage, or forced pregnancies constitute torture or war crimes and may also be considered crimes against humanity if committed as part of a widespread and systematic attack on a civilian population. The report also noted that international humanitarian law stipulates that access to healthcare and healthcare facilities must be protected in wartime.

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Russia adopts bill banning adoption for countries that allow gender reassignment

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Russia adopts bill banning adoption for countries that allow gender reassignment

Members of Russia’s State Duma, the country’s legislative authority consisting of 450 members, adopted a bill Wednesday which will ban the adoption of children from the Russian Federation by citizens in countries where gender reassignment is permitted, emphasizing the need to uphold “traditional values.” The bill was approved by an absolute majority of the State Duma members in the first reading, and will now become law.

Chairman of the State Duma, Vyacheslav Volodin, who proposed the bill, discussed the rationale behind the bill:

This decision is aimed at protecting childhood and traditional values. The absolute majority of State Duma deputies supported the adoption of this initiative. It is necessary to protect our children from the threats they may face when they are adopted or under guardianship by citizens of foreign countries where gender reassignment is legal.

This adoption ban comes just a year after Russian lawmakers passed a law banning gender-affirming surgeries for transgender people in the country. The bill prohibited transgender individuals from receiving hormone therapy, making changes of gender on official Russian documentation, and barred any who have already transitioned from adopting children. It also annulled transgender individuals’ marriages.

Russia has previously been restrictive with adoptions. In 2012, a federal law was passed to prohibit the adoption of Russian children by US citizens and in 2023. Russian media outlet RBC (РБК) reported in June that a decrease in adoption from foreigners of 89 per cent was registered in 2023, with only six children adopted by foreign nationals, due to the restrictive nature of such legislation. According to the presidential commissioner for children’s rights report, it is expected that the adoption of Russian children by foreigners will completely cease because of diplomatic tension heightened by current events.

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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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