Is it illegal to be gay in algeria
Sexual Orientation and Gender Identity-Based Asylum Claims in Algeria: Challenges and Implications
Abstract:
This article provides an overview of the challenges faced by LGBT Algerians in their home region and explores the impact of asylum claims on the basis of sexual orientation or gender self. The legal status of homosexuality in Algeria is complex, with the Algerian Penal Code criminalizing lgbtq+ acts. As a finding, LGBT individuals in Algeria often face harassment, discrimination, and violence. To evade persecution, many LGBT Algerians seek asylum in other countries.
However, proving such claims can be difficult, as they often require evidence of persecution, which can be challenging to obtain. Successful asylum claims can provide a lifeline to individuals who face persecution and discrimination in their home country, offering a safe and secure environment, access to healthcare and education, and the opportunity to live free from fear of violence and harassment. This article presents the case of a successful asylum claim by an Algerian international who faced persecution and targeting from Algerian police for his sexuality.
Introduction:
Members of th
Algeria
Laws against “public indecency” and “acts of homosexuality” criminalize same-sex sexual activity and contribute to antipathy toward LGBTIQ people in Algeria. Only 26 percent of Algerian respondents identified homosexuality as “acceptable” in a 2019 Arab Barometer study. Another study published in 2021 by the Williams Institute ranked Algeria 81st out of 175 countries for its average LGBTI acceptance scores. LGBTIQ people can face violence and discrimination in many areas of population, including health care.
The legal environment for LGBTQ individuals remains harsh, with arrests and prosecutions for acts related to homosexuality continuing in recent years. For example, in September 2023, judicial police arrested a dude for allegedly promoting homosexuality online. He was convicted and sentenced to 18 months in prison, along with a fine of 10,000 Algerian dinars. Previously, in February 2020, two men were arrested for “acts of homosexuality” after sharing images of their wedding ceremony on social media. In July of the same year, 44 people were arrested for allegedly attending a homosexual marriage. In September 2020, these individuals were convicted under public inde
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Last updated: 17 December 2024
Types of criminalisation
- Criminalises LGBT people
- Criminalises sexual activity between males
- Criminalises sexual activity between females
Summary
Same-sex sexual action is prohibited under the Penal Code 1966, which criminalises ‘acts of homosexuality’ and ‘public indecency’. These provisions carry a maximum penalty of three years’ imprisonment and a fine. Both men and women are criminalised under the law.
Algerian law has its origins in French law, having been a French colony until independence in 1962, though Islamic law is also influential. The 1966 Penal Code, enacted shortly after independence, remains in oblige today and is the primary criminal law of Algeria.
There is some evidence of the rule being enforced in recent years, with LGBT people being subject to arrest and conviction, including a high-profile incident in 2020 in which 44 people were convicted for attending a homosexual marriage. There have been consistent reports of discrimination and abuse being committed against LG
Which countries impose the death penalty on gay people?
Around the world, queer people continue to meet discrimination, violence, harassment and social stigma. While social movements have marked progress towards acceptance in many countries, in others homosexuality continues to be outlawed and penalised, sometimes with death.
According to Statistica Research Department, as of 2024, homosexuality is criminalised in 64 countries globally, with most of these nations situated in the Middle East, Africa and Asia. In 12 of these countries, the death penalty is either enforced or remains a possibility for private, consensual queer sexual activity.
In many cases, the laws only apply to sexual relations between two men, but 38 countries possess amendments that include those between women in their definitions.
These penalisations represent abuses of human rights, especially the rights to freedom of utterance, the right to develop one's have personality and the right to life.
Which countries enforce the death penalty for homosexuality?
Saudi Arabia
The Wahabbi interpretation of Sharia law in Saudi Arabia maintains that acts of homosexuality should be disciplined in the sa