LGBT rights in Libya
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in Libya
face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal. Beyond the criminal laws, cross-dressing
and homosexuality
are widely seen as immoral activities.
prohibits all sexual activity outside of a lawful marriage. Private homosexual acts between consenting adults are punishable with up to five years' imprisonment.
In the 1990s, Libyan autocratic ruler Muammar Gaddafi
began to enact "purification" laws designed to enforce a harsh view of Islamic law
on the population. Libyan courts were given the power to use amputation, flogging
and other cruel punishments against persons found to be violating traditional Islamic morality.
In 2010, the Gay Middle East blog, reported that two adult men had been charged with "indecent acts", which meant cross-dressing and homosexual conduct.
Female homosexuality would also appear to be illegal, as is making any sort of public acknowledgment that a person is gay. In 2010 a French
asylum
case involved a Libyan girl who sought asylum after being jailed, raped and then returned to her family for a forced marriage after she made a public statement online that she was gay.
In 2003, Gaddafi stated that he believed that it was "impossible" to contract AIDS
–HIV
through unprotected, heterosexual vaginal sex.
Libyan social attitudes about sexual orientation
and gender identity
are heavily influenced by Islamic mores. Traditional Islam condemns homosexuality and cross-dressing as they do all expressions of sexuality outside of a traditional marriage.
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal. Beyond the criminal laws, cross-dressing
Cross-dressing
Cross-dressing is the wearing of clothing and other accoutrement commonly associated with a gender within a particular society that is seen as different than the one usually presented by the dresser...
and homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
are widely seen as immoral activities.
Criminal laws
The country's criminal codeCriminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
prohibits all sexual activity outside of a lawful marriage. Private homosexual acts between consenting adults are punishable with up to five years' imprisonment.
In the 1990s, Libyan autocratic ruler Muammar Gaddafi
Muammar Gaddafi
Muammar Muhammad Abu Minyar Gaddafi or "September 1942" 20 October 2011), commonly known as Muammar Gaddafi or Colonel Gaddafi, was the official ruler of the Libyan Arab Republic from 1969 to 1977 and then the "Brother Leader" of the Libyan Arab Jamahiriya from 1977 to 2011.He seized power in a...
began to enact "purification" laws designed to enforce a harsh view of Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
on the population. Libyan courts were given the power to use amputation, flogging
Flagellation
Flagellation or flogging is the act of methodically beating or whipping the human body. Specialised implements for it include rods, switches, the cat o' nine tails and the sjambok...
and other cruel punishments against persons found to be violating traditional Islamic morality.
In 2010, the Gay Middle East blog, reported that two adult men had been charged with "indecent acts", which meant cross-dressing and homosexual conduct.
Female homosexuality would also appear to be illegal, as is making any sort of public acknowledgment that a person is gay. In 2010 a French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
case involved a Libyan girl who sought asylum after being jailed, raped and then returned to her family for a forced marriage after she made a public statement online that she was gay.
Living conditions
The government does not permit the public advocacy of LGBT rights and homosexuality and cross-dressing are considered highly taboo within the society. When they are discussed, it is always in a negative manner, in keeping with traditional Islamic morality.In 2003, Gaddafi stated that he believed that it was "impossible" to contract AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
–HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
through unprotected, heterosexual vaginal sex.
Libyan social attitudes about sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
are heavily influenced by Islamic mores. Traditional Islam condemns homosexuality and cross-dressing as they do all expressions of sexuality outside of a traditional marriage.
See also
- Human rights in LibyaHuman rights in LibyaThe Kingdom of Libya, from 1951 to 1969, was heavily influenced and educated by the British and American oil companies. The King was very westernized and Libya also had a constitution. The kingdom, however, was marked by a feudal regime, where Libya had a low literacy rate of 10%, a low life...
- LGBT rights in AfricaLGBT rights in AfricaLesbian, gay, bisexual, transgender rights in Africa are limited in comparison to other areas of the world, with the BBC estimating that homosexuality is outlawed in 38 African countries...