LGBT rights in Algeria
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in Algeria experience legal issues not experienced by non-LGBT
citizens. According to the International Lesbian and Gay Association
's May 2008 report, both male and female same-sex sexual acts are illegal in Algeria
.
Article 333 of the Algerian law (English translation) reads:
Similar laws exist that censor the press, publications and other forms of communicative media or popular culture from endorsing LGBT rights.
The criminals laws originate from the prevailing mores in Algeria that view homosexuality and cross-dressing as against the Islamic faith
.
The right to privacy is expressed guaranteed in Article 39 as well as the right to create political organizations (Article 42) and the right to access an education (Article 53), health care (Article 54) and fair work rules (Article 55).
These broad Constitutional protections could be used to advance the rights of LGBT persons in Algeria.
The criminal laws and prevailing social mores are used to justify vigilante honor killings. LGBT people are often abused and beaten up by family, neighbors or even members of the Algerian police.
No support groups exist to help Algerian parents accept their LGBT kin. In fact, it is not uncommon for LGBT persons to be targets of bias motivated crimes. When these crimes involve murder, they hare often called, honor killings because the murderer is often a family member or neighbor who views the murder as necessary to restore the moral honor of LGBT person's family.
These sort of bias motivated crimes are often referred to as honor killings, because the perpetrator(s) is oftentimes a family member or neighbor who justifies his violent homophobia as saving the honor of the family, or the community. Examples of hate crimes against homosexuals include the stoning of two men in the street in 2001 and the killing of two men, one in 1994 and the other in 1996.
Most attempts at same-sex marriage
end in police action, as was the case in a 2005 attempt.
This troublesome and dangerous life led one man, Ramzi Isalam, to seek asylum in the United Kingdom.
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
citizens. According to the International Lesbian and Gay Association
International Lesbian and Gay Association
The International Lesbian, Gay, Bisexual, Trans and Intersex Association is an international organization bringing together more than 750 LGBTI groups from around the world. It continues to be active in campaigning for LGBT rights on the international human rights and civil rights scene and...
's May 2008 report, both male and female same-sex sexual acts are illegal in Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
.
Law regarding same-sex sexual activity
Article 338 of Algerian law (English translation) reads:Article 333 of the Algerian law (English translation) reads:
Similar laws exist that censor the press, publications and other forms of communicative media or popular culture from endorsing LGBT rights.
The criminals laws originate from the prevailing mores in Algeria that view homosexuality and cross-dressing as against the Islamic faith
Homosexuality and Islam
LGBT topics and Islam are influenced by both the cultural-legal history of the nations with a large Muslim population, along with how specific passages in the Qur'an and statements attributed to the prophet Muhammad are interpreted. The mainstream interpretation of Qur'anic verses and hadith...
.
Constitutional Law
Article 3 of the Constitution stipulates that Islam shall be the official religion, but the Constitution also broadly guarantees equality for all citizens (Article 24), respect for human rights (33) and "freedom of creed and opinion" (Article 36).The right to privacy is expressed guaranteed in Article 39 as well as the right to create political organizations (Article 42) and the right to access an education (Article 53), health care (Article 54) and fair work rules (Article 55).
These broad Constitutional protections could be used to advance the rights of LGBT persons in Algeria.
Discrimination & Harassment
As of 2011, no civil rights laws exists to prohibit unfair discrimination or harassment on the basis of sexual orientation or gender identity in Algeria.The criminal laws and prevailing social mores are used to justify vigilante honor killings. LGBT people are often abused and beaten up by family, neighbors or even members of the Algerian police.
Marriage and Family
Marriage is defined, by law and Islamic mores, to the exclusion of same-sex marriages. No legal recognition exists for same-sex marriage, civil unions or domestic partnership contracts.No support groups exist to help Algerian parents accept their LGBT kin. In fact, it is not uncommon for LGBT persons to be targets of bias motivated crimes. When these crimes involve murder, they hare often called, honor killings because the murderer is often a family member or neighbor who views the murder as necessary to restore the moral honor of LGBT person's family.
Living conditions
Homosexuality and cross-dressing are prohibited by law, and the prevailing social attitude is openly negative, even violent. The law does not does not recognize or respect the civil rights of LGBT persons. Officially, there are no gay-friendly establishments and no political organization is allowed to campaign for LGBT-rights. Harassment, violence, even murder, of LGBT persons by family members, religious fundamentalists or other vigilant groups is generally tolerated. Behind the MaskThese sort of bias motivated crimes are often referred to as honor killings, because the perpetrator(s) is oftentimes a family member or neighbor who justifies his violent homophobia as saving the honor of the family, or the community. Examples of hate crimes against homosexuals include the stoning of two men in the street in 2001 and the killing of two men, one in 1994 and the other in 1996.
Most attempts at same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
end in police action, as was the case in a 2005 attempt.
This troublesome and dangerous life led one man, Ramzi Isalam, to seek asylum in the United Kingdom.
See also
- Human rights in AlgeriaHuman rights in AlgeriaSome human rights in Algeria have been suspended under the long-lasting state of emergency, which was first imposed in 1992. In response to the 2010–2011 Algerian protests, the state of emergency was lifted by the end of February 2011, but the possible effect this will have on human rights remains...
- Politics of AlgeriaPolitics of AlgeriaPolitics of Algeria takes place in a framework of a presidential republic, whereby the President of Algeria is head of state while the Prime Minister of Algeria is the head of government, and of a multi-party system. Executive power is exercised by the government...
- 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...
External links
- GayAlgerie.net - Algerian LGBT Media
- UK government travel advice for Algeria: Local laws and customs
- Homosexuality in Muslim Countries
- Asylumlaw.org: Sexual Minorities & HIV Status (Algeria) — various information packets used for asylum purposes