LGBT rights in Azerbaijan

2000 saw the abolishment of the Azerbaijani law forbidding homosexual interactions (gay sex).[1] A special edition of Azerbaijan, the official newspaper of the Parliament, published on 28 May, reported that the Parliament had approved a new Criminal Code, and that the President had signed a decree bringing it into force in September. The text of the new Criminal Code was also published. From this it is clear that the old Article 113 (inherited from the Soviet era, and which punished anal sex between men with three years imprisonment)[2] has been replaced with a new Article 150, which bans only forcible sexual acts.

LGBT map of Azerbaijan.

Modern times

When Azerbaijan became part of USSR, despite in Lenin-era of Soviet Russia homosexuality was not banned, it remained as crime in Azerbaijan.[3] As the homosexuality was most widespread in Azerbaijan, Turkmenia, Uzbekistan and Georgia, the legislation on persecution of homosexuals remained in force in 1920's.[4]

After the independence of Azerbaijan in 1991, homosexual acts were legalized in 2000.[1] The official newspaper of the Parliament, published on 28 May 2000, reported that the Parliament had approved a new criminal code, and that the President had signed a decree bringing it into force in September. The old Article 113 (inherited from the Soviet era, and which punished anal sex between men with three years imprisonment)[2] has been replaced with a new Article 150, which bans only forcible sexual acts.

Although homosexual acts between consenting male adults were officially decriminalized, reports about police abuses against gays, mainly male prostitutes, persisted during the last year. While complaining of the violence against them, the victims preferred to remain anonymous fearing retaliation on the part of police." (2001 Report of the International Helsinki Federation).

State-controlled media outlets use homosexuality as a tool to harass and discredit critics of the government[5] and opposition journalist.[6][7]

Living conditions
Same-sex sexual activity legal Yes (since 2000)
Equal age of consent Yes (since 2000)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Yes
Right to change legal gender Yes (Transgender people can change their gender but not their legal name)
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes

References
  1. Spartacus International Gay Guide, page 1216. Bruno Gmunder Verlag, 2007.
  2. United Nations High Commissioner for Refugees. "Azerbaijan: Information On The Treatment Of Homosexuals". Unhcr.org. Archived from the original on 9 October 2012. Retrieved 20 January 2011.
  3. Healey, Dan. "Masculine purity and 'Gentlemen's Mischief': Sexual Exchange and Prostitution between Russian Men, 1861–1941". Slavic Review. Vol. 60, No. 2 (Summer, 2001), p. 258.
  4. The Continuum Complete International Encyclopedia of Sexuality, By Robert T. Francoeur, Raymond J. Noonan, P. 900
  5. United Nations High Commissioner for Refugees (6 May 2008). "Azerbaijan: State media embroiled in gay bashing controversy". Unhcr.org. Retrieved 20 January 2011.
  6. United Nations High Commissioner for Refugees (10 April 2008). "Azerbaijan: Opposition journalist says he is victim of vicious smear campaign". Unhcr.org. Retrieved 20 January 2011.
  7. United Nations High Commissioner for Refugees. "Amnesty International Report 2009 – Azerbaijan". Unhcr.org. Retrieved 20 January 2011.
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