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LGBTQ rights in Mauritania

Topic: Social

 From HandWiki - Reading time: 5 min

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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mauritania face severe legal challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are illegal in Mauritania. Openly homosexual Muslim men face stoning to death, though there have been no known cases of executions caused by homosexuality charges in the country; whereas women who have sex with women face prison.[1]

Law regarding same-sex sexual activity

See also: Religion:LGBTQ people and Islam

Law in Mauritania is based on Sharia.[2] According to the Article 308 of the 1983 Criminal Code, "Any adult Muslim man who commits an impudent or unnatural act with an individual of his sex will face the penalty of death by public stoning" (Rajm).[3][4] According to the Human Dignity Trust and Amnesty International, the death penalty has not been imposed since 1986.[5][6] Women face prison between three months to two years imprisonment, and a fine of 5,000 to 60,000 Mauritanian Ouguiya.[7]

Living conditions

The U.S. Department of State's 2011 human rights report found that, "There were no criminal prosecutions during the year. There was no evidence of societal violence, societal discrimination, or systematic government discrimination based on sexual orientation. There were no organizations advocating for sexual orientation or gender-identity rights, but there were no legal impediments to the operation of such groups."[8] The State Department's reports of later years similarly report either no known arrests, or state that authorities did not actively enforce the law.[9]

Summary table

Same-sex sexual activity legal No Penalty (de jure): Execution for men, (not enforced; under moratorium), up to 2 years in prison and fines for women)

No Penalty (de facto) : Penalty: Up to 2 years in prison and fines for both men and women.

Equal age of consent No
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
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBTQ people allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

  1. ↑ Rupar, Terri (24 February 2014). "Here are the 10 countries where homosexuality may be punished by death". The Washington Post. https://www.washingtonpost.com/blogs/worldviews/wp/2014/02/24/here-are-the-10-countries-where-homosexuality-may-be-punished-by-death/. "Mauritania: Muslim men engaging in homosexual sex can be stoned to death, according to a 1984 law. Women face prison." 
  2. ↑ "Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1: Mauritania". 10 August 2010. p. 3. paragraph 8. https://lib.ohchr.org/HRBodies/UPR/Documents/session9/MR/A_HRC_WG.6_9_MRT_2_Mauritania_eng.pdf. 
  3. ↑ Ghai, Ritu (2012). "Deciphering Motive: Establishing Sexual Orientation as the 'One Central Reason' for Persecution in Asylum Claims". Columbia Law School 43 (2): 522. http://www3.law.columbia.edu/hrlr/hrlr_journal/43.2/Ghai.pdf. 
  4. ↑ "Ordonnance 83-162 du 09 juillet 1983 portant institution d'un Code Pénal" (in fr). 9 July 1983. p. 63. https://wipolex.wipo.int/en/text.jsp?file_id=194180. "Tout musulman majeur qui aura commis un acte impudique ou contre nature avec un individu de son sexe sera puni de peine de mort par lapidation publique." 
  5. ↑ "Country profiles: Mauritania" (in en). 11 February 2019. https://www.humandignitytrust.org/country-profile/mauritania/. 
  6. ↑ Amnesty International Global Report: Death Sentences and Executions 2019 (Report). Amnesty International. 2020. pp. 54−55. Index: ACT 50/1847/2020. https://www.amnestyusa.org/reports/death-penalty-2019/. Retrieved 24 September 2022.  PDF file available
  7. ↑ "Mauritania: The treatment of sexual minorities by society and the authorities, including laws, state protection and support services (2015-July 2017)" (in en). United Nations High Commissioner for Refugees. https://www.refworld.org/docid/598c6bfc4.html. 
  8. ↑ "Country Reports on Human Rights Practices: Mauritania". pp. 24–25. https://2009-2017.state.gov/documents/organization/186431.pdf. 
  9. ↑ See US Department of State reports:
    • ((Bureau of Democracy, Human Rights, and Labor)) (2021). 2021 Country Reports on Human Rights Practices: Mauritania (Report). United States Department of State. 
    • ((Bureau of Democracy, Human Rights, and Labor)) (2020). 2020 Country Reports on Human Rights Practices: Mauritania (Report). United States Department of State. 
    • ((Bureau of Democracy, Human Rights, and Labor)) (2019). 2019 Country Reports on Human Rights Practices: Mauritania (Report). United States Department of State. 

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