Current Version
Region | Palestine |
Issue | Homosexual activity |
Status | Varies by Region |
Start Date | Jan 1, 1951 |
End Date | (none) |
Description | Homosexuality remains taboo in Palestinian territories. Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951 In 2022, the brutal killing of Ahmad Abu Murkhiyeh, a gay Palestinian man who had sought asylum in Israel, ignited shock and sparked discussions about LGBTQ+ safety and rights within Palestinian territories. In August 2019, the Palestinian Authority police banned the LGBTQ+ rights group Al Qaws from holding events in the West Bank, sparking debate on Palestinian social media and drawing attention in Israel. Al Qaws, which advocates for sexual and gender diversity in a largely conservative society, condemned the intimidation and called for a focus on addressing broader issues like occupation. |
Sources | http://www.alqaws.org/q/faq2 https://apnews.com/article/middle-east-israel-immigration-west-bank-gay-rights-ce95f6903faf461502cc0800b272b159 https://www.nbcnews.com/feature/nbc-out/palestinian-police-vow-crackdown-lgbtq-events-west-bank-n1044081 https://www.jpost.com/middle-east/pa-bans-lgbt-activities-in-west-bank-598980 https://www.nytimes.com/2019/08/19/world/middleeast/palestinian-gay-tansgender-rights-group.html |
Reports (1)
- Other "Gaza criminalised gay sex in 1936. Jordanian law which applies in West Bank decriminalised gay sex in 1960. https://palestine.unfpa.org/sites/default/files/pub-pdf/Gender%20Justice%20and%20The%20Law.pdf"
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Revision History (27)
edited by cosmeticplague. Reverting to revision #39472:
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0 Old Value | New Value (Current) | |
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Value | Legal | (REMOVED) |
Special Status | Legal | Varies by Region |
Start Date | Jan 1, 1936 | Jan 1, 1951 |
Description | West Bank : Legal since 1951 for males; always been legal for females Gaza: No consensus Males (and females): No consensus on legal applicability of British 1936 Sexual offences provisions to homosexual conduct. So homosexuality is not excplecitively illegal. | Homosexuality remains taboo in Palestinian territories. Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951 In 2022, the brutal killing of Ahmad Abu Murkhiyeh, a gay Palestinian man who had sought asylum in Israel, ignited shock and sparked discussions about LGBTQ+ safety and rights within Palestinian territories. In August 2019, the Palestinian Authority police banned the LGBTQ+ rights group Al Qaws from holding events in the West Bank, sparking debate on Palestinian social media and drawing attention in Israel. Al Qaws, which advocates for sexual and gender diversity in a largely conservative society, condemned the intimidation and called for a focus on addressing broader issues like occupation. |
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Sources | https://database.ilga.org/palestine-lgbti | http://www.alqaws.org/q/faq2 https://apnews.com/article/middle-east-israel-immigration-west-bank-gay-rights-ce95f6903faf461502cc0800b272b159 https://www.nbcnews.com/feature/nbc-out/palestinian-police-vow-crackdown-lgbtq-events-west-bank-n1044081 https://www.jpost.com/middle-east/pa-bans-lgbt-activities-in-west-bank-598980 https://www.nytimes.com/2019/08/19/world/middleeast/palestinian-gay-tansgender-rights-group.html |
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edited by kenzaqaushi. statut correction, homosexuality is not excplecitively illegal.
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0 Old Value | New Value | |
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Value | (REMOVED) | Legal |
Special Status | Varies by Region | Legal |
Start Date | 1951 | Jan 1, 1936 |
Description | Homosexuality remains taboo in Palestinian territories. Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951 In 2022, the brutal killing of Ahmad Abu Murkhiyeh, a gay Palestinian man who had sought asylum in Israel, ignited shock and sparked discussions about LGBTQ+ safety and rights within Palestinian territories. In August 2019, the Palestinian Authority police banned the LGBTQ+ rights group Al Qaws from holding events in the West Bank, sparking debate on Palestinian social media and drawing attention in Israel. Al Qaws, which advocates for sexual and gender diversity in a largely conservative society, condemned the intimidation and called for a focus on addressing broader issues like occupation. | West Bank : Legal since 1951 for males; always been legal for females Gaza: No consensus Males (and females): No consensus on legal applicability of British 1936 Sexual offences provisions to homosexual conduct. So homosexuality is not excplecitively illegal. |
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Sources | http://www.alqaws.org/q/faq2 https://apnews.com/article/middle-east-israel-immigration-west-bank-gay-rights-ce95f6903faf461502cc0800b272b159 https://www.nbcnews.com/feature/nbc-out/palestinian-police-vow-crackdown-lgbtq-events-west-bank-n1044081 https://www.jpost.com/middle-east/pa-bans-lgbt-activities-in-west-bank-598980 https://www.nytimes.com/2019/08/19/world/middleeast/palestinian-gay-tansgender-rights-group.html | https://database.ilga.org/palestine-lgbti |
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edited by danlev. Since the laws are more unclear, adding examples of LGBTQ-related events that have happened in Palestine in the past few years to add more context.
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1 Old Value | New Value | |
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Special Status | (REMOVED) | Varies by Region |
Description | Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951 | Homosexuality remains taboo in Palestinian territories. Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951 In 2022, the brutal killing of Ahmad Abu Murkhiyeh, a gay Palestinian man who had sought asylum in Israel, ignited shock and sparked discussions about LGBTQ+ safety and rights within Palestinian territories. In August 2019, the Palestinian Authority police banned the LGBTQ+ rights group Al Qaws from holding events in the West Bank, sparking debate on Palestinian social media and drawing attention in Israel. Al Qaws, which advocates for sexual and gender diversity in a largely conservative society, condemned the intimidation and called for a focus on addressing broader issues like occupation. |
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Sources | http://www.alqaws.org/q/faq2 | http://www.alqaws.org/q/faq2 https://apnews.com/article/middle-east-israel-immigration-west-bank-gay-rights-ce95f6903faf461502cc0800b272b159 https://www.nbcnews.com/feature/nbc-out/palestinian-police-vow-crackdown-lgbtq-events-west-bank-n1044081 https://www.jpost.com/middle-east/pa-bans-lgbt-activities-in-west-bank-598980 https://www.nytimes.com/2019/08/19/world/middleeast/palestinian-gay-tansgender-rights-group.html |
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Reports (2)
- Newer law has been passed "There is no source for the 1951 statement. In fact, clicking the 1951 link shows no mention of any change of status in the region in 1951."
- Status is not correct "On 1951 the west bank was still part of Jordan and not Israel. And it sure wasn't legal back then. "
edited by danlev. Equal age of consent is not relevant here. Though the rest of this entry needs further research.
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0 Old Value | New Value | |
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Description | Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951,equal age of consent | Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951 |
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Reports (1)
- Note field is incorrect "Gaza strip has the death penalty for homosexuality in practice- https://www.newsweek.com/prominent-hamas-commander-was-executed-after-accusations-gay-sex-432343 Hamas is the ruling party there"
Old Value | New Value | |
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Value | Legal | (REMOVED) |
edited by GeorgieTheOrgie. Inaccurate Status
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0 Old Value | New Value | |
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Value | (REMOVED) | Legal |
Description | Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951,equal age of consent - Gaza Strip : Illegal for males (not enforced) (Penalty: Up to 10 years imprisonment) | Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951,equal age of consent |
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edited by Pizzaslices412653
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0 Old Value | New Value | |
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Value | Male illegal, female legal | (REMOVED) |
Reports (2)
- Status is not correct "A Palestinian gay man escaped palestine and fled to israel, he was then kidnapped by Palestinian forces in west bank and stoned for being gay. Change the status, the punishment is enforced fully. His name is ahmed abu marhia"
- Note field is incorrect "In gaza the law is enforced, gay men are executed for being gay"
Old Value | New Value | |
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Value | (REMOVED) | Male illegal, female legal |
Special Status | Ambiguous | (REMOVED) |
Old Value | New Value | |
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Value | (REMOVED) | Male illegal, female legal |
Special Status | Ambiguous | (REMOVED) |
Old Value | New Value | |
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Description | Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951,equal age of consent - Gaza Strip : Illegal for males (Penalty: Up to 10 years imprisonment) | Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951,equal age of consent - Gaza Strip : Illegal for males (not enforced) (Penalty: Up to 10 years imprisonment) |
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edited by Muhammadaji2022
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0 Old Value | New Value | |
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Description | Mixed Legality: - West Bank: Legal since 1951,equal age of consent - Gaza Strip : Illegal for males (Penalty: Up to 10 years imprisonment) | Mixed Legality: - West Bank (Partially still occupied by Israel): Legal since 1951,equal age of consent - Gaza Strip : Illegal for males (Penalty: Up to 10 years imprisonment) |
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edited by Muhammadaji2022
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0 Old Value (Original) | New Value | |
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Description | In the Occupied Palestinian Territories, although the law does not provide any explicit protections for LGBTQ persons, there are no formal laws against same-sex sexual activities. It should be noted, however, that laws against “indecency” are sometimes used, on an irregular and unpredictable basis, to criminalize same-sex acts. Officially, consensual sexual activities in private between members of the same sex who are at least 15 years of age are not illegal. Laws against sexual assault, rape, and indecency apply equally, regardless of the sex of the parties involved. This is not to say life is "easy" for LGBTQ Palestinians in the West Bank and Gaza. However, the problems they face are not primarily legal in nature but pertain more to social and cultural circumstances. | Mixed Legality: - West Bank: Legal since 1951,equal age of consent - Gaza Strip : Illegal for males (Penalty: Up to 10 years imprisonment) |
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Original entry | |
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Status | Ambiguous |
Start Date | (unknown) |
End Date | (none) |
Description | In the Occupied Palestinian Territories, although the law does not provide any explicit protections for LGBTQ persons, there are no formal laws against same-sex sexual activities. It should be noted, however, that laws against “indecency” are sometimes used, on an irregular and unpredictable basis, to criminalize same-sex acts. Officially, consensual sexual activities in private between members of the same sex who are at least 15 years of age are not illegal. Laws against sexual assault, rape, and indecency apply equally, regardless of the sex of the parties involved. This is not to say life is "easy" for LGBTQ Palestinians in the West Bank and Gaza. However, the problems they face are not primarily legal in nature but pertain more to social and cultural circumstances. |
Sources | http://www.alqaws.org/q/faq2 |
Reports (7)
- Status is not correct "Regularly enforced. British Mandate outdated "
- Status is not correct "Specific law in Gaza 10 years min but most get death "
- Status is not correct "Up to 10 years in prison in the Gaza strip. Under British Mandate criminal code Ordinance number. 74"
- Status is not correct "Please see Amnesty International's 2020 report on Palestine (State of). Male same-sex sexual activity is criminalized pursuant to Section 152."
- Status is not correct "Any sexual contact between the same sex is illegal and punishable by death in Gaza, something Hamas put down. I work with a LGBT rights group that gets people out because of that. "
- Status is not correct "This page needs to distinguish between the West Bank and Gaza, which have de facto separate legal systems. Homosexual sex for men and women is LEGAL in the West Bank and ILLEGAL in Gaza due to an anti-sodomy law dating from the era of British rule. Please see the source from Amnesty International. https://www.amnesty.org/en/countries/middle-east-and-north-africa/palestine-state-of/report-palestine-state-of/"
- Status is not correct