Bärdä is governed by federal Azerbaijan law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✖ No protections
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Don't Ask, Don't Tell
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Bärdä is legal.
Current status
Since Sep 1, 2000
Legal
In 2000 a new criminal code was introduced, repealing article 121 against homosexuality.
Male illegal, female legal
An article under which sodomy was punishable by imprisonment from 5 to 8 years appeared in the Soviet Criminal Code on March 7, 1934 - number 154-a: “Sexual intercourse between a man and a man (sodomy) - imprisonment for a term of three to five years. Sodomy committed with the use of violence or taking advantage of the dependent position of the victim - imprisonment for a term of five to eight years."
Same-sex marriage in Bärdä is banned.
Current status
Banned
Article 2.3 of the Family Code reads: "Marriage is a voluntary union of a man and a woman registered in the relevant executive authority for the purpose family."
Censorship of LGBT issues in Bärdä is state-enforced.
Current status
Since Oct 3, 2017
State-enforced
In Azerbaijan, there are several reports of crackdowns of LGBTQ+ people.
Right to change legal gender in Bärdä is illegal.
Current status
Since Oct 18, 1991
Illegal
Azerbaijan currently provides no legal path for changing gender markers on official documents.
Legal, but requires surgery
The Soviet 1972 law allowing legal sex change after undergoing sex reassignment surgery was never repealed
Gender-affirming care in Bärdä is restricted.
Current status
Restricted
Government does provide a fundamental right to gender affirming care but transgender people have been known to be refused treatment. In practice, surgery and hormone replacement therapy are not provided.
Legal recognition of non-binary gender in Bärdä is not legally recognized.
Current status
Not legally recognized
A Third gender is not legally recognized in Azerbaijan.
Hate crime protections in Bärdä is no protections.
Current status
No protections
Azerbaijan does not provide hate crime protections based on sexual orientation or gender identity.
LGBT discrimination in Bärdä is illegal in some contexts.
Current status
Since Oct 10, 2006
Illegal in some contexts
According to the law that was passed in 2006, “Law of the Republic of Azerbaijan on State Guarantees of Equal Rights on Gender (Women and Men)”, sexual harassment based on sexual orientation is prohibited according to Article 2.0.5.
Gender identity is not expressly protected.
Gender identity is not expressly protected.
LGBT employment discrimination in Bärdä is sexual orientation only.
Current status
Since Oct 10, 2006
Sexual orientation only
Article 2.0.5 of Law of the Republic of Azerbaijan on Guarantees of Gender (men and women) Equality (2006) states that sexual harassment is an "immoral behavior that humiliates and insults a person in a labor or service relationship, arising from belonging to a different gender or sexual orientation, and manifested in physical actions (touching, stroking), obscene words, gestures, threats, derogatory offers or invitations."
LGBT housing discrimination in Bärdä is no protections.
Current status
No protections
In Azerbaijan, neither sexual orientation nor gender identity is a protected class from housing discrimination.
Same-sex adoption in Bärdä is single only.
Current status
Since Dec 28, 1999
Single only
According to a study by the Council of Europe or the Office of the Commissioner for Human Rights, same-sex couples cannot adopt since Article 120 of the Family Code (1999) states that joint adoption is only allowed for married couples. The report suggests that in principle, there aren't any legal restrictions around adopting as an individual — gay or straight — however, all individuals are usually denied the right to adopt.
Intersex infant surgery in Bärdä is not banned.
Current status
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in Azerbaijan.
Serving openly in military in Bärdä is don't ask, don't tell.
Current status
Don't Ask, Don't Tell
In Azerbaijan, the military does not have a formal law banning LGBT people, but in practice, sexual orientation and gender identity are treated as sensitive issues. LGBT individuals can only serve safely if they keep their identity hidden. Revealing that one is LGBT can lead to medical disqualification, harassment, or other negative consequences. This creates a de facto “don’t ask, don’t tell” system: the military doesn’t officially inquire about sexual orientation, but being openly LGBT can prevent someone from serving.
Blood donations by MSMs in Bärdä is legal.
Current status
Legal
In Azerbaijan, MSM are allowed to donate blood as long as they’re healthy. There’s no rule that bans them. If someone doesn’t have HIV/AIDS or other blood-borne infections and meets the basic health requirements, they can donate just like anyone else.
Conversion therapy in Bärdä is not banned.
Current status
Not banned
Conversion therapy is not banned and the practice is reportedly commonly practiced.
Equal age of consent in Bärdä is equal.
Current status
Equal
The age of consent in Azerbaijan is 16 for both same-sex couples and opposite-sex couples.
Legal Rights
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