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An analysis of recent data in Palestine indicates a widespread and severe resistance to LGBTQ+ rights, a situation that is deeply troubling to human rights advocates.

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History

Homosexual activity in Palestine

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Homosexual activity in Palestine is varies by region.

Current status
Varies by Region
Homosexual activity is legal in the West Bank but is punishable by up to 10 years in Gaza, although enforcement is difficult so arrests are believed to be rare. Gaza retained the 1936 criminal code from the British mandate.

Legal

  1. Bethlehem
  2. Hebron
  3. Jenin
  4. Jericho
  5. Jerusalem
  6. Nablus
  7. Qalqilya
  8. Ramallah
  9. Salfit
  10. Tubas
  11. Tulkarm

Male illegal, female legal

  1. Deir El Balah 1936
  2. Gaza 1936
  3. Khan Yunis 1936
  4. North Gaza 1936
  5. Rafah 1936

Same-sex marriage in Palestine

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Same-sex marriage in Palestine is unrecognized.

Current status
Unrecognized federal law
In the areas administrated by the Palestinian Authority and the Gaza Strip, same-sex marriage is unrecognized.
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Censorship of LGBT issues in Palestine

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Censorship of LGBT issues in Palestine is varies by region.

Current status
Varies by Region
The Palestinian Police Authorities in the West Bank banned the activities of queer and feminist rights organization Al Qaws as requested by residents in the report of 'suspicious' activities, however, this law was later retired following international backlash. In the Gaza strip, controlled by Hamas, there is little to no information about the topic.

Imprisonment as punishment

  1. Bethlehem
  2. Hebron
  3. Jenin
  4. Jericho
  5. Jerusalem
  6. Nablus
  7. Qalqilya
  8. Ramallah
  9. Salfit
  10. Tubas
  11. Tulkarm

Right to change legal gender in Palestine

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Right to change legal gender in Palestine is illegal.

Current status
Illegal federal law
There are no legal means to change one’s gender in Palestine. The Gaza Strip and the Palestinian Authority in the West Bank do not permit for it and in practice, trans Palestinians in the Israeli occupied territories have no access, unlike trans Israelis, as a result of movement restrictions and general disregard for Palestinian human rights.

Gender-affirming care in Palestine

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Gender-affirming care in Palestine is restricted.

Current status
Restricted
In Gaza, gender affirming surgery was previously only available for intersex individuals however it is now available to no one due to the destruction in the war.

While gender affirming healthcare is provided in Israel, the oppressive laws restricting movement for Palestinians inhibits their ability to access such in the occupied territories.
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Legal recognition of non-binary gender in Palestine

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Legal recognition of non-binary gender in Palestine is not legally recognized.

Current status
Not legally recognized federal law
There are no laws legally recognizing non-binary genders.
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LGBT discrimination in Palestine

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LGBT discrimination in Palestine is illegal in some contexts.

Current status
Illegal in some contexts federal law
There are no broad legal protections from discrimination provided to LGBTIQ+ people in Palestine.

However, some ministerial documents on "Labor Management Procedures" (LMP) offer some limited employment protections based on sexual orientation and gender identity. The LPM states "Recruitment procedures will be transparent, public and non-discriminatory with respect to ethnicity, religion, sexual orientation, disability, and gender." Also, the "Individual Signed Commitment regarding Gender and Sexual Based Violence" establishes "Treat all persons, including children (persons under the age of 18), with respect regardless of gender, race, color, language, religion, political or other opinion, national or ethnic origin, social origin, gender identity, sexual orientation, property, disability, birth, or any other status."
Sources:
2014 report:
cdn.sida.se/app/uploads/202…

Ministry of Education:
(2021)
site.moh.ps/Content/File/dW…
(2022)
web.archive.org/web/2024021…

Ministry of Telecommunications and Digital Economy:
(2021)
mtde.gov.ps/uploads/files/2…

Ministry of Health:
(2020)
site.moh.ps/Content/File/Oy…
(2021)
documents1.worldbank.org/cu…
(Page 36, in Arabic)
site.moh.ps/Content/File/jW…
(2023)
ewsdata.rightsindevelopment…

Ministry of Finance (2023)
www.f4j.ps/cached_uploads/d…

Palestinian Energy and Natural Resources Authority
(2020)
ewsdata.rightsindevelopment…
(2024)
www.penra.pna.ps/uc_files/d…

Ministry of Finance (Consulting Services - Firms Selection)
(2022)
Code of Conduct bans discrmination based on sexual orientation and gender identity.
Page 19 gs.pmof.ps/cp/plugins/spaw/…
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LGBT employment discrimination in Palestine

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LGBT employment discrimination in Palestine is no protections.

Current status
No protections
In the areas controlled by the Palestinian authority and the Gaza strip,there is no protections for LGBTQ+ personel.For Israeli Citizens in the Occupied West Bank.
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LGBT housing discrimination in Palestine

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LGBT housing discrimination in Palestine is no protections.

Current status
No protections
In the areas controlled by the Palestinian authority and the Gaza strip,there is no protections for LGBTQ+ personel. For Israeli citizens in the Occupied West Bank.
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Same-sex adoption in Palestine

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Same-sex adoption in Palestine is single only.

Current status
Single only
There are no laws in place regarding adoption for same-sex couples.
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Intersex infant surgery in Palestine

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Intersex infant surgery in Palestine is not banned.

Current status
Not banned
Not banned in Palestine.
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Serving openly in military in Palestine

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Serving openly in military in Palestine is n/a.

Current status
N/A federal law
Palestine does not have a military.
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Blood donations by MSMs in Palestine

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Blood donations by MSMs in Palestine is legal.

Current status
Legal
According to the "Blood Donor Criteria" on the Palestinian Ministry of Health website, there is no specific prohibition on MSM donating blood.

Conversion therapy in Palestine

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Conversion therapy in Palestine is not banned.

Current status
Not banned federal law
Conversion Theraphy is partially banned in the Occupied West Bank for Israeli Citizens but in the Gaza Strip and the areas of West Bank under the Palestinian Authorities there is no ban towards conversion theraphy for LGBT people.

Equal age of consent in Palestine

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Equal age of consent in Palestine is varies by region.

Current status
Varies by Region
In the West Bank, the age of consent is equal for both males and females (18 years). In the Gaza Strip, it is unequal for males.
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Equal

  1. Jericho
  2. Nablus
  3. Ramallah

Female equal, male N/A

  1. Gaza 1936


LGBT Rights by Governorates

View the LGBT laws in each individual governorates of Palestine.