LGBT Rights in Rafah
Governorates

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History

Homosexual activity in Rafah

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Homosexual activity in Rafah is male illegal, female legal.

Current status
Since 1936
Male illegal, female legal
The criminalisation of homosexual activity in Gaza dates back to the British mandate. Section 152(2) of the British Mandate Criminal Code Ordinance 1936, which is still enforced in Gaza, criminalises ‘carnal knowledge against the order of nature’ with imprisonment of up to ten years. imprisonment.
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Same-sex marriage in Rafah

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Same-sex marriage in Rafah is unrecognized.

Current status
Unrecognized under federal Palestine 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 Rafah

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Censorship of LGBT issues in Rafah is unknown.

Current status
Unknown

Right to change legal gender in Rafah

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Right to change legal gender in Rafah is illegal.

Current status
Illegal under federal Palestine 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 Rafah

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Gender-affirming care in Rafah is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Rafah

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

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

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LGBT discrimination in Rafah is illegal in some contexts.

Current status
Illegal in some contexts under federal Palestine 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 Rafah

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LGBT employment discrimination in Rafah is unknown.

Current status
Unknown

LGBT housing discrimination in Rafah

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LGBT housing discrimination in Rafah is unknown.

Current status
Unknown

Same-sex adoption in Rafah

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Same-sex adoption in Rafah is unknown.

Current status
Unknown

Intersex infant surgery in Rafah

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Intersex infant surgery in Rafah is unknown.

Current status
Unknown

Serving openly in military in Rafah

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Serving openly in military in Rafah is n/a.

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

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Blood donations by MSMs in Rafah is unknown.

Current status
Unknown

Conversion therapy in Rafah

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Conversion therapy in Rafah is not banned.

Current status
Not banned under federal Palestine 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 Rafah

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Equal age of consent in Rafah is unknown.

Current status
Unknown