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Public Opinion

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History

Homosexual activity in Western Sahara

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Homosexual activity in Western Sahara is illegal (other penalty).

Current status
Since Nov 14, 1975
Illegal (other penalty)
Information related to the legality of homosexuality in Western Sahara (also known as the Sahrawi Arab Democratic Republic) is extremely limited. Some sources, such as The Council for Global Equality, state that homosexuality is illegal in Western Sahara. However, the actual situation is more nuanced.

In 1975, Spain unilaterally withdrew from its colony of Western Sahara, and the territory was invaded by Morocco and Mauritania. Mauritania later withdrew its troops, but Morocco did not. Morocco now controls more than two-thirds of the territory claimed by the Sahrawi Arab Democratic Republic (SADR).

In Morocco, homosexuality is a crime punishable by six months to three years of imprisonment, and a fine of 120 to 1,000 dirhams. However, in the territory controlled by the SADR, information on any possible punishments for homosexuality is not readily available.
Details
Sources:
www.globalequality.org/stor…
www.lawgratis.com/blog-deta…
arabcenterdc.org/resource/t…
ilga.org/wp-content/uploads…
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Jul 15, 1954–Nov 14, 1975
Illegal (imprisonment as punishment) federal law
Under Spanish law, sodomy was punishable by up to 5 years imprisonment from July 15th, 1954, to January 1st, 1979.
Details
Sources:
dspace.unia.es/bitstream/ha…
www.boe.es/buscar/doc.php?i…
www.libertaddigital.com/cul…
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1932–Jul 15, 1954
Legal federal law
Under Spanish law, homosexuality was legal from 1932 to 1954.
Details
Sources:
www.libertaddigital.com/cul…
dspace.unia.es/bitstream/ha…
www.linkedin.com/pulse/natu…
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Same-sex marriage in Western Sahara

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Same-sex marriage in Western Sahara is unrecognized.

Current status
Unrecognized
Western Sahara is largely controlled by Moroccan law, which does not recognise same-sex couples. Additionally, the SADR, which controls some parts of the east, also does not recognise or ban same-sex couples.
Details
Sources:
www.policinglaw.info/assets…
queerintheworld.com/lgbt-ri…
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Censorship of LGBT issues in Western Sahara

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Censorship of LGBT issues in Western Sahara is no censorship.

Current status
No censorship
In Western Sahara, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
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Right to change legal gender in Western Sahara

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Right to change legal gender in Western Sahara is illegal.

Current status
Illegal
No laws in place. Missing non binary options on documents.
Details
Sources:
www.nationalgeographic.com/…
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Gender-affirming care in Western Sahara

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Gender-affirming care in Western Sahara is n/a.

Current status
N/A
There is no known explicit government recognition or legal framework for transgender rights or gender transition in Western Sahara.
Details
Sources:
www.hrw.org/world-report/20…
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Legal recognition of non-binary gender in Western Sahara

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

Current status
Not legally recognized
Western Sahara does not recognize non-binary identities.
Details
Sources:
www.nationalgeographic.com/…
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Hate crime protections in Western Sahara

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Hate crime protections in Western Sahara is no protections.

Current status
No protections federal law
There is no protections for LGBTIQA+ people against hate crimes in Western Sahara.
Details
Sources:
backlashmap.euromedrights.o…
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LGBT discrimination in Western Sahara

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LGBT discrimination in Western Sahara is no protections.

Current status
No protections federal law
No protections in general for LGBTIAQ+ people in Western Sahara.
Details
Sources:
backlashmap.euromedrights.o…
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LGBT employment discrimination in Western Sahara

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LGBT employment discrimination in Western Sahara is no protections.

Current status
No protections federal law
In Western Sahara, neither sexual orientation nor gender identity is a protected class from employment discrimination.
Details
Sources:
www.globalequality.org/stor…
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LGBT housing discrimination in Western Sahara

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LGBT housing discrimination in Western Sahara is no protections.

Current status
No protections federal law
No protections for LGBTIAQ+ people against housing discrimination in Western Sahara.
Details
Sources:
backlashmap.euromedrights.o…
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Same-sex adoption in Western Sahara

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Same-sex adoption in Western Sahara is illegal.

Current status
Illegal federal law
In Western Sahara, the requirements to get a child in either single women or married couples, and even with single women they must be legally convert to Islam and since LGBTQIA+ people are viewed negatively preventing all of them from getting a child.
Details
Sources:
backlashmap.euromedrights.o…
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Intersex infant surgery in Western Sahara

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Intersex infant surgery in Western Sahara is not banned.

Current status
Not banned federal law
No ban on intersex infant surgery in Western Sahara.
Details
Sources:
backlashmap.euromedrights.o…
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Serving openly in military in Western Sahara

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Serving openly in military in Western Sahara is illegal.

Current status
Illegal federal law
A openly LGBTIAQ+ individuals can't serve in the military as they would be dishonorably discharged, and potential court-material if their identity get revealed in Western Sahara.
Details
Sources:
uprdoc.ohchr.org/uprweb/dow…
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Blood donations by MSMs in Western Sahara

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Blood donations by MSMs in Western Sahara is banned (indefinite deferral).

Current status
Banned (indefinite deferral) federal law
Homosexuality in Western Sahara are illegal and due to being tied with Moroccan law so it very illegal for any MSMS to donate blood.
Details
Sources:
outrightinternational.org/o…
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Conversion therapy in Western Sahara

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Conversion therapy in Western Sahara is not banned.

Current status
Not banned
Conversion therapy is not banned.
Details
Sources:
database.ilga.org/morocco-lgbti
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Equal age of consent in Western Sahara

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Equal age of consent in Western Sahara is n/a.

Current status
N/A
The age of consent is 13 regardless of sexual orientation, although homosexuality is illegal.
Details
Sources:
www.standardmedia.co.ke/art…
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LGBT Rights by Province

View the LGBT laws in each individual province of Western Sahara.

    Equality Index ?
    14 / 100
    Legal Rights
    14 / 100
    This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Western Sahara to help improve its accuracy.
    #271
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    Compare Western Sahara

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    Alternative names: As-Sahrawiya (local name)

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