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Public Opinion

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History

Homosexual activity in Wādī al Ḩayāt

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Homosexual activity in Wādī al Ḩayāt is illegal (imprisonment as punishment).

Current status
Since Nov 18, 1953
Illegal (imprisonment as punishment)
Articles 407 and 408 of the Penal Code of 1953 criminalize homosexuality.

Article 407 criminalizes “illicit sexual intercourse” with up to 5 years in prison, and Article 408 criminalizes anyone who ‘commits an indecent act with a partner with his consent’ with imprisonment.
Details
Sources:
clr.africanchildforum.org/L…
www.humandignitytrust.org/c…
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Dec 24, 1951–Nov 17, 1953
Legal
In 1951, Libya gained independence from Italy. However, it did not adopt a penal code until 1953, so homosexuality was legal during the interim.
Details
Sources:
www.embassyoflibyadc.org/ne…
clr.africanchildforum.org/L…
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1911–Dec 23, 1951
Ambiguous
In 1911-1912, Italy annexed Libya. Although Italy had legalized homosexuality in 1890, its control and governance over certain parts of Libya, especially regions in the Sahara Desert, were considered “long-term challenges.” As such, the legality of homosexuality during this time period can best be described as ambiguous.
Details
Sources:
www.ebsco.com/research-star…
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Same-sex marriage in Wādī al Ḩayāt

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Same-sex marriage in Wādī al Ḩayāt is banned.

Current status
Banned
In Libya, marriage is defined as between a man and a woman, and same-sex couples are granted no legal recognition.
Details
Sources:
www.stackcache.io/africa/li…
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Censorship of LGBT issues in Wādī al Ḩayāt

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Censorship of LGBT issues in Wādī al Ḩayāt is imprisonment as punishment.

Current status
Since Nov 18, 1953
Imprisonment as punishment
Article 421 of Libya's Penal Code prohibits "indecent acts and articles" with imprisonment of up to one year or a fine of up to 50 pounds.

Law No. 11, which Libya adopted in 2016, forbids actions “contrary to public morals and the provisions of Islamic law”.

These laws are commonly used to detain suspected LGBTQ+ individuals.
Details
Sources:
clr.africanchildforum.org/L…
www.state.gov/wp-content/up…
database.ilga.org/api/downl…
libyaobserver.ly/inbrief/se…
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Nov 24, 1951–Nov 17, 1953
No censorship
In 1951, Libya gained independence from Italy. However, it did not adopt a penal code until 1953, so there were no known laws censoring LGBTQ+ topics during the interim.
Details
Sources:
www.embassyoflibyadc.org/ne…
clr.africanchildforum.org/L…
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1911–Nov 23, 1951
Imprisonment as punishment
In 1911-1912, Italy annexed Libya. Under Mussolini's Fascist rule, LGBTQ+ topics were heavily censored, and in Italy, "[h]undreds of ordinary citizens were sent into confinement just because of their homosexuality."
Details
Sources:
www.etd.ceu.edu/2010/andits…
www.ebsco.com/research-star…
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Right to change legal gender in Wādī al Ḩayāt

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Right to change legal gender in Wādī al Ḩayāt is illegal.

Current status
Illegal
Transgender individuals are not able to change their legal gender.
Details
Sources:
www.state.gov/reports/2023-…
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Gender-affirming care in Wādī al Ḩayāt

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Gender-affirming care in Wādī al Ḩayāt is banned.

Current status
Banned
Gender-affirming care is inaccessible in Libya.
Details
Sources:
cairo52.com/countries/libya/
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Legal recognition of non-binary gender in Wādī al Ḩayāt

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Legal recognition of non-binary gender in Wādī al Ḩayāt is not legally recognized.

Current status
Not legally recognized
There is no legal gender recognition provided to nonbinary or intersex people in Libya.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT discrimination in Wādī al Ḩayāt

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LGBT discrimination in Wādī al Ḩayāt is no protections.

Current status
No protections
There are no protections from discrimination provided to LGBTIQ+ people in Libya.
Details
Sources:
www.libyanconstitutionaluni…
www.state.gov/reports/2023-…
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LGBT employment discrimination in Wādī al Ḩayāt

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LGBT employment discrimination in Wādī al Ḩayāt is no protections.

Current status
No protections
There are no protections from discrimination in employment provided to LGBTIQ+ people in Libya.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT housing discrimination in Wādī al Ḩayāt

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LGBT housing discrimination in Wādī al Ḩayāt is no protections.

Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Libya.
Details
Sources:
www.state.gov/reports/2023-…
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Same-sex adoption in Wādī al Ḩayāt

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Same-sex adoption in Wādī al Ḩayāt is n/a.

Current status
N/A
In Libya, adoption, as understood in many Western contexts, is prohibited for everyone.
Details
Sources:
generisonline.com/understan…
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Intersex infant surgery in Wādī al Ḩayāt

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Intersex infant surgery in Wādī al Ḩayāt is not banned.

Current status
Not banned
There is no ban on surgeries performed on intersex infants in Libya.
Details
Sources:
database.ilga.org/libya-lgbti
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Serving openly in military in Wādī al Ḩayāt

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Serving openly in military in Wādī al Ḩayāt is don't ask, don't tell.

Current status
Don't Ask, Don't Tell
Libya does not explicitly ban LGBTQ+ individuals from serving in the military. However, homosexuality is criminalized, so serving openly is not possible.
Details
Sources:
wri-irg.org/fr/programmes/w…
clr.africanchildforum.org/L…
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Blood donations by MSMs in Wādī al Ḩayāt

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Blood donations by MSMs in Wādī al Ḩayāt is legal with restrictions.

Current status
Legal with restrictions
On Libya’s blood donation page, it states that donations from men who have sex with men are restricted due to the risk of HIV. However, on the page that lists when blood donation is prohibited, MSM are not listed.
Details
Sources:
dm.ly/about.php#form
dm.ly/faq.php#form
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Conversion therapy in Wādī al Ḩayāt

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Conversion therapy in Wādī al Ḩayāt is not banned.

Current status
Not banned
Libya does not have a ban on conversion therapy that seeks to change an individual’s sexual orientation or gender identity
Details
Sources:
ilga.org/downloads/ILGA_Wor… (page 325)
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Equal age of consent in Wādī al Ḩayāt

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Equal age of consent in Wādī al Ḩayāt is n/a.

Current status
Since Dec 24, 1951
N/A
From 1951 until 1953, Libya did not have a penal code. As such, there was technically no legal age of consent for any sexual activities.

From 1953 onward, homosexuality has been explicitly illegal, so there exists no legal age of consent for homosexual sex.
Details
Sources:
www.embassyoflibyadc.org/ne…
clr.africanchildforum.org/L…
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1911–Dec 23, 1951
Ambiguous
From 1911 until 1951, the legality of homosexuality was considered to be ambiguous. As such, the legal age of consent for homosexual sex is also considered to be ambiguous.
Details
Sources:
www.ebsco.com/research-star…
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Equality Index ?
13 / 100
Legal Rights
7 / 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 Wādī al Ḩayāt to help improve its accuracy.

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