LGBT employment discrimination: Sexual orientation only from Oct 21, 2021 to now.
"A Namibian court has found that the constitution bans discrimination based on sexual orientation."
Section 139 of the Labour Act of 2004 repealed the Labour Act of 1992 which in Section 107 prohibited sexual orientation discrimination.
LGBT employment discrimination: Sexual orientation and gender identity from 1996 to now.
prohibition can be found in the Constitution (since 1994) and also in the Labour Relations Act of 1995, in force 11
November 1996 (http://www.info.gov.za/view/DownloadFileAction?id=70985); in the Employment Equity Act of 1998 (www.
info.gov.za/view/DownloadFileAction?id=70714; and in the Promotion of Equality and Prevention of Unfair Discrimination
Act of 2000 (www.info.gov.za/view/DownloadFileAction?id=68207)
LGBT employment discrimination: Sexual orientation only from 2008 to now.
e page 8 of the Equal Opportunities Act 2008, which prohibits discrimination in employment and other activities on
many grounds, including ‘sexual orientation
Homosexual activity: Illegal (up to life in prison as punishment) from 1995 to Jul 5, 2022.
Sexual Offences Act of 1995 (Act No. 9)
Buggery
Article 12.
“(1) A person who commits buggery is guilty of an offence and
is liable on conviction to imprisonment -
(a) for life, if committed by an adult on a minor;
(b) for fteen years, if committed by an adult on another adult;
(c) for ve years, if committed by a minor.
(2) In this section “buggery” means sexual intercourse per
anum by a male person with a male person or by a male
person with a female person.”
Serious indecency
Article 15. “(1) A person who commits an act of serious
indecency on or towards another is guilty of an offence and is
liable on conviction to imprisonment -
(a) for ten years, if committed on or towards a minor under
sixteen years of age;
(b) for ve years, if committed on or towards a person sixteen
years of age or more,
(2) Subsection (1) does not apply to an act of serious indecency
committed in private between -
(a) a husband and his wife; or
(b) a male person and a female person each of whom is
sixteen years of age or more;
(3) An act of “serious indecency” is an act, other than sexual
intercourse (whether natural or unnatural), by a person
involving the use of genital organ for the purpose of arousing
or gratifying sexual desire.”
Homosexual activity: Illegal (other penalty) from Sep 16, 1886 to 2012.
Inherited from Portuguese colonial era (amended in 1954). Articles 70 and 71(4°) provide for the imposition of
security measures on people who habitually practice
acts against nature. The security measures may include:
a bond of good behavior, being put on probation for a
certain period, or even internment in a workhouse or
agricultural colony (from 6 months to 3 years).
Homosexual activity: Illegal (imprisonment as punishment) from 1913 to now.
Penal Code of 1913: Article 230: “The masculine homosexuality and feminine homosexuality that is not covered by any of the other previous articles, is punished with imprisonment for three years” (unofficial translation)
Right to change legal gender: Legal, but requires surgery from Sep 10, 1980 to Jan 28, 2011.
Germans can change their first names and gender entry under the condition of gender-affirming surgery. Article 1 of Transsexuellengesetz (Transsexuals Act of 10 September 1980)
LGBT discrimination: Illegal from Jun 29, 2006 to now.
National law was amended in 2006 when the Treaty of Amsterdam was signed - giving all people the same rights under law.
The Federal Constitutional Court of Germany clarified in 1 BvR 2019/16 that the general right of personality (Article 2 (1) in conjunction with Article 1 (1) of the Basic Law) protects gender identity. It also protects the gender identity of non-binary people.
Article 3 (3) of the Basic Law includes non-binary people on the protection against discrimination on ground of their gender.
LGBT employment discrimination: Sexual orientation and gender identity from 2006 to now.
Due to Germany being a Federal Republic many states have had anti-discrimination laws as early as 1992. But by signing the Treaty of Amsterdam (EU) Germany amended its national anti-discrimination laws to include sexual orientation.
Serving openly in military: Legal from 2000 to now.
Article 3 (1) of the Basic Law of the Federal Republic of Germany and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms protect against unequal treatment on grounds of sexual orientation.