LGBT rights in Armenia

LGBT rights in Armenia
Location of  LGBT rights in Armenia  (green) in Europe  (dark grey)  –  [Legend]
Same-sex sexual activity legal?	Male legal since 2003[1]
Gender identity/expression	-
Military service	Gays and lesbians are not allowed to serve openly
Discrimination protections	No law prohibiting discrimination based on sexual orientation
Family rights
Recognition of relationships	No recognition of same-sex relationships
Adoption	Same-sex couples are not allowed to adopt

Lesbian, gay, bisexual, and transgender (LGBT) rights in Armenia have yet to be claimed and acquired.

Homosexuality has been legal in Armenia since 2003.^[1] However, even though it has been decriminalized, the situation of local lesbian, gay, bisexual, and transgender (LGBT) citizens has not changed substantially.

Homosexuality remains a taboo topic in parts of Armenian society. There is, moreover, no legal protection for LGBT persons whose human rights are violated regularly.^[2][3]

Many fear violence in their workplace or from their family, and therefore, do not file complaints of human rights violations or of criminal offences.^[4]

History

Although same-sex relationships were common in ancient Armenia″The author expresses his own non-scientific view on issue.The whole paragraph lacks any background.″ influenced by Hellenistic, Persian and Roman cultures,^{[citation needed]} after Christianity became the official religion of the Kingdom of Armenia in 301 A.D., the popular perception of homosexuality has shifted towards rejection and negative beliefs.

Even though there is not much written documentation available on the issue of homosexuality in the Armenian history, however some sources ″without citations the statements are irrelevant″ provide arguments allowing to conclude that it was widely ″highly questionable statement″ accepted in the past.^{[citation needed]} In the list of the most known ancient gay Armenians King Pap (circa 353 AD – 374) holds a special place. Described by religious clergy in "Buzandaran Patmutiunk" as possessed by demons he was told to indulge in hedonistic parties with his own guard.^{[citation needed]}

Although Armenia was a Byzantine vassal between the 7th and 10th centuries, it was also the cradle of the Pavlikian (or Paulician) movement.^{[citation needed]} That was a dualistic Christian sect which was opposed to the authority of the Church. Paulicians rejected the Old Testament, baptism and were described by their contemporaries as heretics and sodomites.^{[citation needed]} Empress Theodora the Macedonian killed, drowned or hanged no fewer than 100,000 Paulicians in Armenia.^{[citation needed]} Many researchers see in Paulicians the foreruners of Cathars (Albigensians) and later Protestants.^{[citation needed]}

A semi-legendary character believed to have been of Armenian origin is Sarmad, who was a Sufi poet living in India in the 17th century. He was known for espousing and ridiculing the major religions of his day,^{[citation needed]} but also wrote beautiful religious poetry in the form of rubaiyats. He is known to have wandered the streets and the courts of the emperor completely naked. A sensual and intelligent man, this renowned ascetic came to know a tragic romantic fate as he fell in love with a 14 year old Hindu boy.^[5]

Armenia remained divided under the foreign rule between the 4th and 19th centuries. After the collapse of the Ottoman and Russian Empires, the First Republic of Armenia was established in May 1918 and endured two years. Soon after the invasion of the Red Army in December 1920, the Armenian Soviet Socialist Republic was proclaimed. During the Soviet period the legislation of this country was so far dictated by Moscow. In 1936 the anti-sodomy article was introduced in the penal code to punish sexual intercourse between men. Despite the repressive law, some eminent artists were expressing their sexuality through artwork. The poet removed because of the lack of evidence and film-director Sergei Parajanov are among the most known LGBT Armenians of the Soviet era.^{[citation needed]}

Former legislation against homosexuality

Between 1920-1991 Armenia was part of the ex-USSR.

Until 2003 the legislation of Armenia followed the corresponding Section 121 from the former Soviet Union penal code, which only specifically criminalized anal intercourse between men. Lesbian and non-penetrative gay sex between consenting adults was not explicitly mentioned in the law as being a criminal offence.

The specific article of the penal code was 116, dating back to 1936, and the maximum penalty was 5 years.

The abolition of the anti-gay law along with the death penalty was among Armenia's pre-accession conditions to the Council of Europe back in 2001. In December 2002, Azgayin Zhoghov (National Assembly) has approved the new penal code in which the anti-gay article has been removed. On 1 August 2003 the President of Armenia Robert Kocharyan has ratified it bringing to an end the decades of repression against gay men in this tiny South Caucasian Republic.

There were 7 prosecutions in 1996 and 4 in 1997 under this law (Amnesty International 1999 Report on Armenia); and 4 in 1999 (Opinion of the Legal Affairs and Human Rights Committee of the Council of Europe on the accession of Armenia - Doc. 8756 - 6 June 2000).

In 2001, local human rights NGO "Helsinki Association"^[6] published via its website the story of a 20 year old Hovik Minassian.^[7]

In 1999 the young man was sentenced to 3 months of imprisonment for having sex with another man. He was the last condemned under article 116. In his testimony, he denounced prison guard abuse and mistreatment but also the corrupted judge who shortened his sentence for a $US 1000 bribe. The mediatization of his case signed the first gay "coming out" in Armenia.

The birth of a movement

Following the abolition of the law, some sporadic signs of an emerging LGBT rights movement were observed in Armenia. In October 2003, a group of 15 LGBT people gathered in Yerevan to set up an organization which was initially baptised GLAG (Gay and Lesbian Armenian Group). But after several meetings the participants failed to achieve their goal.

In the fall of 2004, prompted by the announcement of Armen Avetisyan, founder of AAU (Armenian Aryan Union), an extreme right group, that some Armenian top officials were gay, various parliament members initiated heated debates that were broadcast over the public TV channel. Members of Parliament stated that any member found to be gay should resign – an opinion shared by the Presidential Advisor for National Security, Garnik Isagulyan.^[8]

In 2007, Pink Armenia,^[9] another NGO, emerged to promote public awareness on HIV and other STI (sexually transmitted infections) prevention but also to fight the discrimination on the basis of sexual orientation.

In May 2012, Suspected "Neo Nazis" have launced two arson attacks at a lesbian-owned pub in Armenia's capital, Yerevan, since the start of the pub. Armenian News reported that in the second attack on 15 May, a group of young men arrived at the gay DIY Rock Pub around 6pm, where they burned the bar’s ‘No to Fascism’ poster and drew the Nazi Swastika on the walls (though being of Armenian descent). This rapidly followed a second attack earlier on 8 May, where a petrol bomb was thrown through the Rock Pub’s window.^[10]

Recognition of same-sex marriage

In 2006, a couple of gay Armenians from France celebrated an informal wedding ceremony^[11][12] in the Etchmiadzin Cathedral (Holy See of the Armenian Apostolic Church). The article published about this improvised marriage in "168 Zham" (168 Hours) newspaper has provoked a scandal and indignation of local conservative media outlets, politicians and religious officials.^[13]

As of today, civil unions and same-sex marriages are not recognised in Armenia and there is no public debate surrounding such legislation at the given time.

Adoption

As of today, Armenia does not allow same-sex couples to adopt children and there is no known debate surrounding such legislation at the given time.

Anti-discrimination law

Even though Armenia was the first nation in the region to endorse the UN declaration on sexual orientation and gender identity in December 2008, as of today there is no legislation protecting LGBT persons from discrimination.

Military service

According to the Helsinki Rights Committee in Armenia, in 2004 an internal defence ministry decree effectively bans gay men from serving in the armed forces. In practice, gays are marked as mentally ill and sent to a psychiatrist.^[14]

Gender identity/expression

No information available at this moment.

Living conditions

Same-sex sexual activity legal	(since 2003)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military	/
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples

See also

• Human rights in Armenia
• LGBT rights in Europe
• LGBT rights in Asia

Notes

External links

• Official website of Pink Armenia
• Official website of Menq/WFCE
• Unzipped Gay Armenia - popular blog on gay life in Armenia and Diaspora
• GALAS (Gay And Lesbian Armenian Society) in Los Angeles, USA
• AGLA NY (Armenian Gay and Lesbian Association) in New York, USA
• Мальчики не плачут (Boys Don't Cry) - article about Armenian trans men from "Lifejournal" magazine (Russian)