LGBT rights in Armenia

LGBT rights in Armenia 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]

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 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"[5] published via its website the story of a 20 year old Hovik Minassian.[6]

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.[7]

In 2007, Pink Armenia,[8] 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. This rapidly followed a second attack earlier on 8 May, where a petrol bomb was thrown through the Rock Pub’s window.[9]

Recognition of same-sex marriage

In 2006, a couple of gay Armenians from France celebrated an informal wedding ceremony[10][11] 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.[12]

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.[13]

Gender identity/expression

No information available at this moment.

Summary table

Same-sex sexual activity legal (Since 2003)
Equal age of consent (Since 2003)
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
MSM allowed to donate blood

See also

Notes

External links