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Why do some countries have the death penalty but do not actually carry it out? The reasons behind this are surprising!
Globally, there are huge disparities in the protection of LGBTQ (gay, lesbian, bisexual, transgender and other gender minorities) human rights, ranging from legalizing same-sex marriage to imposing the death penalty on homosexuality. law. According to data from June 2023, only 37 countries recognize same-sex marriage, while Iran and Afghanistan are believed to be the only two countries that impose the death penalty for consensual sex.
The death penalty is legal but not usually carried out in some countries, such as Mauritania, Saudi Arabia and the United Arab Emirates.
In addition, LGBTQ people face the threat of extrajudicial executions in places like Chechnya in Russia. In 2020, Sudan abolished the outstanding death penalty for anal sex, whether heterosexual or homosexual. Surprisingly, a 2022 study found that increased LGBT rights were directly correlated to a decrease in HIV/AIDS rates within the gay community.
Legal Scope
The scope of laws that affect the LGBT community is wide, including but not limited to:
- Legal recognition of same-sex relationships, including marriage, civil unions and partnerships
- Laws related to same-sex parenting, including adoption by same-sex couples
- Anti-discrimination laws, covering employment, housing, education, etc.
- Anti-bullying legislation to protect LGBT students on campus
- Hate crime laws that increase penalties for violence based on sexual orientation
Some countries still have laws against same-sex sexual behavior, such as felony obscenity laws and legal recognition and protection of technical treatment for transgender people.
How ancient laws treated LGBT
Looking back at history, the laws in ancient India, Israel, Assyria, and Rome had different attitudes towards same-sex sexual behavior. For example, in ancient India, although there were laws punishing various types of non-vaginal intercourse, homosexual behavior was relatively lightly punished. In ancient Israel, the Mosaic Law prohibited same-sex behavior and explicitly stated that it was punishable by death.
Ancient Rome did not recognize homosexual marriage, but there is a lot of evidence that some male couples even performed traditional marriage ceremonies.
During the British colonial period, anti-homosexuality laws were established in almost all of its colonies, and these laws still exist in many former colonies today.
Assessing LGBT rights internationally
The latest 2023 Equality Index shows that Nordic countries, Chile, Uruguay and Canada are ranked as the countries with the best LGBT rights, while Nigeria, Yemen and Iran are among the worst. Such a clear contrast makes it helpful to think about the structural reasons behind it.
In 2023, Asher & Lyric's report ranked Canada, Sweden and the Netherlands as the safest countries for LGBT people.
Future Outlook
With the advancement of international human rights law and the change of social concepts, laws and guidelines for protecting LGBT human rights have gradually been promoted. The United Nations adopted its first formal resolution on LGBT rights in 2011, demonstrating the international community's growing attention to the issue.
However, the fact that the death penalty still exists in so many countries and the reasons why it is not actually carried out are still worthy of our deep reflection and discussion. What kind of social psychology and historical factors are behind these laws?
