Criminalization of same-sex relations and forced migration in the 21st century. Contemporary legal and socio-political perspectives

Abstract

Consensual same-sex relations between grown-ups are still illegal in almost a third of the United Nations member states. Laws criminalizing homosexuality reinforce systemic discrimination against gay men and women, and bisexuals, as well transgender people. The relevant applied penal codes are internationally known as sodomy laws. Arrests based on sexual orientation accusations, rumors of sexual behavior, or objections to gender presentation may result in torture or other forms of ill- treatment. Consensual same-sex actions or diverse gender expressions, and other less specific provisions, may lead individuals in a life-threatening situation in some legal systems”.The present postgraduate thesis attempts to examine this issue, which is a reality not only for those who live in ‘traditional’ communities but also for individuals seeking asylum after fleeing harsh environments. Claims that law is rarely enforced are insufficient to render a country secure for those who are still at risk of persecution. Survivors of human rights atrocities may be denied reparation and have no legal recourse. These people frequently decide to flee their home countries and move in pursuit of a better life to another country since they are constantly afraid about their personal safety. Even in 2022, there are some United Nations member States that punish homosexual behavior with the death penalty and many more that impose sanctions such as imprisonment or financial sanctions. The prosecution of homosexuality does not prevent nor is the only obstacle to full equality. Decriminalization is a vital step toward respecting, protecting, and realizing the human rights of lesbians, homosexuals, bisexuals, and transgender people, albeit it is not the full solution. Moreover, it is crucial to acknowledge the improvements made in the international protection of these human rights in Europe and around the world.