Criminalising Homosexuality and Understanding the Right to Manifest Religion

Criminalising Homosexuality and Understanding the Right to Manifest Religion

This briefing note covers three points of connection between religion and the criminalisation of homosexuality. First, it looks at the origins of today’s laws that criminalise consensual same-sex intimacy. Secondly, it examines whether, as a matter of international human rights law, adherence to religious doctrine has any bearing on whether the state is permitted to criminalise homosexuality. The third part of this note then sets out statements from religious leaders confirming that the state has no business criminalising homosexuality.

Criminalising Homosexuality and International Human Rights Law

Criminalising Homosexuality and International Human Rights Law

This note explores how laws that criminalise homosexuality contravene international law. Criminalisation infringes upon the rights to privacy, non-discrimination and dignity, and may amount to inhuman and degrading treatment. These rights are included in various international and regional treaties, through which states have taken on binding obligations to uphold these rights for everyone within their jurisdiction.

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