Lesbians, gay, bisexual and transgender (LGBT) people in South Africa enjoy the same rights as non-LGBT people. South Africa has a complex and diverse history of LGBT human rights. The legal and social status of 400,000-over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African custom, colonialism, and the residual effects of apartheid and the human rights movement that contributed to its abolition.
The post-apartheid constitution in South Africa is the first in the world to prohibit discrimination on the basis of sexual orientation, and South Africa is the fifth country in the world, and the first - and, to date, only - in Africa, to legalize same-sex weddings. Similar couples can also adopt children together, and also manage IVF care and surrogacy. LGBT people enjoy constitutional protection and legislation from discrimination in employment, the supply of goods and services and many other fields.
However, LGBT South Africa, especially those outside the major cities, continues to face several challenges, including homophobic violence (especially corrective rape), and high rates of HIV/AIDS infection.
Video LGBT rights in South Africa
Histori
Sexual intercourse between men has historically been banned in South Africa as a common law crime of "sodomy" and "unnatural sexual violations", inherited from Roman-Dutch law. The 1969 amendment to the Immorality Act prohibits men from erotic behavior when there are more than two people present. In the 1970s - 1980s LGBT activism was one of the many human rights movements in the country, with some groups dealing only with LGBT rights and others advocating a wider human rights campaign. In 1994, same-sex male behavior was legalized, same-sex behavior was never illegal (as with other former British colonies). At the time of legalization, the age of consent is set at 19 for all same-sex sexual behavior, regardless of gender. In May 1996, South Africa became the world's first jurisdiction to provide constitutional protection to LGBT people, through section 9 (3) of the South African Constitution, which prohibits discrimination on race, sex, sexual orientation and other reasons. Since December 16, 2017, all discriminatory provisions are formally revoked. This includes introducing the same age of consent at 16 regardless of sexual orientation, and all sexual offenses are defined in terms of gender-neutrality.
Era Apartheid
Under the ruling National Party in South Africa from 1948 to 1994, homosexuality was a crime punishable up to seven years in prison; the law is used to harass and ban gay South African gamers and political activists.
Despite the country's opposition, several South African gay rights organizations were formed in the late 1970s. However, until the late 1980s gay organizations were often divided on racial lines and larger apartheid political questions. The South African Gay Association (GASA), based in the central Hillbrow district of central Johannesburg, is a white-dominated organization that initially avoids taking an official position in apartheid, while the Rand Gay Organization is multi-racial and established in opposition to apartheid. In the 1987 general election in the country, GASA and the gay magazine Exit approved the National Party candidate for Hillbrow, Leon de Beer. The campaign raised tensions between LGBT activists who openly opposed apartheid and those who did not. After the election campaign, GASA refused and was replaced by the Cape Town-based Organization of Lesbians and Gays Against Oppression (OLGA).
From the 1960s to the late 1980s, South African Defense Forces forced white gay and lesbian soldiers to undergo various medical "healing" for their sexual orientation, including sex change operations. The treatment of gay and lesbian soldiers in the South African military was explored in the 2003 documentary, titled State Property .
The post-apartheid era
In 1993, the African National Congress, in the Bill of Rights, authorized legal recognition of same-sex marriage, and the Constitution temporarily opposed discrimination on the basis of sexual orientation. These provisions were deposited in the new Constitution, approved in 1996, due to South Africa's LGBT lobbying efforts. As a result, South Africa became the first country in the world to explicitly prohibit discrimination based on sexual orientation in its Constitution. Two years later, the South African Constitutional Court ruled in an important case that laws prohibiting homosexual behavior among adults personally agree to violate the Constitution.
In 1998, Parliament passed the Employment Equality Act . The law protects South Africa from labor discrimination on the basis of sexual orientation, among other categories. In 2000, similar protections expanded to public accommodation and services, with the commencement of the Promotion of Equality and Prevention of the Unfair Discrimination Act .
In December 2005, the South African Constitutional Court ruled that it was unconstitutional to prevent people of the same sex to marry when allowed to people of the opposite sex, and gave the South African Parliament one year to pass a law that would allow for the same. - union sex. In November 2006, Parliament voted 230-41 for a bill allowing same-sex civil marriage, as well as civil unions for unmarried sex couples and same-sex couples. However, civil servants and clergy may refuse to endorse similar unions. Not all members of the ANC support this new law. Former South African President Jacob Zuma is one of his most vocal opponents, claiming in 2006 that "when I was growing up, an ungqingili (Zulu term describing a homosexual) would not stand in front of me.
Maps LGBT rights in South Africa
Legal rights
The protection of LGBT rights in South Africa is based on section 9 of the Constitution, which prohibits discrimination on the basis of sex, gender or sexual orientation, and applies to Governments and private parties. The Constitutional Court has stated that the passage should also be interpreted as prohibiting discrimination against transgender people. This constitutional protection has been strengthened by the jurisprudence of the Constitutional Court and various laws passed by Parliament.
In 2012, the South African Traditional Leaders Congress (Contralesa) proposed a draft document calling for the abolition of LGBT rights from the South African Constitution. The group submitted a proposal to the Constitutional Review Committee of the National Assembly to amend section 9 of the Constitution; The committee, at the time, was led by MP Sango Patekile Holomisa, who is also president of Contralesa. The parliamentary caucus of the ruling African National Congress rejected the proposal.
Legality of same-sex sexual activity
On August 4, 1997, in the case of S v Kampher , the Cape Provincial Division at the High Court ruled that common-law sodomy crimes were inconsistent with the constitutional right to equality and privacy, and that it ceased to exist as a violation when the Temporary Constitution entered into force on 27 April 1994. Strictly speaking, this judgment applies only to sodomy crimes and not to other laws that criminalize sex between men, and that is also just a binding precedent. within the jurisdiction of the Cape court. On May 8, 1998, in the case of the National Coalition for Gay and Lesbian Equality v Minister of Justice, the Local Division of the Witwatersrand of the Court of Appeal ruled that the crime of common law of sodomy and "commission of an unnatural sexual act" Section 20A of the Sexual Breach Act , is unconstitutional. The Constitutional Court upheld this ruling on October 9 of the same year. The ruling shall apply retroactively to actions taken since the adoption of the Provisional Constitution on 27 April 1994.
Despite the decriminalization of sex between men, the age of consent laid down by the Sexual Breach Act is 19 for homosexual acts but only 16 for heterosexual acts. This was corrected in 2007 by the Criminal Code (Sexual Abuse and Related Issues) Amendment Act , which codified the law on gender-based and neutral-oriented sex offenses and established a 16 as a uniform age of consent. In 2008, even though the new law came into effect, the previous inequality was declared unconstitutional in the case of Geldenhuys v National Director of Public Prosecutions, with the verdict again retroactive since 27 April 1994..
Recognition of same-sex relations
On December 1, 2005, in the case of the Minister of Home Affairs v Fourie, the Constitutional Court ruled that it was unconstitutional for states to reject same-sex marriage couples, and gave Parliament one year to rectify the situation. On November 30, 2006, Civil Law entered into force; Although the title does provide same-sex marriage. Indeed, it allows the same and opposite sex partners to contract unions, and allows couples to choose to refer to their union as a civil marriage or partnership. Whichever name is chosen, the legal consequences are the same as under the Marriage Act (which allows only for marriage of the opposite sex).
Prior to the introduction of same-sex marriage, court decisions and laws have acknowledged same-sex partnerships fixed for certain purposes, but there is no domestic partnership registration system. Rights recognized or extended by the court include the duty of support between partners, immigration benefits, employment and pension benefits, joint adoption, parental rights for children conceived through artificial insemination, claims for loss of support when a partner is killed by negligent, and intestate inheritance. The rights extended by law include protection of domestic violence and the right to family responsibilities go.
Protection of discrimination
The Constitution prohibits all unfair discrimination on the basis of sex, sex or sexual orientation, whether committed by the Government or by private parties. In 2000, Parliament endorsed the Unity Fair Discrimination and Prevention Act (PEPUDA), which reiterated the constitutional ban and established a special Justice Tribunal to address discrimination by private parties. The Equal Employment Act and Housing Rental Act specifically prohibits discrimination in employment and housing, respectively.
PEPUDA also prohibits hate speech and harassment based on one of the forbidden discrimination reasons. South Africa does not have laws that oblige the increase in penalties for hate crime, but homophobic hatred has been treated by the court as a burden of punishment.
Prevention and Countermeasures of Hate Spam and Speech Hate Speech
The Prevention and Fight of Hate Crime and Hate Speech, pending in the South African Parliament, will prohibit the crime of hatred and hate speech on the ground of race and sexual orientation, inter alia, if passed. The public consultation on the bill was held between October and December 2016. Many legal experts believe that the bill is unconstitutional for violating freedom of speech. Human Rights Watch also expressed concerns, saying that the bill was too vague and threatened free speech. Thus, the provisions relating to hate speech are significantly changed. The bill now reads: "The qualification criteria for hate speech must now include a clear intention to be dangerous or to trigger danger or promote or spread hatred based on age, albinism, birth, color, culture, disability, ethnic or social origin, gender or gender identity, HIV status, language, nationality, migrant or refugee status, race, religion or gender, including intersex or sexual orientation ". The Cabinet approved the bill in March 2018. Now must pass both chambers of Parliament before it becomes law.
National Intervention Strategy for LGBTI Sector
In August 2011, the Department of Justice established a National Task Force (NTT) to deal with hate crimes against LGBT people. In April 2014, Justice Minister Jeff Radebe launched the National Intervention Strategy for the LGBTI Sector developed by NTT to address sexual violence and gender-based violence against community members. NTT has set up rapid response teams to deal with unsolved criminal cases as an urgent issue and produce an information pamphlet with frequently asked questions about LGBTI people. Radebe stated that the Justice Department recognizes the need for a special legal framework for hate crime and that this issue will be the subject of public debate.
Adoption and parenting
A number of High Court decisions have determined that the sexual orientation of parents is not a relevant issue in the decision on child custody. In 2002, the Constitutional Court ruling in Du Toit v Minister of Welfare and Population Development gave same-sex couples the same adoption rights as married couples, allowing couples to adopt children together and allowing one partner to adopt other children. The adoption law has been superseded by the Children's Act, 2005, which allows adoption by spouses and by "partners in a permanent household life partnership" regardless of orientation.
In 1997, artificial insemination, previously restricted to married women, was made legal for single women including lesbians. In the 2003 case of the Director General, the Ministry of Home Affairs, the Constitutional Court ruled that a child born by artificial insemination for a lesbian couple is considered valid, and that a partner not a biological parent entitled to be considered a parent natural and recorded on the child's birth certificate.
Military services
LGBT people are allowed to serve openly in the South African National Defense Force (SANDF). In 1996, the Government adopted the White Paper on National Defense, which included a statement that, "In accordance with the Constitution, the SANDF will not discriminate against its members on the basis of sexual orientation." In 1998, the Department of Defense adopted a Policy on Opportunity the Same and Affirmative Means, where recruits may not be questioned about their sexual orientation and the Defense Force is officially not interested in their legitimate sexual behavior. member. In 2002, SANDF expanded its medical and retirement facilities to "partners in a permanent lifetime partnership".
Gender transition law
The Sex Descriptions and Sex Status Changes allow people to apply for their sex status changed in the population registry, and consequently to receive identity and passport documents that indicate their new gender. The law requires that the person undergo medical treatment or surgery. Hormone replacement therapy is sufficient and genital replacement surgery is not required.
A number of Labor Court rulings have been found against employers who treat employees who experience gender transition.
Blood donor
Men who have sex with men are allowed to donate blood, but any prospective donor who has had a new sexual partner (any gender) in the last six months is suspended from donations.
Housing conditions
In 1998, the leader of the National Party later rejected the allegation that he had paid a man for sex, declaring that he was a Boerseun (peasant boy), implying that homosexuality was not something to be found among Afrikaners. The South African gay rights organization has called for an apology.
There are a number of cases where gay women become victims of murder, beatings or rape. This has been suggested, in part, because of the perceived threat they posed to traditional male authorities. South Africa has no specific hate crime laws; human rights organizations have criticized South African police for failing to address the issue of biased crimes. For example, the ActionAid NGO has condemned ongoing legal immunity and has accused the government of turning a blind eye to lesbian killing reported in homophobic attacks in South Africa; and so-called corrective rape, including cases among students, in which cases of male rapists confessing to raping lesbian victims in order to heal themselves from their sexual orientation.
In May 2011, Professor Juan Nel told Amnesty International that according to a study of three of the nine provinces in South Africa, gay men were victims of homophobic sexual assaults as often as gay women, and suggested that less reported by male victims and the media had created the perception that they are less at risk of crime. Like women victims, unrelated gay men are perceived to be at the greatest risk of violence, and activists have accused police of negligent handling of incidents, including a series of nine allegations related to gay male murders between 2010 and 2013.
Despite occasional homophobic incidents, gay people in large urban areas, such as Johannesburg, Pretoria, Durban and Cape Town, are quite welcome, and all of these cities have gay nightlife that is growing rapidly. Cultural, artistic, sports, and outdoor activities play a major role in South African gay life everyday. The annual Gay Pride event is held in Cape Town, Johannesburg, Durban and Pretoria (established in 2013). Small towns like Bloemfontein, Polokwane, Port Elizabeth, East London, Pietermaritzburg and Knysna, also serve gay people. Knysna hosts the annual pink Mardi Gras Loerie, which attracts gay people from all over the country.
Depiction and representation in the media and community
Television and movies produce programs that also focus on gay life.
Soap operas seem to be a space that features LGBT life, some of the more famous are the long-running soap operas and now Egoli featuring long-term homosexual relationships.
SABC 1 has shown itself as a relative representative of the LGBT community in South Africa in its programming. Sitkom Kota Ses Top La features gay characters in which Warren Masemola receives SAFTA Awards. One of the highest rated soap operas in SABC 1 to feature LGBT characters, and noted for it, is Generation , with Star-crossed Senzo lovers (played by Thami Mngqolo) and Jason; who later married and had children. In the current reincarnation of soap opera as Generation: The Legacy there is the character of transgender woman with the name of Wandile and her host of friends and colleagues of LGBT. Telenovela Uzalo also features a gay character named GC, who is involved in a church dispute about his sexuality, illustrating the rural and urban demographic perceptions of sexuality in South Africa. This channel has also seen other successes in events with LGBT characters such as Communities ; Intersexions ; and After 9 among others. Other soap operas to feature LGBT main characters are: Steve (played by Emmanuel Castis) is gay in Isidingo: The Need ; Thula (played by Wright Ngubeni) is gay in Rhythm City ; Jerome (played by Terrence Bridget a gay actor) is gay in Laan ; Scandal also has Jaco's main character in his first few seasons. The Magic Telenovela Mzansi 2016 The Queen features Sello Maake ka Ncube that plays gay characters.
Politics, law and activism
The LGBT community in South Africa has a diverse history of activism and representation in civil society and all that pertains to social justice and human rights struggles as celebrated in February through LGBT history month: Edwin Cameron and Kathy Satchwell became the leading Constitutional judges of the African Court South and High Court of South Africa respectively, including prominent legal scholar Pierre de Vos.
There are active and visible LGBT student organizations in South African universities, including: University of Witwatersrand, University of Cape Town, Stellenbosch University, University of Johannesburg and University of the Western Cape, among others.
Simon Nkoli, Zackie Achmat, Funeka Soldaat are some of the more prominent social justice and LGBT activists.
Pink sound
There is also scattering of LGBT politicians in the South African Parliament and cabinet: In the ANC Cabinet and Jacob Zuma, Minister of Public Company Lynn Brown. In the Official Opposition of the Democratic Alliance there are Zakhele Mbhele, Shadow Defense Minister, Mike Waters, Marius Redelinghuys and Shadow Minister of Labor, Ian Ollis.
LGBT tourism
South Africa, due to its reputation as the most gay-friendly destination in Africa, attracts thousands of LGBT travelers each year. Official South African Tourism website offers deep travel tips for gay travelers. Homosexual friendly places are located throughout South Africa and can be found on various gay travel websites.
Pink Rand
LGBT professionals are employed in large companies across the country. LGBT people are also targeted through various marketing campaigns, as the business world recognizes the value of Pink Rand. In 2012, Lunch Box Media conducts market research (Gay Consumer Profile) which finds LGBT market to reach about a little over 4 million people.
Religion
Leading religious leaders have voiced their support for the South African LGBT community. At South African Anglican Church Archbishop Emeritus in Cape Town Desmond Tutu and Cape Town Archbishop Thabo Makgoba at this time, and Dr. Allan Boesak of the United Reform Church is a supporter of gay rights vocals in South Africa. Even the conservative Dutch Reformed Church decided that gay members should not be discriminated against and could hold certain positions within the church. However, much criticism of the church still exists; the court has decided against the church congregation for dismissing a gay musician; this issue provoked an uproar from the gay community and among the liberals.
Public opinion
Although the constitutional and legal systems in South Africa theoretically ensure equality, social acceptance is generally lacking, especially outside the urban areas of the eastern part of the country. A 2008 survey found that 84% of South Africans say homosexual sexual behavior is always wrong, compared with 8% who say that it is not wrong at all. In the 2013 survey, 61% said people should not accept homosexuality.
However, a major study conducted by "Another Foundation" and titled Progressive Prudes painted a more complex picture of South African public opinion against LGBT people. While 72% reported believing that same-gender sexual activity was morally wrong, 55% indicated they would "accept" a gay family member and 51% expressed their belief that "gay people should have the same human rights as all other citizens". The survey found that, with a 2: 1 ratio, South Africans support retaining existing constitutional protections against gays. Those who "strongly disagree" by allowing equal civil marriage rights to same-sex couples dropped to just 23%.
A large survey released by Afrobarometer in 2016 suggested South Africa had the second most tolerant outlook on African gay neighbors, after Cape Verde, with 67% of those surveyed reported that they would "like, rather like it or not care" if they live next to same-sex couples. This is in contrast to the African average of 21% and the lowest only 3% in Senegal and 5% in Uganda and Niger.
According to an ILGA poll conducted by 677 people, 67% of South Africans agree that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 17% disagree. In addition, 72% agreed that they should be protected from discrimination at work. 24% of South Africans, however, say that people who are in same-sex relationships should be accused of being criminals, while a majority of 57% disagree. As for transgender people, 72% agree that they should have equal rights, 74% believe they should be protected from employment discrimination and 64% believe they should be allowed to change their legal sex.
In addition, according to the same poll, 9% of South Africans will try to "change" the sexual orientation of neighboring men if they find him gay, while 72% will accept and support him. 8% will try to "change" the sexual orientation of a neighboring woman, while 76% will accept it as it is.
Summary table
See also
- Human rights in South Africa
- Intersex Rights in South Africa
- LGBT event in South Africa
- Rights of LGBT in Africa
References
Further reading
- "Frequently Asked Questions about Sexual Orientation & Gender Identity for Individuals, Families and Communities" (PDF) . Department of Justice . Retrieved July 30 2014 .
External links
- Triangle Project
- Durban Lesbian and Gay Community Health Center
- The Constitutional Court - "Gay rights and lesbian"
- Lesbian & amp; Gay Equality Project
- South African Gay and Lesbian Archive
- Decision of the Constitutional Media on Decision
Source of the article : Wikipedia
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