Connect with us

World

Out in the World: LGBTQ news from Europe, Asia, and Oceania

European Court of Human Rights rules Switzerland cannot deport gay Iranian refugee

Published

on

(Los Angeles Blade graphic)

SWITZERLAND

The European Court of Human Rights has ruled that Switzerland cannot deport a gay Iranian refugee claimant, finding that the state’s argument that he’d be safe as long as he’s discreet is not reasonable. 

The decision, which was delivered Nov. 12, applies to all 46 members of the European Convention on Human Rights. 

The Swiss government acknowledged that the refugee claimant, known in the case as M.I., was a gay man and that gay men face persecution from state and non-state actors in his country of origin, Iran. But Switzerland had denied M.I.’s asylum claim, arguing that he could avoid persecution by using discretion and restraint in expressing his sexuality and that it was unlikely his sexual orientation would become known to Iranian authorities otherwise.

The court found this reasoning wrong, noting that M.I.’s sexual orientation could be discovered if he were deported to Iran, and the state had not addressed whether Iranian authorities would provide him with protection against ill-treatment. The court ordered Switzerland to reconsider M.I.’s claim in light of the lack of this protection. 

Homosexuality is illegal in Iran, with penalties including beatings and death. The court ruling notes that given criminalization of homosexuality, it is unreasonable to assume that an LGBTQ person can seek protection from authorities in Iran. 

Jacqueline McKenzie, a lawyer who represented Stonewall UK and African Rainbow Family in their intervention in the case, calls the decision a “watershed” that would help ensure protection for LGBTQ asylum seekers across Europe.

“I am delighted for not just my clients, Stonewall and African Rainbow Family, but for all gay people who continue to face the threat of removal to several countries where gay sex is prohibited by law and penal codes, and where in some instances, punishable by death, on the basis that they can be discreet about their sexuality,” McKenzie says in a statement.

“This is a watershed ruling that puts an end to the reasoning that it is safe to return gay men who are discreet about their sexuality to countries where they would be in danger if their sexuality were to be discovered.” 

ROMANIA

An LGBTQ activist is making history as the first openly queer person to run for parliament in upcoming elections set for Dec. 1.

Florin Buhuceanu is running for the liberal Renewing Romania’s European Project Party (REPER), a minor party that splintered from the Save Romania Union two years ago and currently holds 10 seats in the 330-seat lower house.

He says he’s running to advance LGBTQ rights, including the recognition of same-sex unions, which all political parties in Romania have refused to do so far.

Buhuceanu has a history of advocacy on same-sex couples’ rights. In 2019, he and his partner of 10 years joined 20 other couples in suing the government at the European Court of Human Rights over Romania’s refusal to recognize same-sex couples. Last year, they won their case, and Romania was ordered to recognize same-sex couples in a decision that set an important precedent continent-wide. 

But more than a year later, nothing has changed in Romania, because politicians have lacked the will to implement civil unions in the deeply conservative country. Buhuceanu says the lack of progress threatens democracy and rule of law.

“It’s sad that Romanian politicians are so lacking in courage to look around them and open up their eyes to the realities that are under their nose,” Buhuceanu told the news outlet Context. “This issue cannot be separated from what’s going on with the democracy status of Romania. It’s inconceivable to have final judgments that are not respected immediately.”

Buhuceanu also helped organize Romania’s first gay pride festival and led Accept, the country’s leading LGBTQ advocacy group. Buhuceanu and his partner also curate an LGBTQ history museum in their home in Bucharest, which is open to the public on weekends.

He says he’s running for parliament to drive change for the LGBTQ community.

“It’s the only community I’m aware of with zero political representation and this has to change,” Buhuceanu says. “We cannot wait, we should mobilize our people to occupy as many positions as possible. Otherwise, the anti-gender movement, these extreme political parties, will try to occupy the vacuum we have produced.”

JAPAN

A man is suing the Japanese government after a judge barred him from wearing rainbow-colored socks to a court hearing on same-sex marriage last year.

Ken Suzuki was wearing the rainbow-patterned socks when he attempted to observe the same-sex marriage trial in Fukuoka District Court in June 2023. He says he was told by court officials to hide the rainbow pattern ahead of the trial, and was only admitted after he folded the pattern inward, obscuring it.

He’s now joined two other individuals who were ordered to change or hide clothing with various expressions before attending other unrelated cases in a case before the Tokyo District Court seeking 3.3 million yen (approximately $21,000) in damages. 

Suzuki claims that the court overstepped its authority to maintain order by requiring that he remove the socks, as they did not disrupt the court proceedings. He also says the order was inconsistent, as he was able to wear the socks without issue while attending a different same-sex marriage trial at the Tokyo District Court. 

Several courts across Japan are weighing the rights of same-sex couples. Five of six lower courts that have heard same-sex marriage cases have ruled that the ban on same-sex marriage violates the constitution, as have two superior courts that have heard challenges. Further court hearings are expected in superior courts, and eventually at the Supreme Court. 

VANUATU

Vanuatu’s parliament has amended its marriage laws to explicitly ban same-sex marriage, amid a new crackdown on LGBTQ people in the South Pacific island nation. 

Prior to passage of the marriage law amendment, Vanuatu’s Marriage Act neither explicitly forbade nor permitted same-sex marriage. The new law now states that same-sex marriages may not be registered in Vanuatu.

Interior Minister Andrew Napuat told Radio New Zealand the law expresses the government’s opposition to LGBTQ couples. He also threatened anyone who attempts to conduct a same-sex marriage with revocation of their license.

“When the law was passed (Nov. 14), it made clear the government’s full intention, along with our leaders, that every pastor who performs marriage ceremonies must understand that they cannot conduct a ceremony that is against the law and expect it to be registered,” Napuat says.

“If anyone conducts a marriage that does not follow the spirit of the law passed today and seeks our registration, his or her license will be revoked to prevent further marriages. This applies to religious, civil, or traditional ceremonies.” 

Earlier this month, the Justice and Community Services Ministry announced it was forming a committee to draft a national policy banning LGBTQ advocacy in Vanuatu. 

The proposed crackdown comes after the president of Vanuatu’s Council of Traditional Chiefs said the activities of the country’s LGBTQ advocacy group VPride threaten traditional values and Christian beliefs.

While Vanuatu is a deeply conservative country, same-sex activity has never been illegal since independence from Britain and France in 1980.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Cuba

Cuban lawmakers to consider simplifying process for trans people to change IDs

National Assembly in July will reportedly debate proposal

Published

on

A transgender Pride flag flies over Mi Cayito, a beach east of Havana. (Washington Blade photo by Michael K. Lavers)

Cuban lawmakers are reportedly poised to consider a proposal that would allow transgender people to legally change the gender marker on their ID documents without surgery.

Cubadebate, a government-run website, on May 11 referenced the proposal in an article about an International Day Against Homophobia, Biphobia, and Transphobia march in Havana that the National Center for Sexual Education organized.

Mariela Castro, the daughter of former Cuban President Raúl Castro who spearheads LGBTQ issues on the island, is CENESEX’s director.

Cubadebate notes the National Assembly in July will consider an amendment to the country’s Civil Registry Law that “for the first time would allow citizens to determine the sex on their identification cards without the need for a court order or gender assignment surgery.”

Argentina, Uruguay, Germany, and Malta are among the countries that allow trans people to legally change their name and gender without surgery.

Cuba’s national health care system has offered free sex-reassignment surgery since 2008, but activists who are critical of Mariela Castro and CENESEX have said access to these procedures is limited. Mariela Castro, who is also a member of the National Assembly, in 2013 voted against a measure to add sexual orientation to Cuba’s labor code because it did not include gender identity.

The Cuban constitution bans discrimination based on sexual orientation and gender identity, among other factors. Authorities routinely harass and detain activists who publicly criticize the government.

Continue Reading

Chile

Chilean lawmakers back report that calls for suspension of program for trans children

Country’s first transgender congresswoman condemned May 15 vote

Published

on

LGBTQ activists criticized Chilean lawmakers who endorsed a report that calls for the suspension of a program for transgender and nonbinary children. (Photo courtesy of Fundación Iguales)

The Chilean Chamber of Deputies on May 15 approved a report that recommends the immediate suspension of a program that provides psychosocial support to transgender and gender non-conforming children and adolescents and their parents.

The 56-31 vote in favor of the Investigation Commission No. 57’s recommendations for the Gender Identity Support Program sparked outrage among activists in Chile and around the world. Six lawmakers abstained.

The report proposes the Health Ministry issue a resolution against puberty blockers, cross-hormonalization, and other hormonal treatments for minors, regardless of whether they have been diagnosed with gender dysphoria. The report also suggests Chilean educational institutions should not respect trans students’ chosen names.

The report, among other recommendations, calls for a review of the background of all minors who are currently receiving hormone treatments. The report also calls for the reformulation of hormone therapy guidelines and sending this background information to the comptroller general.

Report ‘sets an ominous precedent’

Frente Amplio Congresswoman Emilia Schneider, the first trans woman elected to the Chilean Congress and a member of the commission, sharply criticized her colleagues who voted for the report.

“Today in the Chamber of Deputies the report of hatred against trans people was approved; a report that seeks to roll back programs so relevant for children, for youth, such as the Gender Identity Support Program; a program that, in addition, comes from the government of (the late-President) Sebastián Piñera,” Schneider told the Washington Blade. ”This is unacceptable because the right-wing yields to the pressures of the ultra-right and leaves the trans community in a very complex position.”

Schneider noted “this report is not binding; that is, its recommendations do not necessarily have to be taken into account, but it sets an ominous precedent.” 

“We are going backwards on such basic issues as the recognition of the social name of trans students in educational establishments,” she said.

Ignacia Oyarzún, president of Organizing Trans Diversities, a Chilean trans rights group, echoed Schneider’s criticisms. commented to the Blade. 

“We regret today’s shameful action in the Chamber of Deputies, where the CEI-57 report issued by the Republican Party was approved in a context of lies, misinformation and misrepresentation of reality,” Oyarzún told the Blade. “This only promotes the regression of public policies and conquered rights that have managed to save the lives of thousands of children in the last time.” 

Oyarzún added the “slogan ‘children first’ proves to be an empty phrase without content used by those who today promote measures that push to suicide a significant number of children for the fact of being trans.”

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group known by the acronym Movilh also condemned the approval of the report, calling it “transphobic” and accusing the commission of omitting the opinions of organizations and families that support the current policies. 

Movilh notes lawmakers approved both the Gender Identity Law and Circular 812, which promotes respect for trans students’ rights, within the framework of an agreement with the Inter-American Commission on Human Rights.

“The text of the approved report is scandalous, because it seeks to take away the access to health to trans minors, including denying them the psychosocial accompaniment that also includes their respective families,” said María José Cumplido, executive director of Fundación Iguales, another Chilean LGBTQ advocacy group. “Likewise, it attempts against school inclusion, since it intends to eliminate something as essential as the use of the social name in educational spaces. In short, it takes away rights and freedoms to trans people, especially to minors.”

Cumplido, like Schneider, pointed out that “although its content is not binding, we will be alert to the political and legislative consequences that it may produce and we will continue working to avoid setbacks with respect to the rights of trans people.”

The report’s approval reflects a global trend that has seen neighboring Argentina, the U.S., and other countries reserve policies for trans and nonbinary young people. The Peruvian Health Ministry recently classified gender identity as a mental illness, and lawmakers have passed a law that prevents trans people from using public restrooms based on their identity.

Casa Rosada in Buenos Aires, Argentina, last month. Argentina is among the countries that have curtailed the rights of transgender and nonbinary children. (Washington Blade
photo by Michael K. Lavers)

Experts and human rights activists warn the suspension of Chile’s Gender Identity Support Program and other programs could adversely impact the mental health of trans and nonbinary children who already face high levels of discrimination and are at heightened risk to die by suicide.

“We will defend the Gender Identity Support Program and the right to exist of trans children and youth across the country,” said Schneider. “I want to reassure the trans families of our country that we will not rest until our rights are respected and that we can continue advancing because there is still much to be conquered.”

Continue Reading

Iran

Underground queer network challenges Iranian regime

Homosexuality remains punishable by death in country

Published

on

(Image by Micha Klootwijk/Bigstock)

While global powers negotiate with Iran’s regime under Ayatollah Ali Khamenei to curb its advancing nuclear program, the oppressed LGBTQ community is building and operating a secret underground network to resist state-coerced sex reassignment surgeries. 

These surgeries, mandated for gay and lesbian people as a state-sanctioned alternative to execution for homosexuality, are part of Iran’s penal code that criminalizes consensual same-sex sexual relations. The network provides safe houses, forged identification documents, and covert communication channels to protect members from government raids and imprisonment.

Precise data on LGBTQ people prosecuted in Iran for resisting state-coerced sex reassignment surgeries over the past decade remains elusive, as the regime’s opaque judicial system obscures such cases under vague charges like “corruption on earth” or “sodomy.” NGOs, including 6Rang, report that thousands of gay and lesbian Iranians face pressure to undergo surgeries to avoid execution for same-sex conduct, with resistance often leading to arrests or harassment for violating gender norms.

Zahra Seddiqi Hamedani and Elham Choubdar, two prominent activists, in 2022 were sentenced to death for their social media advocacy, charged with “corruption” and “human trafficking,” though their convictions were overturned in 2023. Similarly, Rezvaneh Mohammadi in 2019 received a five-year sentence for promoting “homosexual relations,” a charge hinting at resistance to the regime’s heteronormative mandates.

Arsham Parsi in 2003 escalated his clandestine fight for Iran’s LGBTQ community by launching Voice Celebration, a secret Yahoo chat group where 50 queer Iranians, using aliases, exchanged coded messages to evade the regime’s surveillance. Operating like operatives in a shadow network, participants shared text messages about human rights and survival tactics, knowing a single breach could lead to torture or execution. Parsi, then 23, orchestrated the group’s encrypted communications, building a virtual lifeline that connected isolated individuals across the country until his cover was nearly blown, forcing a desperate escape in early 2005.

Parsi in an exchange with the Washington Blade revealed a defiant undercurrent in Iran, a movement too elusive to be called traditional resistance yet pulsing with covert rebellion against the regime. 

The state’s relentless push to force gay men into coerced surgeries — marketed as a “solution” to their sexuality — seeks to erase their identities through enforced conformity. Parsi, steering the International Railroad for Queer Refugees, disclosed how queer Iranians fight back with clandestine measures: Underground education to counter state propaganda, discreet psychological support to fortify resilience, and encrypted networks to forge secret alliances. These efforts, veiled to evade regime detection, dismantle the state’s narrative with every hidden signal and guarded connection.

“We are working to create a true grassroots resistance by empowering people to understand their identity, seek safe alternatives, and reclaim their agency despite the oppressive context,” said Parsi. “The Iranian regime’s policies are built on denial of sexual orientation and a forced alignment with a binary gender model.” 

“Rather than recognizing gay, lesbian, or bisexual individuals, the system pressures them — particularly gay men — to undergo irreversible surgeries in order to be legally tolerated,” he added. “This systemic violence creates deep psychological harm and compels many to resist, even quietly, to protect their truth. The lack of legal recognition and the threat of arrest, harassment, or blackmail fuels the underground defiance we see today. It’s not only resistance for survival — it’s a rejection of state-imposed identity suppression.”

IRQR, guided by Parsi, for nearly two decades has operated as a lifeline, orchestrating daring escapes and running a covert network for Iran’s hunted queer community. 

Parsi said his work relies on secret, encrypted channels — meticulously managed to avoid detection — to funnel at-risk individuals to safety, smuggle life-saving information, secure hidden safe houses, and deliver emotional support. Every operation faces threats not only from the regime’s security forces but also from Basij militia operatives who masquerade as queer individuals to infiltrate networks, heightening the peril for those marked by their identities.

Black-clad Basij militia members respond at the first signs of defiance; tearing through crowds on motorcycles with batons and guns at the ready, poised to crush any challenge to Iran’s regime. These paramilitary volunteers, bound by fierce loyalty to the Islamic Republic, serve as the state’s enforcers, their plainclothes operatives slipping into dissident networks to root out the defiant. 

The Basij fill queer Iranians with dread; their so-called morality patrols and digital traps stalking those who dare to exist outside the regime’s rigid norms.

“Their goal is not only to gather intelligence but to undermine, divide, and cancel the work of activists and organizations like ours,” said Parsi. “This divide-and-conquer strategy is designed to break solidarity and generate mistrust.” 

“We have seen numerous cases where trusted circles were compromised by these informants, and it has made our work — and survival — even more complex,” he further noted. “Despite this, we persist. Through our underground connections, we have helped thousands of queer Iranians seek safety, community, and ultimately, freedom.”

Parsi told the Blade that international support — through funding, advocacy, policy pressure, or amplifying his stories — can significantly strengthen his work to protect Iran’s persecuted queer community. He emphasized IRQR operates with limited resources, making global solidarity essential to improve outreach, enhance safety measures, and respond swiftly to those in need. Parsi underscored such support brings visibility to the crisis in Iran, reminding those at risk they are not forgotten while exerting pressure on a regime that thrives on silence and fear.

Arsham Parsi (Washington Blade file photo by Michael Key)

One of the things that Parsi’s underground network offers is online workshops that educate queer Iranians about how they can remain beyond the regime’s reach. 

He said these sessions, designed for safety and accessibility, encompass peer support, mental health education, digital security training, and guidance on refugee pathways. Parsi explained the workshops give vulnerable Iranians the tools to navigate persecution, defy state surveillance, and pursue escape, exposing the resilience of a community under relentless scrutiny.

“Due to the high risk of persecution in Iran, traditional protests are not feasible,” said Parsi. “Instead, acts of resistance take quieter forms — like anonymous storytelling which are just as powerful in building awareness and connection within the community. While discreet, these activities help create a sense of solidarity and empowerment among queer Iranians.”

Parsi, undeterred by Iran’s unyielding regime, asserted with measured confidence that while underground acts of defiance — living authentically, supporting one another, resisting forced medicalisation — may not shift policy overnight, they are already improving lives. He stressed these quiet rebellions that queer Iranians stage challenge the regime’s narrative of shame and invisibility, forging a resilient foundation for future change. Each act, Parsi emphasized, dismantles the regime’s grip, offering hope to those navigating a landscape of relentless oppression.

“At IRQR, we view each life saved, each network built, and each truth spoken as a small but powerful act of resistance,” said Parsi. “These are the seeds of future liberation. Over time, as they multiply and gain visibility — locally and internationally — they will help reshape the landscape for queer Iranians.”

ILGA Asia Executive Director Henry Koh said queer Iranians’ underground resistance is a powerful assertion of bodily autonomy and self-determination. He described it as a deeply courageous act in a regime where visibility invites immense personal risk, from arrest to execution. 

When asked by the Blade if the Iranian regime’s punitive measures against openly queer people fuel underground resistance, Koh responded unequivocally. 

“Absolutely,” he said. “The climate of criminalization and repression leaves little safe space for queer people to live openly. This forces many into secrecy or underground networks as a means of survival, resistance, and mutual support. Such conditions are not only unjust but also profoundly harmful to the well-being of LGBTIQ+ individuals.”

“It is important to distinguish between affirming gender-affirming care and any form of coercive medical intervention,” he added. “When states or authorities mandate medical procedures as a condition for recognition or safety, it constitutes a grave violation of human rights. Gender identity is deeply personal, and no institution should override an individual’s self-defined identity.”

Continue Reading

Popular