|LGBT rights in the Palestinian territories|
|Same-sex sexual activity legal?||Male illegal (Gaza only)|
|Discrimination protections||Sexual orientation protection in labor code since 2001 (see below)|
|No recognition of same-sex couples|
Lesbian, gay, bisexual, transgender (LGBT) rights in the Palestinian territories are often spoken of in the geopolitical and cultural context of the ongoing Israeli-Palestinian conflict. It remains one of the most taboo human rights issues in the region. It is important to note that Homosexuality is not illegal within the Palestinian Territories, although LGBT rights are not protected within the territories.
Criminal law and civil rightsEdit
The Palestinian territories have no specific, stand alone civil rights legislation that protects LGBT people from discrimination or harassment. The Basic Law of the Palestinian Constitution does, however, guarantee freedom of belief and expression, freedom of bodily integrity, freedom from discrimination "because of race, sex, color, religion, political views, or disability" and protection of human rights, all of which have served the basis of campaigns for explicit LGBT rights in other countries. While hundreds of gay Palestinians are reported to have fled to Israel because of the hostility they face in the Palestinian territories, they have also been subject to house arrest or deportation by Israeli authorities, on account of the inapplicability of the law of asylum to areas or nations in which Israel is in conflict. According to a 2010 compendium of laws against homosexuality produced by the International Lesbian, Gay, Bisexual, Transsexual and Intersex Association (ILGA), the decriminalization of homosexuality in the Palestinian territories is patchwork. On the one hand, same-sex acts were decriminalized in the Jordanian-controlled West Bank in 1951 and remain so to this day. On the other hand, in the Gaza Strip, the British Mandate Criminal Code Ordinance, No. 74 of 1936 remains in force and continues to outlaw same-sex acts between men, although lesbian women are not subjects of the code and their relations are thus, technically, not unlawful. In both cases, it is important to note that the Palestinian Authority has not legislated either for or against homosexuality - "on the legal level, the President of the Palestinian Authority issued his first decision on 20 May 1994 which provided that legislation and laws that were effective before 5 June 1967 in the West Bank and Gaza Strip would remain effective" - and, in line with almost all other Palestinian laws, the confused legal legacy of foreign occupation - Ottoman, British, Jordanian, Egyptian and Israeli - continues to determine the erratic application or non-application of the criminal law of homosexuality in each of the territories. Because of this, in its indeterminacy, the legislative state of LGBT civil rights in the Palestinian territories is unexceptional from the majority of other laws, and laws unfavorable towards homosexuality owe as much to the provisional nature of the Palestinian Authority's civil powers and to the unsettled nature of the existence of Palestine as a territorial entity as they do to any judicial agenda or consistently pursued religious or secular beliefs about homosexuality.
Marriage and familyEdit
Same-sex marriages, civil unions or domestic partnerships are not given legal recognition in the Palestinian territories.
LGBT Jews and Arabs are among the least prejudiced people in the region, as seen by the cross-cultural relationships and the fact that gay bars are often a peaceful mixture of Arabs and Jews.
Media and cultural referencesEdit
Several Israeli films and or television programs have dealt with the issue of LGBT Palestinians, often having relationships with LGBT Israelis. However, none of these films have been directed by LGBT Palestinians.
- Drifting (1983) - First Israeli film to deal with LGBT themes features two Palestinian men, among the many people that the hero meets and interacts with while looking for love.
- The Bubble (Ha-Buah) (2007) - Two gay men, an Israeli and a Palestinian, face prejudice and other challenges while they date each other in Tel Aviv.
- Zero Degrees of Separation - Explores the challenges facing same-sex couples in Israel when one of the partners is Palestinian or Arab.
A Palestinian National AIDS/HIV Health program was established in 1998. Dr Ezzat Gouda is the current doctor to focus on sexually transmitted diseases for the Palestinian Ministry of Health. Reports claim that very few people have become infected since 1987, and those people who are infected face prejudice and shortages of medicine.
In the early 2000s, two established groups formed to provide support to lesbian, gay, bisexual, questioning and trans Palestinian peoples living within the borders of Israel, the Gaza Strip and the West Bank. Al-Qaws ("Rainbow" in Arabic), the first official Palestinian LGBTQ organization, was founded in 2001 as a community project of the Jerusalem Open House for Pride and Tolerance to specifically address the needs of Palestinian LGBTQs living in Jerusalem. Al-Qaws has expanded since its founding and now hosts social activities in Jerusalem, Haifa, Jaffa and the West Bank as an arena for support for members of the LGBTQ Palestinian community. Al-Qaws also hosts a telephone support line. In 2002, a second group formed to specifically address the needs of Palestinian lesbian women; Aswat ("Voices" in Arabic) was founded as a project of the Palestinian Feminist NGO Kayan, at the Haifa Feminist Center . Aswat started as an anonymous email-list serve to provide support to Palestinian gay women, and has developed into an established working group that hosts monthly meetings for its approximately 60 members, and organizes lectures, events, and educational opportunities. Aswat translates and publishes original texts related to sexuality and gender identity previously unavailable in the Arabic language, and hosts the largest collection of Arabic-language texts related to homosexuality on its website. Aswat works to raise community awareness of the intersecting identities of "Palestinian," "Gay" and "Female." In 2005, Palestinian Queers for the Boycott, Divestment and Sanctions order against Israel (BDS) formed to organize Palestinian activists who identity as LBGTQ and provide an open space to discuss Palestinian resistance against Israel in a queer context. Palestinian Queers for BDS works to address pinkwashing and highlight intersections of sexual and national identity.
- "The Amended Basic Law".
- "BBC: Palestinian gays flee to Israel".
- Ottosson, Daniel. "State-Sponsered Homophobia: A World Survey of Laws Prohibiting Same-Sex Activity Between Consenting Adults".
- "Legal Status in the Palestinian territories".
- GayLaw.net. "Palestine - Laws".
- Whitaker, Brian. Unspeakable Love: Gay and Lesbian Life in the Middle East.
- [dead link]
- "No friends, few drugs and little expertise for AIDS patients". IRIN. 6 December 2006. Retrieved 20 January 2011.
- [dead link]
- "Palestinian Authority (West Bank and Gaza Strip)". Hivinsite.ucsf.edu. 19 September 2005. Retrieved 20 January 2011.
- Asylumlaw.org: Sexual Minorities & HIV Status (Palestine) – various information packets used for asylum purposes