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Laws

IRAQ

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
Partners
  Parenting
Property
Sodomy
Superannuation
Transgender, Transsexual
Violence
Wrongful Death

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Discrimination Legislation/Cases/References
1.

National

In 2004, the Coalition Provisional Authority modified Section 4 of the Penal Code providing that "No person will be discriminated against on the basis of sex, race, color, language, religion, political opinion, national, ethnic or social origin, or birth", which modification clearly does not make it unlawful to discriminate on the basis of sexual orientation and gender identity [R1.1].

R1.1 The Coalition Provisional Authority: "Law of Administration for the State of Iraq for the Transition Period" 08 MAR 04
HIV / Aids Legislation/Cases/References
1.

National

In 2008, Iraq reportedly restricted short-term travel for individuals living with HIV [R1.1].

R1.1 PinkNews.co.uk: "Russian Activists Call for End to Restrictions on HIV+ Visitors" 06 FEB 08
Immigration Equality: "Congress to Bush: Repeal HIV Travel Ban" 22 SEP 08
Homosexuality, Sodomy Legislation/Cases/References
1.

National

In February 2009, Iraqi LGBT said that more than 430 gay men have been murdered in Iraq since 2003 [R1.1].

In January 2008, the Iraqi government announced an amnesty for prisoners, except terrorists and homosexuals. Gays and lesbians may be safer in jail - they are routinely abducted by the Bagdad militias and never seen again [R1.2].

In June 2006, Iraqi police reportedly executed a 14 year old boy in Bagdad after the boy was accused of corrupting the community and creating a scandal because he had sex with men [R1.3].

In May 2006, pressure from European gay rights organizations resulted in Grand Ayatollah Ali al-Sistani removing a fatwa from his Web site that called for the killing of homosexuals in the "worst, most severe way possible". The fatwa was removed from Sistani's website only. It has not been revoked and the hateful denunciation calling for the punishment of lesbians remains [R1.4].

In 2004, the Coalition Provisional Authority modified sentences for rape and sexual assault in Penal Code Paragraph 393 providing for a maximum punishment of life imprisonment. The penalty for the offense of indecent assault set forth in Penal Code Paragraph 396 was modified to provide a maximum punishment of fifteen years imprisonment [R1.5].

In 2003, Iraq reinstated the Penal Code of 1969 after the American invasion. The Penal Code does not prohibit sexual activities between consenting adults of the same sex. However, as the country was under war, and law enforcement was not functioning properly, death squads operate in the country, killing homosexuals [R1.6].

In 2001, the Revolutionary Command Council, issued a decree to provide the death penalty for the offences of prostitution, homosexuality, incest and rape [R1.7].

R1.1 PinkNews.co.uk: "Gays who face persecution should be given asylum says EU" 10 FEB 09
R1.2 bnews: "Iran, Iraq Execute Gays" 10 JAN 08
R1.3 3Sixty: "Iraq Boy Executed" JUN 06
R1.4 GayWired: "Death Sentence for Gay Men Removed from Iraqi Web site" 17 MAY 06
R1.5 The Coalition Provisional Authority: "Law of Administration for the State of Iraq for the Transition Period" 08 MAR 04
R1.6 ILGA: "State-Sponsored Homophobia" May 2008
R1.7 Amnesty International: www.amnesty.org NOV 01

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