LGBTQIA+ victories in Thailand and Namibia

THAILAND — The Thai senate has passed a bill legalising same-sex marriage with 130 votes in favour and only four against. « Today we celebrate another significant milestone in the journey of our Equal Marriage Bill, » prime minister Srettha Thavisin said on X. The bill was first passed by the chamber of deputies in March. Its passage through the senate has completed the legislative process and it now needs the king’s formal signature to become law 120 days after its publication in the royal gazette. Thailand will thus become the third country in Asia to approve same-sex marriage, after Taiwan and Nepal, and the first in Southeast Asia.

NAMIBIA — Namibia’s high court has overturned the “sodomy” and “unnatural offences » laws that criminalised gay sex for decades. The laws were inherited when the country gained independence from South Africa in 1990. The judgement held that both colonial-era laws were discriminatory and violated the Namibian constitution, as a similar sexual conduct between heterosexual couples was not criminalised. The case was brought to court by Namibian LGBTQIA+ activist Friedel Dausab. According to Amnesty, the ruling is a “victory for love, for equality and for human rights,” as well as a “step toward ending discrimination in equal access to health care and other social services and ensuring that all people in Namibia can choose their partners without fear”.

US — The US Supreme Court agreed to hear a challenge to a  Tennessee senate bill which prohibits all gender-affirming medical treatments for minors. Starting in October, the judges will hear arguments in the United States v. Skrmetti case to determine whether the law violates the Equal Protection Clause of the 14th Amendment. It will be the first time the Supreme Court decides on the constitutionality of state bans on gender-affirming care for transgender minors, a landmark ruling that may have an impact on some other 25 states that have enacted similar measures.

SPAIN — Children between 16 and 17 years old can have an abortion without parental or legal consent, Spain’s constitutional court ruled on June 18, upholding a reform of the abortion law that was passed last year. The amendment had been appealed by the far-right Vox party, under the argument that it violated the principles of freedom, plurality and legality, but the case was finally dismissed. Abortion is available in Spain up to 14 weeks of pregnancy, with an extension up to 22 weeks in cases of risk to the patient’s life or non-viable pregnancies. Until now, minors needed their parents’ consent, but the reform enshrines this right from 16 years old. The reform law also eliminates the three-day mandatory reflection period and the obligation to inform patients about alternatives to abortion. It establishes that all public health centres in Spain must offer abortions. In addition, the Spanish Council of Ministers has approved a decree providing financial assistance for sexual violence survivors who earn below the minimum wage, with a monthly allowance of 500 euros for six months, extendable for up to 18 months. The mechanism is similar to unemployment insurance. The survivor will have a period of five years to apply for the aid.

US — The Supreme Court has unanimously rejected a lawsuit brought by anti-abortion activists and doctors to deny access to an abortion pill. The Food and Drug Administration allows patients to obtain mifepristone prescriptions by phone and receive abortion pills by mail, up to the 10th week of pregnancy. Meanwhile, Arizona and Nevada will both hold a vote to endorse abortion as a constitutional right at the next US election in November after reproductive rights activists gathered the required number of signatures to propose the measures.

BRAZIL — Thousands of people took to the streets of Sao Paulo, Rio de Janeiro and other Brazilian cities on June 13 and 15 to protest a bill that would equate abortion with murder. The bill, introduced by 33 deputies from Jair Bolsonaro’s far-right party that would classify abortion after 22 weeks as homicide, gained enough support in June to be treated with « urgency » by the chamber of deputies. As a result, the bill could be immediately considered by parliament without debate. Left-wing president Lula da Silva has said the draft law is « insane« . The Brazilian penal code bans abortion except in cases of rape, risk to the patient’s life or foetal abnormality at any time during pregnancy. In September, the president of Brazil’s supreme court, Rosa Weber, opened a vote on decriminalising abortion up to 12 weeks, but the judges have not yet ruled.

BOLIVIA — The Bolivian Senate has opened debate on a bill that would amend the country’s gender-based violence law to prevent alleged “false accusations”. Presented by Patricia Arce, a senator from the ruling Movimiento al Socialismo party, the proposed bill would establish that a victim’s statement must be evaluated by a team of experts to determine its veracity in cases of sexual violence. This would be mandatory in order for the public prosecutor’s office to be able to file a lawsuit. Feminist organisations, such as Coordinadora de la Mujer, warned that, if approved, the bill would lead to re-victimisation and would be a major setback for women’s rights. They have called for demonstrations in front of the Senate, and launched the hashtags #Ley348PorLaVidaDeLasMujeres and #NiUnPasoAtrás to gain visibility on social media platforms.

CHINA — Chinese #MeToo journalist Huang Xueqin has been sentenced to five years in prison, accused of « inciting subversion of state power ». Labour activist Wang Jiangbing was also sentenced to three and a half years in jail. Huang and Wang were arrested for launching the #MeToo movement in the country in 2018, which was quickly suffocated by the government. Huang published accusations of sexual harassment made by a PhD student against her tutor at one of China’s most prestigious universities. The activists were arrested in September 2021, shortly before Huang was due to pursue a master’s degree in the UK. The trial began two years later. Human rights organisation Front Line Defenders said last year that Huang was suffering health problems in detention, including hormone imbalance, weight loss, calcium deficiency and stress, while subjected to sleep deprivation.

AFGHANISTAN  — A Zan Times investigation has revealed that an untold numbers of young women were detained in December and January for what the Taliban considered violations of their dress code or « bad hijab », and were subjected to serious sexual violence while in custody. During its reporting from January to May, Zan Times also found that at least one died by suicide and another was found dead weeks after she was detained. The investigation includes several testimonies, including that of Amina*, a 22-year-old medical student who spent three nights in a Taliban prison after being arrested in January. She was interrogated by an older man who asked her about her menstruation and assaulted her. *Names have been changed to protect the identity of the interviewees and writers.

SIERRA LEONE — Sierra Leone’s parliament has passed a law banning all forms of child marriage, providing up to 15 years in prison for anyone who marries with a minor or facilitates a wedding involving one. The Prohibition of Child Marriage Bill 2024 also provides for the care of victims, including access to education and support services for girls affected by child marriage. In Sierra Leone, 30% of girls and 4% of boys are married before turning 18, according to Human Rights Watch. Around 800,000 girls are currently married, half of whom were married before 15. Facing widespread poverty, many families decide to marry off their daughters to improve their financial situation. This leads to high rates of teenage pregnancy and girls dropping out of school, the NGO Girls not brides has warned.

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