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| caption = Location of the [[People's Republic of China]]
| caption = Location of the [[People's Republic of China]]
| legal_status = Legal since 1991 (Hong Kong)<br>Legal since 1996 (Macau)<br>Legal nationwide since 1997<ref name="ILGA" />
| legal_status = Legal since 1991 (Hong Kong)<br>Legal since 1996 (Macau)<br>Legal nationwide since 1997<ref name="ILGA" />
| gender_identity_expression = [[Sex reassignment surgery]] legal, but only after sex reassignment surgery.
| gender_identity_expression = Transsexuals allowed to change legal gender after [[sex reassignment surgery]].
| recognition_of_relationships = None nationwide
| recognition_of_relationships = None nationwide
| recognition_of_relationships_restrictions = The Marriage Law of the People's Republic of China defines marriage as a union between a man and a women
| recognition_of_relationships_restrictions = The Marriage Law of the People's Republic of China defines marriage as a union between a man and a women

Revision as of 08:10, 12 August 2015

LGBTQ rights in People's Republic of China China
Location of the People's Republic of China
StatusLegal since 1991 (Hong Kong)
Legal since 1996 (Macau)
Legal nationwide since 1997[1]
Gender identityTranssexuals allowed to change legal gender after sex reassignment surgery.
Military-
Discrimination protectionsNone nationwide
Family rights
Recognition of relationshipsNone nationwide
RestrictionsThe Marriage Law of the People's Republic of China defines marriage as a union between a man and a women
AdoptionSame-sex couples may not adopt jointly

Lesbian, gay, bisexual, transgender (LGBT) persons in China face legal challenges not experienced by non-LGBT residents.

Law regarding same-sex sexual activity

Song dynasty

The earliest law against a homosexual acts in China dates from the Zheng He era (政和, 1111-1118) of Emperor Zhao Ji (趙佶) in the Song Dynasty, punishing "young males who act as prostitutes with a fine of 100 blows with a heavy bamboo and a fine of 50,000 cash." Another text from the Song Dynasty prohibits the offense of bu nan (male-female prostitution).[2]

Ming dynasty

The first statute specifically prohibiting same-sex sexual intercourse between men was enacted in the Jiajing era (嘉靖, 1522-1567) of Emperor Zhu Houcong (朱厚熜) in the Ming Dynasty.[2]

Qing dynasty

By 1655, Quing courts began to refer to the term ji jian (sodomy) to apply to homosexual anal intercourse. In 1679, the Qing Dynasty instituted the first statute containing the term ji jian. The punishment, which included a month in prison and 100 heavy blows with heavy bamboo, was actually the lightest punishment which existed in the Qing legal system.[3][2]

Republic of China

In 1912, explicit prohibitions of ji jian were abolished in China.[1]

People's Republic of China

When the People’s Republic of China was established in 1949, the Communist Party declared homosexuality a sign of bourgeois decadence. Treatment of suspected homosexuals during the Cultural Revolution was particularly harsh.[4] In 1979, “hooliganism” was criminalized in Chinese criminal law. In 1997, the Chinese government abolished the hooligan law, an act considered by most to be a decriminalization of homosexuality in the People's Republic of China. In 2001, the Chinese Society of Psychiatry declassified homosexuality as a mental disorder.[1][4]

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in the People's Republic of China

The Marriage Law of the People's Republic of China, adopted at the third session of the Fifth National People's Congress on September 10, 1980, defines marriage as a union between a man and a woman.[5]

Beijing

Beijing currently provides dependent residency status to the same-sex partners of legal residents, such as expats.

Hong Kong

In June 2009, the government of Hong Kong extended limited recognition and protection to cohabitating same-sex couples in its Domestic Violence Ordinance.[6]

Laws regarding gender reassignment

In 2009, the Chinese government made it illegal for minors to change their officially-listed gender, stating that sexual reassignment surgery, available to only those over the age of twenty, was required in order to apply for a revision of their identification card and residence registration.[7]

Shanxi Province

In 2014, the Shanxi Province started allowing minors to apply for the change with the additional information of their guardian’s identification card. This shift in policy allows post-surgery marriages to be recognized as heterosexual and therefore legal.[8]

Adoption and parenting

The Chinese government requires parents adopting children from China to be in heterosexual marriages.[9] Adoption of Chinese children by foreign LGBT couples and individuals has already been prohibited by the Chinese authorities.[10]

Discrimination protections

There is no anti-discrimination provision for sexual orientation or gender identity under the Chinese Labour Law. The Labour Law specifically protects workers against discrimination on the basis of a person’s ethnicity, gender or religion.[10]

Hong Kong

The Hong Kong Bill of Rights Ordinance 1991 prohibits discrimination on a variety of grounds, including "other status". In the case of Leung TC William Roy v. Secretary for Justice (2005), this has been interpreted to include sexual orientation. However, the Bill of Rights only applies to government sponsored discrimination and not the private sector.[11]

Macau

The Basic Law of Macau's Article 25 indicates the people of Macau are free from discrimination based on a non-exhaustive list of prohibited factors. Sexual orientation is not included in such list of prohibited discrimination grounds. However, there are anti-discrimination protection based on sexual orientation in the fields of labour relations (article 6/2 of Law 7/2008), protection of personal data (article 7/1,2 of Law 8/2005) and ombudsman (article 31-A of Law 10/2000, as amended by Law 4/2012).

Summary table

Same-sex sexual activity legal Yes (Since 1997)
Equal age of consent Yes (Since 1997)
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage(s) No
Recognition of same-sex couples No
Both joint and step adoption by same-sex couples No
Gays allowed to serve in the military
Right to change legal gender Yes
Commercial surrogacy No
Access to IVF for lesbians No
MSM allowed to donate blood No

See also

References

  1. ^ a b c STATE-SPONSORED HOMOPHOBIA
  2. ^ a b c Sommer, Matthew (2000). Sex, Law, and Society in Late Imperial China. Stanford University Press. p. 413. ISBN 0-8047-3695-2.
  3. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 144.
  4. ^ a b Policy issues concerning sexual orientation in China, Canada, and the United States
  5. ^ Marriage Law of thePeople's Republic of China
  6. ^ Pink News, "[1] Gay couples to be protected by Hong Kong domestic violence law
  7. ^ Jun, Pi (9 October 2010). "Transgender in China". Journal of LGBT Youth. 7 (4): 346–351. doi:10.1080/19361653.2010.512518. {{cite journal}}: |access-date= requires |url= (help)
  8. ^ Sun, Nancy (9 January 2014). "Shanxi Permits Persons to Change Gender Information". All-China Women's Federation. Retrieved 17 October 2014.
  9. ^ Intercountry Adoption | China | Who Can Adopt
  10. ^ a b China: The Legal Position and Status of Lesbian, Gay, Bisexual and Transgender People in the People’s Republic of China
  11. ^ http://www.sodomylaws.org/world/china/china.htm
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