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This is frequently used against the LGBTIQ+ community.
Additionally, trans women are effectively criminalised in terms of gender expression due to the Federal Penal Code of 1987 containing Article 359 which punishes âany male disguised in a female apparelâ entering a women-only space with up to one year in prison.
Right to change legal gender in Dubai is illegal.
The law specifies that these procedures should only be permitted for intersex individuals and not for purely psychiatric ones.
The law also states that surgeons who operate on people who don't fit the requirements set forth by the same statute would be held criminally liable.
LGBT discrimination in Dubai is no protections.
LGBT employment discrimination in Dubai is no protections.
LGBT housing discrimination in Dubai is no protections.
Same-sex adoption in Dubai is illegal.
Blood donations by MSMs in Dubai is banned (indefinite deferral).
Conversion therapy in Dubai is not banned.
Equal age of consent in Dubai is n/a.
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The legal framework prohibits acts deemed against public morality, indecency, and sodomy.
Specifically, Dubai’s Penal Code, under Article 177, imposes imprisonment for consensual sodomy, with potential sentences of up to 10 years. Public displays of affection, even seemingly minor ones like holding hands, should be avoided to prevent unwanted attention and potential legal repercussions.
Federal Penal Code 1987, Article 359
Under article 359 ‘any male disguised in a female apparel’ who enters a place reserved for women is punishable with imprisonment for up to one year and a fine of up to ten thousand dirhams. Together, we can bring this number down. The gender expression of trans people is also criminalised.
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The publication of an article in the local press and attention it got is unprecedented.” An article on the video’s removal was reportedly retweeted by influential figures within the UAE.
References
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Last updated: 17 December 2024
Summary
Same-sex sexual activity is prohibited under the Criminal Codes of the Emirates of Abu Dhabi, which criminalises ‘unnatural sex with another person’, and Dubai, which criminalises acts of ‘sodomy’.
under Sharia Law.
Qatar criminalises same-sex sexual activity between men and between women. It is important to understand that legal protections against discrimination based on sexual orientation or gender identity do not exist in the UAE.
A report by the Fahamu Refugee Programme indicates that the death penalty has never been applied for consensual same-sex sex.
It was reported in March that the sentence of two men for ‘sodomy’ charges had been upheld by the Federal Supreme Court.
These laws are rooted in Sharia law principles, a primary source of legislation. Criminal Code of Dubai 1970, Article 177 Sodomy
ILGA World, State-Sponsored Homophobia (2019). Prison sentences can range from a minimum of six months, with no prescribed maximum, allowing courts broad discretion.
Enforcement
The US Department of State report notes that there were no reports of arrests or prosecutions for consensual same-sex conduct.
Conversely, there were reports of people being arrested for wearing clothing deemed inappropriate for one’s sex, and foreign residents had previously been deported for this reason.
In August, UAE police detained two Singaporeans in a shopping mall, a cisgender male photographer and a trans woman. Available here. Sentences include a maximum penalty of three years’ imprisonment.
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We go to great lengths to ensure that, to the best of our knowledge, the information provided on our website is correct and up to date.
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DonateThis report examines the status of sexual offences legislation in Commonwealth Asia, assessing good practice and identifying where there are gaps in protection, with a particular focus on women, children, LGBT+ people and people with disability.
Court of Criminal Appeal finds that consensual same-sex intimacy is a fundamental right and cannot be considered ‘unnatural.’
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In 2005, Mohammed bin Nukhaira Al Dhahiri, Minister of Justice, Islamic Affairs and Auqaf (Endowments) was reported as saying: “There will be no room for homosexual and queer acts in the UAE.
Our society does not accept queer behaviour, either in word or in action”.
Public attitudes towards homosexuality and gender identity reflect traditional Muslim values. The Federal Penal Code also contains provisions, such as Article 356, which criminalizes “voluntary debasement” or “indecent assault,” and can be applied to consensual same-sex sexual activity.
Beyond the legal statutes, prevailing social and cultural attitudes in Dubai are deeply conservative, emphasizing discretion.
Help expand our understanding of the public's view on LGBTQ+ issues in Dubai by sharing a link to a survey from a reputable organization.
Suggest Public Opinion DataShare your experience of being LGBTQ+ in Dubai.
Take SurveyHomosexual activity in Dubai is illegal (death penalty as punishment).
Punishments (under sharia law) include death, life in prison, floggings, fines, deportation, chemical castration, forced psychological treatments, honor killings, beatings, forced anal examinations, forced hormone injections, and torture.
Same-sex marriage in Dubai is banned.
Censorship of LGBT issues in Dubai is imprisonment as punishment.
Federal Penal Code 1987, Article 356
Article 356 criminalises ‘voluntary debasement’, punishable with imprisonment for up to one year. This provision captures trans and gender diverse people. The Police Chief later denied that this was true.
Discrimination and Violence
Freedom House’s Freedom in the World report stated that LGBT people are subject to widespread social stigma.
It was reported by the US Department of State that due to social conventions and potential repression, LGBT organisations did not operate openly, nor were pride marches or gay rights events held.