Connect with us

Hi, what are you looking for?

Travel

Botswana’s Court of Appeals upholds decriminalization of same-sex relations

Botswana’s Court of Appeals upheld that criminalizing same-sex relations is discriminatory.

Photo by hbieser from Pixabay.com

Rainbow rising in Botswana.

Botswana’s Court of Appeals upheld that criminalizing same-sex relations is discriminatory.

On 11 June 2019, a full bench of the High Court of Botswana ruled unanimously to strike down section 164(a) and (c), and section 167 of the Penal Code which criminalized same-sex relations, or “carnal knowledge against the order of nature”. Judges ruled that the provisions are discriminatory, noting that “a democratic society is one that embraces tolerance, diversity and open-mindedness” and that “societal inclusion is central to ending poverty and fostering shared prosperity.”

The State appealed the court’s decision.

The Court of Appeals dismissed the challenge.

The judgment highlights that “there can be no discernible public interest in the continued existence of [these] sections of the Penal Code. They have been rendered unconstitutional by the march of time and change of circumstances.”

The judgment also noted that these sections “serve only to stigmatize” and enable law enforcement to intrude into the private lives of citizens, which “is neither in the public interest, nor in the nature of Botswana” (paragraph 115 of the judgment). 

To date, 67 countries continue to explicitly criminalize same-sex relations, with several others using laws on vagrancy, prostitution, morality and others to criminalize same-sex relations.

Advertisement. Scroll to continue reading.
Advertisement
Advertisement

Like Us On Facebook

YOU MAY ALSO LIKE

Travel

In Kenya, a new law took effect to grant not just recognition but also equal rights to intersex people. With this, Kenya became the...

Travel

In France, Prime Minister Elisabeth Borne announced the creation of a new position of ambassador for LGBTQIA rights as part of the country's efforts...

Travel

The High Court of Antigua and Barbuda ruled that laws criminalizing LGBTQIA people in the Caribbean nation are discriminatory.

Travel

The European Commission launched legal action against Hungary over an anti-LGBTQIA law.

Advertisement