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Legal Framework
Same-sex sexual acts and homosexuality is not illegal in Azerbaijan, however, it remains unacceptable in many parts of public life. In fact, homophobia is so widespread that Azerbaijan has consistently ranked as the worst place, if not one of the worst places, to be live and be gay in Europe. For instance, according to ILGA, Azerbaijan is the most homophobic country in Europe, ranking last place in its 2016-2018 rating of 49 European countries.
As there are no references to protection from discrimination on the basis of sexual orientation or gender identity in national legislation, people engaging in same-sex sexual acts in Azerbaijan are often legally at-risk, and same-sex marriages and other forms of unions cannot be registered and are not recognized by law. The Constitution of Azerbaijan states that “everyone” shall have the right to marry; however, the Family Code of Azerbaijan defines marriage as a “voluntary union between man and woman for establishing a family.” When Azerbaijan became part of the Soviet Union in 1920, Soviet laws which criminalized sex between men came into force. In 1923, in the Azerbaijan SSR, sexual intercourse between men became a criminal offense punishable by up to give years in prison for voluntary sexual relations.
Furthermore, the criminalization of healthcare provisions demonstrate the legal and public discourse surrounding same-sex sexual acts in Azerbaijan. For instance, Article 139 of the Criminal Code of the Republic of Azerbaijan imposes criminal liability for the infection of another person with a sexually transmitted disease (such as HIV) by a person who knew that they had this disease.
Similarly, legislation of the Republic of Azerbaijan does not directly provide protection from discrimination on the basis of gender identity and/or expression. Article 4 of the Law on Identification Card of the Citizen of the Republic of Azerbaijan allows for change of name, address, marital status, and correction of incorrect information; however, the law does not allow for change of a person’s gender marker.
So, while freedom of expression is guaranteed under Article 47 of the Constitution, there are widespread reports about threats, harassments and violence against individuals in the LGBTQI+ community. Even the European Commission against Racism and Intolerance (ECRI) published a report in 2016 that cited the absence of any protective legal provisions for LGBTQI+ individuals, forcing most, if not all, to hide their identities on a daily basis.
For more detailed information on the protection of LGBTQI+ rights in Azerbaijan, visit the Azerbaijan page on the ILGA World Database.
Homosexuality/Bisexuality
In Azerbaijani society, it is not acceptable to speak and disclose information about one’s sexual life. There are no education programmes or public discussions, and the topic of homosexuality is often only referred to with negative connotations. As such, there is a negative attitude in society towards gay marriage, public gathering of LGBT communities, and pride marches.
In October 2017, Human Rights Watch (HRW) reported that a violent campaign had been carried out by police in Azerbaijan against LGBTQI+ persons, including unlawful arrests and torture of men presume to gay or bisexual, as well as transgender women. Similarly, The Guardian reported that in September 2017, at least 60 gay and trans* people were fined and/or imprisoned following a wave of systematic and widespread raids in Baku.
Transgender persons
Similarly, gender identity and expression is not acceptable to discuss in Azerbaijani society, Furthermore, the state’s capacity to protect is significantly diminished upon consideration of the relationship between police brutality and transgender rights in Azerbaijan. Since 2006, there have been multiple instances of attacks against transgender people by police officers, as aforementioned.
Previous Azerbaijani LBGTQI+ activists have been quoted saying that, “hundreds of LGBTQI+ people are exposed to physical, psychological, and economic violence by their family members and people around them. They are killed, forced to live a double life, commit suicide or leave the country.” Though individual activists have spoken out in the past, there are no officially registered operational LGBTQI+ groups in Azerbaijan. Highly restrictive and punitive regulations on NGOs were adopted in 2015, making it nearly impossible for independent groups to carry out and fund their work.
We have not found any relevant case law at this time but welcome suggestions.
Organisations supporting LGBTQI+ individuals
We have not yet identified any organisation supporting LGBTQI+ refugees in Azerbaijan. If you are aware of organisations and/or individuals to include in our directories, please get in touch.
Country of Origin experts in LGBTQI+ rights
We have not yet identified any COI expert in LGBTQI+ rights in Azerbaijan. If you have any suggestions, please get in touch.
Azerbaijan Legal Assistance
Find organisations providing legal assistance to refugees in Azerbaijan.
Azerbaijan COI
Find Azerbaijan Country of Origin information (COI) experts, reports, commentaries, and relevant documents.
We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.
Last updated June 2023