Nepal: Protect rights of LGBTI people, ICJ tells govt

International Commission of Jurists has called on the Government of Nepal to fully implement the court's ruling on the protection of the rights of lesbian, gay, bisexual, transgender and intersex people.

In 2007, the Supreme Court of Nepal had delivered a judgment directing the government to take necessary measures to ensure that people of diverse gender identities and sexual orientations could fully enjoy their rights without discrimination.  The court strongly rejected arguments that a person's LGBTI status was the result of ‘emotional and psychological disorders', and found that the petitioners faced violence, stigmatisation and discrimination because of their sexual orientation or gender identity. However, 10 years after the judgment, LGBTI persons are denied equal protection of the law and their rights are still not fully protected.

“The SC's 2007 judgment gave hope to LGBTI people in Nepal and inspired judiciaries in the region and the world,” said Frederick Rawski, ICJ's Asia director. “Despite some positive measures, the government has much more work to do to implement the judgment and ensure that the rights of the LGBTI community in Nepal are fully respected.” 

Recent revisions to the Civil Code (2017), effective from mid-August 2018, do not recognise equality before the law related to family life, said the ICJ. The ICJ called on the government to fully implement all aspects of the 2007 ruling and subsequent SC rulings affecting LGBTI communities. Read more via Himalayan Times