Women and Justice: Keywords

Legislation

Same Sex Marriage (Prohibition) Act (2013)

Gender discrimination, LGBTIQ

The Same Sex Marriage (Prohibition) Act makes it illegal for  same-sex individuals to marry, enter into a civil union, or gain entitlement to any benefits of a valid marriage. Additionally, it prohibits the public display of same-sex relationships. Any marriage or union entered into legally outside Nigeria is considered void within the country and no related benefits are recognized.  The Act specially defines marriage as between a man and a woman and establishes criminal penalties against people who solemnize, witness, or aid various events supporting homosexuality. Sections 2-3; 5(3). The act also prohibits registering any same sex organizations and public displays of same sex romantic affection. Section 4. Punishments include imprisonment for 10-14 years depending on the offense. Section 5.



Domestic Case Law

Attorney General of Botswana v. Rammoge Court of Appeal (2016)

LGBTIQ

The Court of Appeal held here that the Department of Civil and National Registration’s refusal to register Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) was an unjustifiable limitation of its members’ rights. The Court of Appeal held that the right to form associations to advocate for legal change is a fundamental component of the right to freedom of assembly and association, and it dismissed the Department of Civil and National Registration’s argument that LEGABIBO’s objectives were contrary to public morality and would encourage the commission of criminal offenses. In its holding, the Court of Appeal protected the right of LEGABIBO and other LGBT advocacy groups to promote the rights of LGBT individuals and to lobby for legal reform.