For LGBTQ people in China the picture is mixed, global report finds, with some legal protections but barriers to freedom of expression
- Same-sex couples can become each other’s legal guardians, a status similar to a civil union, in China, annual ILGA World report notes
- ‘China’s situation isn’t the worst in Asia, but it still has room for improvement,’ Xin Ying, executive director of the Beijing LGBTQ Centre, says
In China, homosexuality was decriminalised in 1997. Previously, consensual sexual acts between people of the same sex were considered “hooliganism”, with punishments ranging from imprisonment to execution. However, China still offers no protection or recognition of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community, a new report says.
Although same-sex marriage is not legal, Chinese couples have found other ways to gain some legal protection, the global progress report on LGBTQ rights by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World) said.
In mid-2019, a same-sex couple married overseas became the first in Beijing to be named as each other’s “legal guardians”, a status considered fairly similar to a civil union. At least 10 other LGBTQ couples in China have gone through similar procedures in other cities including Shanghai and Chengdu.
However, the guardianship appointment process is complex and time-consuming. Couples explained to the Post previously that they had to meet lawyers several times over contract details.
“China’s situation isn’t the worst in Asia, but it still has room for improvement,” Xin Ying, executive director of the Beijing LGBTQ Centre, said. “Compared with countries where being LGBTQ is still a criminal offence, in China they can live in disguise.”
