# LGBTQ rights in Tajikistan

Lesbian, gay, bisexual, and transgender (LGBT) people in Tajikistan face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Tajikistan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to heterosexual married couples.
LGBT people tend to face frequent discrimination, harassment and violence from the authorities and the Muslim-majority public.
In 2017, the authorities drew up an "official list" of LGBT citizens following two state operations named "Morality" and "Purge".
During raids in 2022 and 2023, police subjected numerous LGBT persons to forced HIV testing. Those who tested positive were charged with “putting another person at risk of infection with human immunodeficiency virus” (Article 125, part 1 of the Criminal Code) or made to pay large bribes to the police in exchange for being released. This happened even in cases where the accused was not infectious due to regular antiretroviral treatment or where sexual partners did not complain about the accused. IPHR has documented dozens of credible cases of police arbitrarily detaining LGBT people and of extorting money from them.

## Legality of same-sex sexual activity and LGBT Activism

Both male and female same-sex sexual activity have been legal in Tajikistan since 1998. The age of consent is 16, regardless of gender or sexual orientation.
LGBT rights activism is not supported in the country, whether by the government or the majority of people in society. Tajikistan for Equality, founded in 2019 by Odinasho Sharopov, is the only LGBTQ+ support organization recognized by the Tajikistan government.

## Recognition of same-sex relationships

Tajikistan does not recognize same-sex unions.

## Gender identity and expression

Transgender people "face a lot of stigma and discrimination" in Tajikistan.
Under Tajik law, transgender people may not change their legal gender on their passport, even if they provide a medical statement that they have undergone sex reassignment surgery.

## Living conditions

Even though the law does not prohibit same-sex sexual activity, the living conditions in the country is not favourable for LGBTQ people. This is mostly due to local religion and beliefs, as well as outside influence. Harassment from police and the public is common. In 2017, the authorities drew up an "official list" of LGBT citizens following two state operations named "Morality" and "Purge".

## Public opinion

Islamic religious leaders have significant influence on the position of Tajik society on LGBT topics. The Supreme Mufti of Tajikistan Saidmukarram Abdulkodirzoda has publicly condemned same-sex relations, calling them a "disaster". In addition, he condemned countries that have legalized same-sex marriages, and spoke out against human rights activists and laws to protect LGBT people from discrimination.
A number of Tajik psychologists and doctors consider homosexuality to be a form of addiction comparable to drug addiction and alcoholism, and provide "cure methods". These are considered pseudoscience by the World Health Organization, however. There are several reported cases of disrespectful treatment to LGBT-patients by medical staff.

## Summary table

| Same-sex sexual activity legal | (Since 1998) |
| Equal age of consent (16) | (Since 1998) |
| Anti-discrimination laws in employment only | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
| Same-sex marriages | |
| Recognition of same-sex couples | |
| Stepchild adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| LGBT people allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSM allowed to donate blood | |