11 June 2019
Botswana High Court Decriminalises Homosexuality
Legal International
The High Court of Botswana unanimously struck down colonial-era laws criminalising same-sex relations, ruling that sections of the Penal Code violated constitutional rights to privacy, liberty, and dignity. Justice Michael Leburu declared that 'sexual orientation is not a fashion statement. It is an important attribute of one's personality.' The ruling was upheld by the Court of Appeal in 2021.
Impact & Significance
Strengthened the momentum of decriminalisation across Africa and produced one of the most eloquent judicial defences of LGBTQ+ rights on the continent.
Reference Record
- Date
- 11 June 2019
- Era
- 2010-2019
- Sources
- 1
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Questions This Event Helps Answer
Q How did international law change LGBTQ+ rights? International law changed LGBTQ+ rights by challenging criminalisation, creating partnership recognition, protecting sexual orientation in constitutions and opening marriage equality. Q How did LGBTQ+ asylum protection develop? LGBTQ+ asylum protection developed as refugee law recognised persecution based on sexual orientation and gender identity, then tested whether asylum systems treated claimants safely and fairly. Q Which global LGBTQ+ legal wins changed rights? Major wins included decriminalisation in Mozambique, Belize, India, Botswana, Angola and Singapore, plus Thailand's marriage-equality law.
