Con las disculpas del caso, ya que esta es una información en inglés, queremos compartir con ustedes lo que sin duda es una buena noticia: la Corte Suprema de Justicia de Nepal –pequeño país en los Himalayas- ha resuelto muy recientemente que el gobierno está en la obligación de promulgar las leyes que sean necesarias a fin de subsanar toda forma de discriminación en contra de las personas homosexuales y transgénero.
De hecho, ya desde el mes de mayo, se dio reconocimiento legal a las personas transgéneros, reconociéndolas como un tercer sexo. Sin embargo, y de acuerdo a la resolución de la Corte Suprema, deben emitirse otras normativas, las cuales deben incluir el reconocimiento del matrimonio homosexual y los diversos derechos patrimoniales asociados a la existencia de una relación de pareja.
El gobierno –de tendencia maoísta- se ha mostrado muy lento en la promulgación de esta legislación, cosa muy preocupante en un país donde prevalecen diversas formas de discriminación, cosa que, como se explica en esta nota, ha afectado de forma directa a pacientes con sida.
Nepal Supreme Court orders full LGBT rights
(Katmandu) Nepal’s highest court has ordered the government to repeal laws against homosexuality and to enact legislation granting full rights to the country’s LGBT population, including the right to marry.
The court in its ruling criticized the the Maoist-led government for dragging its feet on a summary ruling last December that said the government must create new laws to protect gay rights and change current ones that might be tantamount to discrimination.
The government since May, when democracy was restored to the Himalayan country, has brought in some new laws - among them a recognition of the transgendered as “a third sex” - but has been slow to amend others.
In its ruling, the Supreme Court directed the government to enact all necessary laws to guarantee full rights to gays. That includes, the court ruled, the right to marry and for partners in a relationship to jointly own property and have inheritance rights.
Sunil Plant, the founder of the LGBT rights group Blue Diamond Society and Nepal’s only openly gay member of Parliament, welcomed the ruling.
“The court has instructed the government against making any discrimination on the basis of sex. This is a landmark decision for the sexual minorities and we welcome it,” Plant told Press Trust India.
“The court ordered the government to form a seven member committee to formulate laws that recognize same-sex marriages in European countries, ending all types of discriminations against gays and lesbians,” he said.
So far, the government has not responded to the ruling.
Plant was elected to Parliament in May representing a district in Katmandu, the capital - part of a leftist sweep following the abolition of the monarchy and a return to democracy in the country.
Plant predicted the ruling would end widespread LGBT discrimination that had plagued the tiny country.
Until recently, members of Nepal’s LGBT community were arbitrarily arrested, held without a hearing and beaten and tortured by prison guards.
In 2006, police arrested 26 transsexuals in one raid. According to Blue Diamond, they were taken to the Hanuman Dhoka central police station in Kathmandu where they were held for weeks without being allowed to contact anyone.
Nepal was one of several countries named in the State Department report on human rights violators in 2006.
In April last year, two young lesbians captured by Maoist guerrillas in southern Nepal in March were been released after promising to join the rebels.
Blue Diamond also said that people working in the areas of HIV prevention are regularly harassed by police.
In March, Katmandu’s only hospice for gay men with HIV/AIDS was closed after neighbors mounted a campaign against its landlord for allowing the hospice to open in the area.
Twelve patients, four of whom are terminally ill and unable to walk, were evacuated from the building on only a few hour notice.
The hospice was funded by the Elton John Foundation and operated by Blue Diamond Society.
19 de noviembre de 2008, 365 Gay,
http://www.365gay.com/news/nepal-supreme-court-orders-full-lgbt-rights/
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