Same-sex sexual acts and homosexuality is not illegal in Azerbaijan, however, it remains unacceptable in many parts of public life. In fact, homophobia is so widespread that Azerbaijan has consistently ranked as the worst place, if not one of the worst places, to be live and be gay in Europe. For instance, according to ILGA, Azerbaijan is the most homophobic country in Europe, ranking last place in its 2016-2018 rating of 49 European countries. 

As there are no references to protection from discrimination on the basis of sexual orientation or gender identity in national legislation, people engaging in same-sex sexual acts in Azerbaijan are often legally at-risk, and same-sex marriages and other forms of unions cannot be registered and are not recognized by law. The Constitution of Azerbaijan states that “everyone” shall have the right to marry; however, the Family Code of Azerbaijan defines marriage as a “voluntary union between man and woman for establishing a family.” When Azerbaijan became part of the Soviet Union in 1920, Soviet laws which criminalized sex between men came into force. In 1923, in the Azerbaijan SSR, sexual intercourse between men became a criminal offense punishable by up to give years in prison for voluntary sexual relations.

Furthermore, the criminalization of healthcare provisions demonstrate the legal and public discourse surrounding same-sex sexual acts in Azerbaijan. For instance, Article 139 of the Criminal Code of the Republic of Azerbaijan imposes criminal liability for the infection of another person with a sexually transmitted disease (such as HIV) by a person who knew that they had this disease. 

Similarly, legislation of the Republic of Azerbaijan does not directly provide protection from discrimination on the basis of gender identity and/or expression. Article 4 of the Law on Identification Card of the Citizen of the Republic of Azerbaijan allows for change of name, address, marital status, and correction of incorrect information; however, the law does not allow for change of a person’s gender marker. 

So, while freedom of expression is guaranteed under Article 47 of the Constitution, there are widespread reports about threats, harassments and violence against individuals in the LGBTQI+ community. Even the European Commission against Racism and Intolerance (ECRI) published a report in 2016 that cited the absence of any protective legal provisions for LGBTQI+ individuals, forcing most, if not all, to hide their identities on a daily basis.