|Status||Illegal: Islamic Sharia Law is applied (since 1966) |
|Penalty||Up to 3 years imprisonment with fines up to 10,000 dinars, torture, beatings, or vigilante execution|
|Gender identity||Both male and female is illegal|
|Recognition of relationships||No recognition of same-sex relationships|
Lesbian, gay, bisexual, and transgender (LGBT) persons in Algeria face legal challenges and discrimination not experienced by non-LGBT citizens. According to the International Lesbian and Gay Association's May 2008 report, both male and female same-sex sexual acts are illegal in Algeria.
Article 338 of Algerian law (English translation) reads:
Anyone guilty of a homosexual act is punishable with imprisonment of between 2 months and two years, and with a fine of 500 to 2000 Algerian Dinars. If one of the participants is below 18 years old, the punishment for the older person can be raised to 3 years' imprisonment and a fine of 10,000 dinars— Article 338, (ILGA May 2008 world laws report)
Article 333 of the Algerian law (English translation) reads:
"When the outrage to public decency has consisted of an act against nature with an individual of the same sex, the penalty is imprisonment of between 6 months and 3 years, and a fine of between 1,000 and 10,000 Algerian Dinars.— Article 333, ILGA May 2008 world laws report)
The criminals laws originate from the prevailing mores in Algeria that view homosexuality and cross-dressing as against the Islamic faith.
Homosexuality and cross-dressing are prohibited by law, and the prevailing social attitude is openly negative, even violent. The law does not recognize or respect the civil rights of LGBT persons. Officially, there are no gay-friendly establishments and no political organization is allowed to campaign for LGBT rights. Examples of hate crimes against homosexuals include the stoning of two men in the street in 2001 and the killing of two men, one in 1994 and the other in 1996.
"Asil Balata" was a student who was murdered for suspicion of being gay in 2019. The student was killed in his dormatory in the university district and the words "he is gay" were painted on the wall with his blood, the murderer thought that he would avoid judicial follow-up for that.
|Same-sex sexual activity legal||(Penalty: 3 years prison, fines, torture, beatings, or vigilante execution)|
|Equal age of consent|
|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)|
|Recognition of same-sex couples|
|Step-child adoption by same-sex couples|
|Joint adoption by same-sex couples|
|Gays and lesbians allowed to serve openly in the military|
|Right to change legal gender|
|Access to IVF for lesbians|
|Commercial surrogacy for gay male couples||(Illegal for all couples regardless of sexual orientation)|
|MSMs allowed to donate blood|