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Out in the World: LGBTQ news from Europe and Asia

Russian Supreme Court declared global LGBTQ rights movement ‘extremist’

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(Los Angeles Blade graphic)

NEPAL

For the first time in Nepal, the marriage of a same-sex couple has been registered in the Himalayan nation between Ram Bahadur Gurung (Maya) and Surendra Pandey. (Pahichan Media screenshot)

The marriage between Maya Ram Bahadur Gurung and Surendra Pandey this past week in the Nepalese capital city of Kathmandu is being hailed by the country’s LGBTQ rights activists. Gurung, a transgender woman and Pandey, who is gay, was registered by the local municipality ward office four months after the Himalayan nation’s highest court legalized same-sex marriages in an interim order. 

Sunil Babu Pant, the former executive director/CEO and founder of the Blue Diamond Society, first LGBTQ rights organization in Nepal, who has also served in the country’s parliament was present for the civil ceremony telling the Associated Press: “After 23 years of struggle, we got this historic achievement, and finally, Maya and Surendra got their marriage registered at the local administration office.”

In a later interview with Naya Prakashan news Pant noted. “A wedding in Nepal today can become the signpost in South Asia for a more equal tomorrow.”

Human Rights Watch reported that Gurung, a trans woman who is legally recognized as male, and Pandey, a cisgender gay man, held a Hindu wedding ceremony in 2017. They first attempted to legally register their marriage in June this year at the Kathmandu District Court, following an interim order by Nepal’s Supreme Court instructing authorities to register same-sex marriages while considering a case that argues for marriage equality across the country.

When that court rejected their registration, saying it did not need to recognize a couple that was not one legal male and one legal female, they appealed to the Patan High Court in September.

But the high court judges rejected the appeal, saying that it was the responsibility of the federal government to change the law before the lower authorities could register such marriages, HRW reported.

Nepal’s civil code currently only recognizes marriages between one man and one woman. The Supreme Court attempted to rectify that by ordering the creation of an interim registry for nontraditional marriages until parliament changes the law. The two lower courts then reversed the logic by claiming that the national law must be changed first.

MALAYSIA

Johor State Assembly. (Photo courtesy of Bernama, the Malaysian government news agency)

Malaysian LGBTQ rights activists are decrying efforts by the Johor state government to establish a “rehab” center for “people in same-sex relations,” which would use the globally debunked conversion therapy to change sexual orientation.

Malaysian society is predominately Muslim and conservative. Human Rights Watch has noted that the government authorities in the Malay Archipelago are willing to enforce the rigid gender roles by which they compel all Malaysians to abide with few exceptions.

Speaking at the Johor state assembly on Wednesday, the state’s Islamic Religious Affairs Committee Chair Mohd Fared Mohd Khalid said 400,000 ringgit ($86,000) has been allocated for the rehabilitation center, which was expected to open in July next year the South China Morning Post reported.

“This rehabilitation center is established … for them to get back on the right path,” Fared told the assembly.

Aside from same-sex individuals, Fared proclaimed that the centre would also house “those who are deemed deviant” from the state-prescribed religious Islamic orthodoxy, which includes the Ahmadiyya Muslim Community and Baha’i among some 42 groups, the state’s religious affairs body has identified as “deviant.”

The Malaysian government relies on the force of law to prohibit expression and conduct that fall outside of a heterosexual, cisgender norm. It is one of only a handful of countries that explicitly makes gender nonconformity a criminal offense. 

Reacting to the rehab news, Justice for Sisters, a trans rights group, told the South China Morning Post that detaining people was a violation of the Malaysian Constitution, which safeguards personal liberty, privacy, dignity, equality and prohibits discrimination on the basis of gender.

“Detaining people on the grounds of changing their SOGIE — sexual orientation, gender identity and gender expression — amounts to torture without a doubt,” said the group’s spokesperson, Thilaga Sulathireh.

Malaysia also criminalizes consensual same-sex conduct at both the federal and state levels. Its officials frequently insist that the laws criminalizing lesbian, gay, bisexual and trans people are intended not primarily to punish, but rather to return them to “the right path,” statements echoed this past week by Johor’s Islamic Religious Affairs Committee chairman.

Human Rights Watch notes that officials under successive Malaysian governments have typically coded their approach to sexual and gender diversity in a logic of “prevention” and “rehabilitation,” backed by the threat of punishment. Former Prime Minister Muhyiddin Yassin, who was in office between March 2020 and August 2021, described LGBTQ people as a threat to Islam, backed by “foreign influences” and a “disorder” that requires counseling.

THE VATICAN

Pope Francis (Photo by palinchak via Bigstock)

Pope Francis this past week further disciplined another American prelate, retired Cardinal Raymond Burke, who has publicly critiqued Francis over the pope’s ongoing efforts for reforming the Catholic Church, especially over issues centered on LGBTQ Catholics and the LGBTQ community.

The Associated Press reported that Francis revoked Burke’s subsidized Vatican apartment and retirement salary, according to sources because he was a source of “disunity” in the church. 

The move is “unprecedented in the Francis era,” Christopher White, a Vatican observer who writes for the National Catholic Reporter, told the BBC.

“Typically, retired cardinals continue to reside in Rome after stepping down from their positions, often remaining active in papal liturgies and ceremonial duties,” he said. “Evicting someone from their Vatican apartment sets a new precedent.”

Burke, who spends much of his time in the U.S. at the Our Lady of Guadalupe shrine he founded in his native Wisconsin, has not yet been notified of the pope’s actions according to the AP.

At the end of October, the pope convened a month long conference, known as a Synod of Bishops, followed an unprecedented two-year canvassing of rank-and-file Catholics. During the conference Jesuit Fr. James Martin, a popular spiritual author and editor of the LGBTQ Catholic publication Outreach, noted that on LGBTQ issues, “There were widely diverging views on the topic,” he said.

In early November, Bishop Joseph Strickland of Eastern Texas was “relieved” of his position as head of the Diocese of Tyler by Francis after Strickland’s refusal to resign in a dispute over the church’s LGBTQ inclusion in Catholic practices. Strickland often had echoed Burke’s positions.

Although retired in 2014, Burke had an incredibly anti-LGBTQ public record since, especially in vocalizing his opposition to plans to be inclusive of the LGBTQ community. Burke was once a high-ranking U.S. archbishop and head of the Apostolic Signatura, the Vatican court, but was repeatedly demoted under Francis and then forced to retire.

In March 2020, Burke laid blame on the coronavirus pandemic on the LGBTQ community. As churches were forced to close during the lock-downs ordered by health officials, Burke wrote: 

“Worship is particularly needed now because of ‘how distant our popular culture is from God,’ he wrote, noting abortion and euthanasia, then attacking the LGBTQ equality movement, particularly activism for recognition of trans identity.

“‘We need only to think of the pervasive attack upon the integrity of human sexuality, of our identity as man or woman, with the pretense of defining for ourselves, often employing violent means, a sexual identity other than that given to us by God,” he said. “With ever greater concern, we witness the devastating effect on individuals and families of the so-called ‘gender theory.'” Burke went on to say, “There is no question that great evils like pestilence are an effect of original sin and of our actual sins.’”

Burke once compared lesbian, gay, and bisexual people to murderers.

UNITED KINGDOM

Former British Prime Minister Liz Truss speaks at the Institute for Government in September 2023. (Photo courtesy of the Institute for Government/Liz Truss’ office)

Former British Prime Minister Liz Truss is said to be backing a private bill to be introduced into the House of Commons that will ban minor children under the age of 18 from accessing hormone therapy and block the National Health Service and the UK government from recognizing their social transition.

After Truss was one of 20 backbencher MPs to be selected to bring forward a bill, a source reportedly said she chose the legislation because she believes under-18s need to be protected from “making irreversible decisions about their bodies.”

PinkNewsUK pointed out that argument fails to consider the fact that trans under-18s are typically prescribed physically reversible puberty blockers and are only permitted to do so after lengthy medical checks.

Physically reversible puberty blockers are also typically only given to teenagers over the age of 16. It is exceptionally rare for under-16s to be prescribed puberty blockers.

Despite this, Truss is expected to formally present the bill on Wednesday during a House of Commons hearing where its MP backers will also attend, PinkNewsUK also reported.

A spokesperson for the UK government said in a statement: “This government is clear on the fundamental importance of biological sex.”

Drag Race UK star The Vivienne (aka James Lee Williams). (Photo courtesy of Williams’ Facebook page)

A magistrate’s court found a 51-year-old man guilty of a hate crime in an assault on Drag Race UK star The Vivienne this past June at a local McDonald’s. Alan Whitfield told the court that he had struck James Lee Williams, aka The Vivienne, in the face claiming that his actions were not motivated by homophobia but by what he described as “banter.” 

During his testimony, 31-year-old Williams said he was subjected to a “barrage of abuse” from Whitfield after entering the fast food restaurant PinkNewsUK reported.

“He [Whitfield] carried on, then after the fourth ‘look at the state of you’ I said ‘look at the state of you’, I said ‘look at the state of your face’, to which he said ‘I’ve got skin cancer’ and then punched me straight in the face.”

PinkNewsUK reported that the RuPaul’s Drag Race UK star, who took home the crown in the first series in 2018, argued that the attack was motivated by homophobia because there were “countless other people” in the McDonald’s at the time.

Whitfield maintained throughout the proceedings that the assault “was nothing to do with him [Williams] being gay,” reiterating that he has LGBTQ members of his family.

After court deliberation, Justice Anthony Canning said that Whitfield’s evidence was “not credible.”

“Having considered this incident from beginning to end, we believe beyond reasonable doubt that the hostility shown by yourself from that outset was motivated and down to the perceived sexuality of the complainant and this was homophobic in nature.”

Whitfield will be sentenced in January.

IRELAND

Saoirse Mackin has been nominated by the Social Democrats to run in Cork City North West’s 2024 election, and she is believed to be the first openly transgender person in history to run for local election in Ireland. (Photo courtesy of Saoirse Mackin)

A 25-year-old second year law student at the University College Cork is set to make history the first openly trans person in history to run for local election in Ireland.

Saoirse Mackin, who co-founded Trans+ Pride Cork in 2022, was nominated by the Social Democrats to run in Cork City North West’s 2024 election. Mackin, who transitioned in 2017, told LGBTQ+ media outlet GCN – Ireland, that if elected, one of her top priorities will be eliminating the excessive healthcare barriers that are in place for trans women in Ireland. 

Mackin also advocates for better cycling infrastructures, as well as affordable housing and improved public services GCN noted.

She said, “If elected, my priority areas will include the provision of more affordable housing, improved public services, universal access to healthcare and the development of quality cycle infrastructure in Cork. I will also campaign for better local amenities, such as upgraded parks, green spaces, playgrounds and sports facilities.”

In addition to being a trans activist, Mackin is also a law student and community organiser who has bravely spoken up against the growing far-right movement in Ireland. She was also named in the Irish Examiner’s 100 Women of 2022 list.

RUSSIA

A Russian Supreme Court justice reads its ruling that bans the LGBTQ rights movement, labeling it extremist. (Reuters screenshot)

Russia’s Supreme Court this past week ruled that “the international LGBTQ movement” is “extremist” which, legal experts and human rights advocates say will lead to all LGBTQ groups and organizations in Russia being banned.

The Russian Justice Ministry had lodged an administrative legal claim with the High Court to recognize the International LGBTQ public movement as extremist and ban its activity in Russia. Justice Minister Konstantin Chuychenko did not specify whether it was seeking the closure of any specific groups or organizations, or if the designation would apply more broadly to the LGBTQ community, causes and individuals.

Speaking with Agence France-Presse, the head of the Sphere human rights group, which advocates for the Russian LGBTQ community, had criticized Chuychenko‘s actions. 

“Russian authorities are once again forgetting that the LGBTQ+ community are human beings,” said Sphere head Dilya Gafurova, who has left Russia.  

Authorities “don’t just want to erase us from the public field: They want to ban us as a social group,” Gafurova told AFP. “It’s a pretty typical move for repressive non-democratic regimes — the persecution of the most vulnerable. We will continue our fight,” he added.

UN High Commissioner for Human Rights Volker Türk in a statement issued from Geneva after the ruling said:

“This decision exposes human rights defenders and anyone standing up for the human rights of LGBT people to being labeled as ‘extremist’ — a term that has serious social and criminal ramifications in Russia,” said Türk. “No one should be jailed for doing human rights work or denied their human rights based on their sexual orientation or gender identity.”

“I call on the Russian authorities to repeal, immediately, laws that place improper restrictions on the work of human rights defenders or that discriminate against LGBT people. The law must uphold and defend the principles of equality and non-discrimination. The law must never be used to perpetuate inequality and discrimination,” Türk added.

Laws that must be reformed include those prohibiting gender-affirming medical and administrative procedures, and banning so-called “LGBT propaganda,” which made it illegal to discuss LGBT issues in Russia on penalty of substantial fines, Türk said.

The Türk also pointed out the wide use of the “extremist” label is more generally used to prosecute all those perceived as opponents, including politicians, journalists, human rights defenders and others.

“LGBTIQ people exist in every country, and a legal ban on the undefined ‘international LGBT movement’ will result in more violence, discrimination, and isolation of LGBTIQ people in Russia, who are already targeted for being who they are,” said Maria Sjödin, executive director of Outright International.

“Russia, which has already restricted access to information about LGBTIQ issues, is yet again violating the human rights of LGBTIQ people by restricting freedoms of association and expression. This is a great concern not just for human rights defenders focused on protecting the rights of LGBTIQ people but for everyone who believes in human rights for all,” Sjödin added.

A Russian police vehicle in Moscow. (Photo courtesy of the Russian government/TASS)

Within 48 hours of the High Court’s ruling, multiple Russian Law enforcement agencies executed a series of raids multiple queer venues in the Russian capital. At one club located on Ulitsa Malaya Yakimanka Street in the center of Moscow, there were approximately 300 people gathered when Russian security forces burst in under the pretext of searching for drugs in the establishment. Several persons were detained. 

“In the middle of the party, they stopped the music and began to enter the halls [the police]. There were also citizens of other countries at the party. At the exit, they photographed passports without permission to do so,” an LGBTQ rights activist who had previously spoken to other media outlets told the Washington Blade in a phone call Sunday.

The raids took place in at least four venues, and were reportedly expected by the clubs management and owners. 

Security forces arrived at an establishment near the Avtozavodskaya metro station and a themed strip club for men near the Polyanka metro station in central Moscow. The administration of the clubs warned visitors about the events in advance, the Moscow Times reported.

According to an eyewitness to the police raid on Mono, a bar also located in the city’s central district on Pokrovsky Boulevard, “there was the usual party, then the owner came out and said that within an hour law enforcement would arrive in connection with the recent ruling by the Supreme Court. Within 20 minutes the dance floor started to empty,” Ostorozhno Novosti, an independent Russian news outlet reported.

The Moscow Times could not independently verify Ostorozhno Novosti’s reporting, and employees from at least two of the clubs believed to have been targeted on Friday denied the reports, which they called “fakes.”

“I wake up … and I’m reading the news, and, of course, it’s hilarious. Where was [this raid] when we had nothing going on?” the manager of the club Mono said in a video posted on social media Saturday. 

The Blade has also been unable to verify Ostorozhno Novosti’s reporting on the Mono bar raid but in a series of phone calls and Telegram chats was able to determine that multiple raids had in fact taken place across central Moscow and that gay clubs and LGBTQ safe spaces were targeted.

In the Baltic city of St. Petersburg, the largest gay club, Central Station, according to independent news outlet Sota, reported the club’s management said that they were denied further rental of the site due to the “new law.”

Additional reporting from Pahichan Media, the South China Morning Post, Human Rights Watch, The BBC, PinkNewsUK, Agence France-Presse, The Moscow Times, GCN Ireland, the Vatican News and the Associated Press.

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The Vatican

New Vatican report acknowledges LGBTQ Catholics feel isolated in the church

Document contains testimonies of two gay married men

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St. Peter's Basilica on July 12, 2025. (Washington Blade photo by Michael K. Lavers)

A report the Vatican released on Tuesday acknowledges LGBTQ Catholics have felt isolated within the church.

The report, which the Vatican’s General Secretariat of the Synod’s Study Group 9 released, includes testimony from two married gay Catholics from the U.S. and Portugal.

“Regarding the resistances — limiting ourselves to those emerging from the lived experiences shared with us — we wish to highlight the following: the solitude, anguish, and stigma that accompany persons with same-sex attractions and their families, not only in society but also within the church; this is often linked to the temptation to hide in a ‘double life,'” reads the report. “Within this problematic outlook lie the positions expressed in the pressure to undergo reparative therapies or, even more gravely, in the simplistic advice to enter the sacrament of marriage.”

“At the root of both the emerging openings and the persisting resistances, it seems possible to identify a difficulty in coordinating pastoral practice and the doctrinal approach. Other testimonies received by our study group from believers with same-sex attractions further confirm how arduous it is for individuals and Christian communities to reconcile “doctrinal firmness” with “pastoral welcome,'” it adds.

The report appears to criticize so-called conversion therapy. It also states “every person, first and foremost, is singular, irreducible, irreplaceable, and original” and “this is the meaning of the Biblical-theological theme of the human being, male and female, created in the image and likeness of God.”

The National Catholic Reporter notes “a group of theologians, including bishops, priests, a sister and a layperson” the Vatican commissioned “to study ‘controversial’ issues that Pope Francis’s Synod on Synodality raised wrote the report.

Francis in 2023 launched the multi-year synod to examine on ways to reform the church.

The Argentine-born pontiff died in April 2025. Pope Leo XIV, who was born in Chicago, succeeded him.

Secretary of State Marco Rubio on Thursday met with Leo at the Vatican. The meeting took place against the backdrop of increased tensions between the U.S. and the Holy See over the Iran war.

LGBTQ Catholic groups largely welcome report

LGBTQ Catholic groups welcomed the report; even though it will not change church teachings on homosexuality, marriage, and gender identity.

“It was a really bold choice to make LGBTQ issues — or homosexuality — one of the case studies,” Brian Flanagan, a senior fellow at New Ways Ministry, a Maryland-based LGBTQ Catholic organization, told the Washington Blade on Wednesday during a telephone interview.

Flanagan is also the John Cardinal Cody Chair of Catholic Theology at Loyola University in Chicago.

“They (the study group) could have punted and said something easier,” he said. “Instead, they’re putting what was frankly one of the hottest issues leading up to and after the Synod and addressing it more head on.”

New Ways Ministry Executive Director Francis DeBernardo in a statement described the report as a “breath of refreshing air, the first acknowledgment that LGBTQ+ issues were taken seriously by the three-year global consultation of all levels of the church.”

“By establishing mechanisms and recommendations to continue dialoguing with LGBTQ+ people, the report is a significant step forward in the church’s process to become a more welcoming place for its LGBTQ+ members,” he said.

Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, in her own statement said the report “demonstrates a welcome humility and openness to learning from the People of God about people’s lives and faith journeys.”

“It is clear that the study group members understand that the doctrines of the church undermine the deep relationship with God that many LGBTQ+ people have, or try to have, and that this needs to be corrected,” she said. “Church officials have decades of testimony from people who have found their sexual orientation or gender identity to be a blessing and a gift, and their relationships to be sacred. To see this reality reflected and respected in this document is a long-awaited positive step.”

Duddy-Burke added the report largely ignores “the experiences of transgender and nonbinary people.” She further notes it “provides few concrete recommendations and proposes no doctrinal changes.”

“Rather, it calls for dialogue, encounter, and communal theological reflection to shape how the Catholic Church moves forward in addressing doctrine and pastoral practice,” said Duddy-Burke. “The paradigm shift repeatedly called for in this report is a significant and very welcome change. Experience, especially of those most impacted, must be key to developing dogma.”

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Ukraine

Ukrainian MPs advance new Civil Code without protections for same-sex couples

Advocacy groups say proposal would ‘contradict European standards’

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A Pride commemoration in Kharkiv, Ukraine, on Sept. 25, 2022. The country’s MPs have advanced a proposed new Civil Code without legal protections for same-sex couples. (Photo courtesy of Sphere Women's Association)

Ukrainian lawmakers have advanced a proposed new Civil Code that does not contain legal protections for same-sex couples.

The Kyiv Independent reported the proposal passed on its first reading on April 28 by a 254-2 vote margin.

The newspaper notes more than two dozen advocacy groups in a statement said some of the proposed Civil Code’s provisions “contradict European standards” and “violate Ukraine’s commitments under its EU accession process.”

“The most worrying provisions are those that make it impossible for a court to recognize the existence of a family relationship between people of the same sex,” the statement reads. “This overturns the already established case law on this issue, and closes the only legal avenue that allows partners to somehow protect their rights in individual cases.”

“Moreover, the draft completely ignores the obligations that Ukraine should have already fulfilled as part of its accession to the EU, as it lacks provisions that would allow people of the same sex to register their relationships,” it adds.

“The provisions also stipulate that all marriages concluded by people who have changed their gender automatically become invalid,” the statement further notes. “This is not just stagnation in the field of human rights or lack of progress on the path to European integration, but an actual setback in the legal sphere.”

Olena Shevchenko, chair of Insight, a Ukrainian LGBTQ advocacy group, in an April 28 Facebook post said the new Civil Code “is a step back on upholding the rights of women and the LGBT+ community in Ukraine.”

The Ukrainian constitution defines marriage as between a man and a woman.

President Volodymyr Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples. 

The Ukrainian Supreme Court on Feb. 25 recognized Zoryan Kis and Tymur Levchuk — a gay couple who has lived together since 2013 and married in the U.S. in 2021 — as a family. Ukraine the day before marked four years since Russia began its war against the country.

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Commentary

How do you vote a child out of their future?

Students reportedly expelled from Eswatini schools over alleged same-sex relationships

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(Photo by Vladgrin via Bigstock)

There is something deeply unsettling about a society that turns a child’s future into a public referendum. In Eswatini, there were reports that students were expelled from school over alleged same-sex relationships, and that parents were invited to vote on whether those children should remain, forcing us to confront a difficult question on when did education stop being a right and become a favor granted by collective approval? Because this is a non-neutral vote.

A vote reflects power, prejudice and personal beliefs, which are often linked to tradition, culture, politics and religion. It is shaped by fear, by stigma, by long-standing narratives about morality and belonging. To ask parents, many of whom may already hold hostile views about LGBTIQ+ people, to decide the fate of children is not consultation. It is deferring the responsibility and repercussion. It is placing the lives of young people in the hands of those most likely to deny them protection.

And where is the law in all of this?

The Kingdom of Eswatini is not operating in a vacuum. It has a constitution that guarantees the promotion and protection of fundamental rights, including equality before the law, equal protection of the laws, and the right to dignity. The constitution further goes on to protect the rights of the child, including that a child shall not be subjected to abuse, torture or other cruel, inhuman and degrading treatment or punishment.  

The Children’s Protection and Welfare Act of 2012 extends the constitution and international human rights instruments, standards and protocols on the protection, welfare, care and maintenance of children in Eswatini. The Children’s Protection and Welfare Act of 2012 promotes nondiscrimination of any child in Eswatini and says that every child must have psychosocial and mental well-being and be protected from any form of harm. The acts of this very instance place the six students prone to harm and violence. The expulsion goes against one of the mandates of this act, which stipulates that access to education is fundamental to development, therefore, taking students out of school and denying them education contradicts the law.  

Eswatini is a signatory to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. These are not just commitments made to make our governments look good and appeasing. They are obligations. The Convention on the Rights of the Child is clear regarding all actions concerning children. The best interests of the child MUST be a primary consideration and NOT secondary one. According to the CRC, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” It is not something to be weighed against public discomfort and popularity.

The African Charter on the Rights and Welfare of the Child reinforces this, grounding rights in non-discrimination (Article 3), privacy (Article 10) and protection from all forms of torture (Article 16). Access to education (Article 11) within these frameworks is not conditional but is a foundational right. It is not something that can be taken away because a child is perceived as falling outside social norms and threatening the moral fabric of society. It is a foundational right and determines one’s ability to participate in civic actions with dignity.

So again, where is the law when children are being expelled?

It is tempting to say the law is silent but that would be too generous. The law is not silent rather, it is being ignored and bypassed in favor of systems of decision-making that make those in power comfortable. When schools and their leadership defer to parental votes rather than legal standards, they are not acting neutrally. Expelling a child from school because of allegations is not a decision to be taken lightly. It disrupts education and limits future opportunities and for children already navigating identity and social pressure, this kind of exclusion can have profound psychological effects. It isolates them. It marks them for potential harm. Imagine being a child whose future is discussed in a room where people debate your worth. That is exposure. That is harm. There is a tendency to justify these actions in the language of culture, tradition, religion and protecting social cohesion. But culture is not static and the practice of Ubuntu values is not an excuse to violate rights. If anything, the principle of Ubuntu demands the opposite of what is happening here.

Ubuntu is not about conformity. It is about recognition and is the understanding that our humanity is bound up in one another. That we are diminished when others are excluded. That care, dignity, respect and compassion are not optional extras but central to how we exist together. Where, then, is Ubuntu in a school where some children are deemed unworthy of access to education?

Why are those entrusted with protecting children are failing to do so?

There is a very loud contradiction at play. On one hand, there is a claim to shared values and to the importance of community. On the other hand, there is a willingness to isolate and exclude those who do not fit within the narrow definition of what is acceptable. You cannot have both. A community that thrives on exclusion is neither cohesive nor safe.

It is worth asking why these decisions are being made in this way. Why not follow the established legal processes? Why not ensure that any disciplinary action within schools aligns with national and international obligations? Why introduce a vote at all? The answer is uncomfortable and lies in legitimacy and accountability. A vote creates the appearance of a collective agreement. But again, I reiterate, it distributes responsibility across many hands, making it hard to hold anyone accountable. It allows the school leadership to say “lesi sincumo sebantfu”(“This is what the community decided, not me”) rather than confronting their own role in human rights violations. If the law is clear and rights, responsibilities and obligations are established, then the question is not what the community feels. The question is why those entrusted with protecting children are failing to do so.

There is also a deeper issue here about whose rights are seen as negotiable. When we talk about children, we often speak of care, of understanding, of protection and safeguarding them because they are the future. But that language becomes selective when it intersects with sexuality, particularly when it involves LGBTIQ+ identities. Suddenly, care, understanding, protection, and safeguarding give way to punishment.

Easy decisions are not always just ones.

If the kingdom is serious about its commitments under its constitution, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, then those commitments must be visible in practice, not just in policy documents. Rather, they must guide decision-making in schools and in communities. That means recognizing that a child’s right to education cannot be overridden by a show of hands. It means ensuring that schools remain spaces of inclusion rather than sites of moral policing. It means holding leaders and institutions accountable when they fail to protect those in their care.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

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