2000 saw the abolishment of the Azerbaijani law forbidding homosexual interactions (gay sex). A special edition of Azerbaijan, the official newspaper of the Parliament, published on 28 May, reported that the Parliament had approved a new Criminal Code, and that the President had signed a decree bringing it into force in September. The text of the new Criminal Code was also published. From this it is clear that the old Article 113 (inherited from the Soviet era, and which punished anal sex between men with three years imprisonment) has been replaced with a new Article 150, which bans only forcible sexual acts.
Although homosexual acts between consenting male adults were officially decriminalized, reports about police abuses against gays, mainly male prostitutes, persisted during the last year. While complaining of the violence against them, the victims preferred to remain anonymous fearing retaliation on the part of police." (2001 Report of the International Helsinki Federation).
State-controlled media outlets use homosexuality as a tool to harass and discredit critics of the government and opposition journalist.
Homosexuality in Azerbaijan is an issue surrounded by confusion, ignorance, secrecy and a lack of conceptual understanding at the most basic level. There is hardly any objective and correct information on the psychological, sociological and legal aspects of homosexuality in Azerbaijan, with the result that the majority of society simply does not know what homosexuality is.
Social attitudes are generally homophobic. "Coming out" as a gay, lesbian, bisexual or transgender person is therefore rare and individual LGBT people are afraid of the consequences. Thus many of them lead double lives. Some feel deeply ashamed about being gay. Some, in particular those who are financially independent and living in Baku, are able to lead a safe life as a LGBT person, as long as they 'practice' their homosexuality in the private sphere. There is no LGBT political movement, but there is awareness among some human rights activists and LGBT people of the need for an organisation advocating for LGBT rights and protection.
The decriminilastion of consensual same-sex male acts in 2000 was a big step forward in respect for human rights. The late President Heydar Aliyev's determination to remove any obstacles to Azerbaijan's accession to the Council of Europe was the major factor leading to the decriminilisation.
The age of consent is equal for both heterosexual and homosexual sex, at 16 years of age.
As of 2009, there are no established forms of legally recognized unions for homosexuals.
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