LGBTQ+ Rights in Latin America

It was shortly after the turn of the millennium, in 2002, when the first LGBTQ+ right was recognized in Latin America.. The inaugural milestone was the possibility of adoption for same-sex couples in Argentina. From then on, a process of recognition of the rights of sexual dissidents began in search of guaranteeing equality with respect to other groups in society. However, there is still work to do in terms of expanding citizen rights to people belonging to the LGBTQ+ community in the region. In many Latin American countries, the right to same-sex adoption or marriage is still not recognized; In others, even the rights achieved are questioned on the public agenda, further vulnerable to these minorities.

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Analysis of the challenges faced by the LGBTQ+ community in LATAM

In this article we will briefly review the current state of LGBTQ+ rights in several Latin American countries.

Argentina

As we pointed out, Argentina was the first country to recognize an LGBTQ+ right in the region, that of joint adoption by people of the same sex. Also, in July 2010, this country

approved the Law on equal marriage and the possibility of inheriting from the couple in Latin America.

This opened the way for other countries in the region, since it highlighted the possibility of establishing a dialogue between the national jurisdictions and the needs expressed by the groups and social organizations belonging to the community. In Argentina, labor protection laws have also been passed, such as the Trans Labor Quota in 2021, which seeks to reduce inequality structural framework that prevails in society so that transvestites and trans people can access formal jobs in conditions of equity.

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Bolivia

In Bolivia there are laws that protect LGBTQ+ people in terms of gender identity and labor protection. There are no provisions in the current Penal Code that criminalize consensual sexual acts between adults of the same sex in private. However, Bolivia does not recognize same-sex marriage or civil unions.

Brazil

Brazil was another pioneer country in the region by recognizing equal marriage in 2013. In that same year, the Supreme Court eliminated medical and judicial criteria for all people who wanted to change their name and legal gender. Same-sex couples have the possibility of adopting in Brazil. The legislation in Brazil is advanced. However, many cases of attacks due to homophobia are still reported outside the legal limits.

Chili

Recently, enacted in 2021, Chile joined the list of Latin American countries to legalize same-sex marriages. As of 2019, with the Gender Identity Law, People over 14 years of age can change their name and sex on documents without restrictions. Hard work has been done to achieve the rights of the LGBTQ+ community in recent years in Chile. Some remain, however, such as the prohibition of incitement to hatred, violence or discrimination due to sexual diversity.

Colombia

In Colombia, civil unions between same-sex couples have been legal since 2011, and equal marriage since 2016. It also has a gender identity law passed in 2015 and has labor protection for people belonging to a sexual minority. Colombia has a vast list of anti-discrimination laws. However, it is necessary to note that, together with Mexico, Colombia is one of the countries that presents the most hate crimes against trans people on this list.

Ecuador

Although towards the end of the 20th century Ecuador had a Penal Code that imposed sentences of up to eight years in prison for “acts of homosexuality,” Ecuadorian legislation made great progress in terms of rights for LGBTQ+ people. Decriminalization was achieved in 1997. Hate crimes against LGBTQ+ people are contemplated, it has labor protection, and since 2019, equal marriage is legal.

Mexico

In Mexico, sexual diversity is protected against discrimination in most of its states. Since 2022, same-sex marriage is legal. Although most LGBTQ+ rights are recognized in Mexico, The right to joint adoption between people of the same sex only applies in some Mexican states., the change of sex in identity documents requires judicial permission in certain entities, and in some states a protection trial is also requested for non-gender recognition. binary.

Paraguay

For its part, in Paraguay there are several challenges for the LGBTQ+ community today. Equal marriage is not legal, nor are de facto unions. Same-sex couples do not have access to joint adoption. Furthermore, the law only allows name changes in exceptional cases, but it is not clear whether trans people can request it. Under the medical pretext that there are more cases of HIV positive in the population of men who have sexual relations with other men than in other populations, they are stigmatized and deprived of donating blood every day. today.

Peru

In Peru, several legal restrictions persist towards LGBTQ+ people. Although it has full protection against discrimination, equal access to civil union or marriage is not guaranteed, nor is adoption. Yeah Is it legal to change your registered sex?, and in identity documents it can be, but it requires the initiation of a judicial procedure—a limitation not imposed in other countries in the region.

Uruguay

The recognition of LGBTQ+ rights in Uruguay is overwhelming: since 2008, civil unions have been legal, and since 2013 same-sex marriage has been legal. Gender and adoption rights are also covered by the law. Besides, The respect of Uruguayan society towards these rights is expressed beyond the legal level., since many statistical data place Uruguay as the country with the greatest social acceptance towards the LGBTQ+ community in Latin America.

Venezuela

For its part, although in Venezuela sexual activity with consent between people of the same sex was never punished by the Penal Code, it is There are homophobic articles in the Military Justice Code that prohibit sexual acts against nature. In line with this, the challenges for the LGBTQ+ community in Venezuela are several, since joint adoption is still pending—there is only access equality to single-parent adoption—, more complete protection legislation against discrimination, and the debt of marriage also continues egalitarian.

The place of the Caribbean regarding LGBTQ+ rights

There are still several Caribbean countries on this list, but they still tend to have shared legal limitations. It is highlighted that in Honduras not only is marriage between people of the same sex not recognized, but it is prohibited; In El Salvador, marriage and the adoption of children by homosexual couples are also prohibited. However, there were also some significant advances in the region. In 2020, marriage between same-sex couples was approved in Costa Rica.

There is a reality beyond the laws

In conclusion, we could maintain that many Latin American countries currently have advanced laws regarding the rights of LGBTQ+ people. Beyond this, there is still a way to go, since, on the one hand, many countries in the region continue to establish limits and prohibitions towards a more egalitarian society. On the other hand, it is also necessary to state that there are multiple realities that escape the protection of the law; marginalized spaces where even with protective laws, LGBTQ+ people suffer discrimination and the effects of inequality simply for being LGBTQ+. In relation to this, it is important to give space to the voices of these people, their experiences, and, as appropriate, continue fighting or accompanying in the achievement of new rights for the community LGBTQ+.

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