LGBT rights in Venezuela
| LGBT rights in Venezuela | |
|---|---|
|
|
| Same-sex sexual activity legal? | Legal since 1997 |
| Military service | No |
| Discrimination protections | Sexual orientation and gender identity/expression protections (see below) |
| Family rights | |
| Recognition of relationships |
No |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Venezuela may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Venezuela, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Homosexuality has never been punishable since Venezuelan independence. However, under the "Vagrants and Thugs' law" (Ley de vagos y maleantes) (pre-criminal behavior laws as in place in Europe and Latin America during the 20th century). In Venezuela, contrary to Spain, this law did not refer expressly to homosexuals. However, it was occasionally applied to homosexuals and transgender individuals engaged in prostitution, as well as sex workers in general as reported by amnesty International. People submitted to this law by "administrative measures" could be placed under "re-educational programs" in special "confinement places" without trial, as has also happened in many other countries, including Spain. This law was declared unconstitutional by the former Supreme Court of Justice in 1997. The universal age of consent is equal at 16.
There is no legal recognition of same-sex couples explicitly in Venezuelan law.
In 2003, a LGBT NGO called Unión Afirmativa (Affirmative Union) submitted an appeal to the Supreme Court for legal recognition of economic rights (pensions, inheritance, social security, common household, etc.) for same-sex partners. The ruling, issued on 28 February 2008 despite recognizing that "same sex partners enjoy all of the rights, civil, political, economic, social and cultural rights- they do have not special protection similar to concubinage or marriage between a man and a woman, that is, in the same terms than heterosexual partners have. Notwithstanding this, the National Assembly is the government body with the mandate to legislate to protect such rights for same-sex partners. The decision also indicated that these rights were covered under the Constitution of the Bolivarian Republic of Venezuela.
On 20 March 2009, Chamber of Deputies member Romelia Matute announced that the National Assembly would explicitly legalize same-sex unions and recognize them as asociaciones de convivencia (association by cohabitation) as part of the Gender and Equity Organic Law. This initiative was never discussed. Further other initiatives concerning this subject and recognition of identity of transgender people were submitted by the civil society to the National Assembly, but no formal discussion has ever taken place.
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Wikipedia