LGBT rights in Paraguay explained

Location Header:Paraguay
Legal Status:Legal since 1990, age of consent not equal
Gender Identity Expression:None
Recognition Of Relationships:None
Recognition Of Relationships Restrictions:Constitution limits marriage and de facto unions to one man and one woman
Adoption:Single persons not restricted
Military:Gay, lesbian and bisexual people allowed to serve openly
Discrimination Protections:Limited sexual orientation and gender identity protections

Lesbian, gay, bisexual, and transgender (LGBT) people in Paraguay face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples. Paraguay remains one of the few conservative countries in South America regarding LGBT rights. In January 2018, the Inter-American Court of Human Rights (IACHR) ruled that the American Convention on Human Rights mandates and requires the recognition of same-sex marriage. The ruling was fully binding on Costa Rica and sets a binding precedent for other Latin American and Caribbean countries, including Paraguay.[1] Since then, there is a pending lawsuit to recognize same-sex marriage that relies on the IACHR ruling.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Paraguay since 1990.[2] The age of consent in Paraguay is 16 for homosexuals and 14 for heterosexuals.[3]

During the dictatorship of Alfredo Stroessner from 1954 to 1989, LGBT people faced heavy persecution and were forced to maintain secret lives. On 1 September 1959, a fire broke out in the capital city of Asunción. Bernardo Aranda, a well-loved radio announcer, died in the fire. Police intervened and blamed 108 gay men for the fire. The case is known today as the "Case 108" (Caso 108). The men were arrested, tortured and their names made public. The press then blamed homosexuality as the cause of Aranda's death, with the Government of Stroessner publicly encouraging hatred and violence against LGBT people, calling them "evil", "vicious" and "abnormal".[4] LGBT groups have sought to honour the victims of Case 108, and in 2010 filmmaker Renate Costa, whose uncle was one of the 108, released a documentary, named "108 Knives of Palo" (108 Cuchillo de Palo), consisting of interviews of survivors of Case 108 and reveals the persecution they faced.[5]

Recognition of same-sex relationships

See main article: Recognition of same-sex unions in Paraguay.

There is no legal recognition of same-sex couples. Since 1992, the Constitution of Paraguay has limited marriage, de facto unions and the family to "one man and one woman".[6]

In addition, Article 140 of the Paraguayan Civil Code expressly prohibits marriage between persons of the same sex.[7]

In July 2010, organization "SOMOSGAY" announced their intention to submit a same-sex marriage bill to Parliament.[8] [9] Though, no vote happened.

In May 2017, presidential candidate Santiago Peña of the ruling Colorado Party announced his support for same-sex marriage.[10] [11] He was quickly criticised by many deputies as well as President Horacio Cartes, who months prior had unsuccessfully tried to amend the Constitution to allow him to be re-elected, a move considered anti-democratic by Opposition parties.[12] In 2013, Cartes was quoted as saying that he would shoot a bullet into his testicles were his son to express interest in marrying another man. (Me pego un tiro en las bolas, literally strike myself a gunshot to the balls[13] [14]

On 12 January 2018, SOMOSGAY announced its intention to file a petition with the Supreme Court of Justice, asking the court to legalize same-sex marriage in the country,[15] citing the 9 January 2018 advisory opinion by the Inter-American Court of Human Rights (IACHR) that signatories to the American Convention on Human Rights (of which Paraguay is one) are "required" to allow same-sex couples to marry.[16] [17] Government officials reacted negatively to the IACHR advisory opinion. In March 2018, presidential candidate Mario Abdo Benítez (Colorado Party) stated he would veto any same-sex marriage bill that passes Congress.[18] He won the election. Other opponents of the IACHR opinion have falsely claimed that it does not apply to Paraguay.[19] [20] In March 2019, with 24 votes in favor, the Senate of Paraguay approved a draft declaration declaring itself "pro-life and pro-family", expressing opposition to same-sex marriage and abortion. The move was criticised by many lawmakers who maintained that the state is secular and cannot impose moral principles or values linked to a religion.[21]

Adoption and parenting

Since 1997, the Adoption Law (Spanish; Castilian: Ley de Adopciones. Ley 1136 de 1997) states that single persons, of any sex, may adopt regardless of their marital status. Marriages and de facto unions between persons of the opposite sex, and single women have equal preference in adoption.[22] [23] [24]

Discrimination protections

In Paraguay, there is no broad legal protection against LGBTI discrimination through an anti-discrimination law, however, some specific laws and decrees contemplate in their articles the prohibition of discrimination or protection based on sexual orientation or gender identity, such as:

In November 2015, a bill to ban discrimination based on sexual orientation and gender identity was introduced to the Congress,[29] [30] but it hasn't advanced since.

Article 28 of the Internal Rules and Regulations of the Ministry of Public Defense (Spanish; Castilian: Reglamento Interno del Ministerio de la Defensa Pública) prohibits discrimination based on sexual orientation against employees of the Defense Ministry.[31]

Gender identity and expression

In Paraguay, transgender people are not allowed to legally change their name and gender on official documents. In 1993 María Gloria Bobadilla brought a case before the Paraguayan Civil Court on behalf of a Paraguayan living in Italy, Ramón Fidel, who had undergone gender reassignment surgery and wanted to be officially registered as a woman and not as a man. However, Fidel died in a traffic accident before the case could be decided.[32] In December 2016, two transgender women – Yren Rotela and Mariana Sepúlveda – filed a lawsuit to change their names, based on article 25 of the Constitution on free expression and free construction of identity, and article 42 of the Civil Code that allows the change of first name.[33]

In October 2016, the Ministry of Public Health and Social Welfare approved Resolution 695 (Resolución 695) establishing that all transgender people may use their social name on medical records, medical history and forms. It also states that officials working in Integrated Networks of Health Services (RIISS) will be required to provide assistance and obligatory treat transgender patients with the social name with which they identify themselves.[34] [35]

Conversion therapy

Law 7018 on Mental Health, enacted on November 15, 2022, states in its article 3 that "In no case can a diagnosis be made in the field of mental health on the exclusive basis of sexual choice or identity."[36]

Military service

There is no official prohibition that prevents the entry of gays, lesbians and bisexuals into the Armed Forces of Paraguay and the National Police.[37]

In June 2010, the Chamber of Deputies rejected, by 42 votes against and 4 in favor, a bill that would have prohibited the entry of homosexuals into the Public Force, which consists of the military and the police forces.[38]

School curriculum

In October 2017, the Government of Paraguay implemented a ban on discussion of LGBT issues within public schools.[39] The Minister of Education added that it might even consider burning books that raise awareness about transgender people.[40]

Living conditions

Paraguay is considered to be one of South America's most conservative countries. Reports of violence and discrimination against members of the LGBT community are frequent, and are often ignored by the police. The Catholic Church retains a strong influence and presence in the country, and has strongly opposed measures to improve the lives of LGBT people. Attitudes among the general population towards same-sex marriage and LGBT rights more generally remain low compared to other South American countries, especially neighbouring Argentina and Brazil. Additionally, a recent rise in religious fundamentalism has caused concern among LGBT advocacy groups.[41]

Pride marches

Since 2004, LGBT groups have organised pride parades in Asunción.[42]

Public opinion

According to a Pew Research Center survey, conducted between 26 November 2013 and 8 January 2014, 15% of Paraguayans supported same-sex marriage, 81% were opposed.[43] [44]

The 2017 AmericasBarometer showed that 26% of Paraguayans supported same-sex marriage.[45]

See also

Notes and References

  1. Web site: Inter-American Court endorses same-sex marriage. Agence France-Presse. Yahoo7. 9 January 2018. 9 January 2018. https://web.archive.org/web/20180109235924/https://au.news.yahoo.com/world/a/38550305/inter-american-court-endorses-same-sex-marriage/. 9 January 2018. dead.
  2. Web site: State-Sponsored Homophobia . December 2020 . PDF . Mendos, Lucas Ramón . ILGA . 1 April 2023 . https://web.archive.org/web/20230315224723/https://ilga.org/downloads/ILGA_World_State_Sponsored_Homophobia_report_global_legislation_overview_update_December_2020.pdf . 15 March 2023 .
  3. Web site: OAS (Organization of American States) – Paraguayan Penal Code (PDF) (Law 1160/1997) . es.  
  4. Web site: SOMOSGAY. somosgay.org. 12 March 2018. 22 July 2018. https://web.archive.org/web/20180722022556/http://somosgay.org/en/paraguay/108-never-again. dead.
  5. 108 Cuchillo de palo, El Mundo
  6. Web site: Paraguay: Constitución de 1992. pdba.georgetown.edu. es-LA.
  7. Web site: ARTICULO 140 del Código Civil de Paraguay. www.notarfor.com.ar. 23 January 2017. es.
  8. Web site: SOMOSGAY. 9 July 2015. 27 March 2019. https://web.archive.org/web/20190327221935/http://somosgay.org/noticias/?p=557. dead.
  9. Web site: SOMOSGAY. somosgay.org. 12 April 2011. 27 March 2019. https://web.archive.org/web/20190327221950/http://somosgay.org/noticias/?p=551. dead.
  10. Web site: Peña se retracta sobre el matrimonio igualitario. ultimahora.com.
  11. Web site: "El matrimonio igualitario es inmoral" - Nacionales - ABC Color. www.abc.com.py.
  12. Web site: Paraguay fears dictatorship as president moves to amend constitution. Laurence. Blair. 30 March 2017. www.theguardian.com.
  13. Web site: Me pego un tiro en las bolas. www.hoy.com.py (in Spanish).
  14. Web site: Horacio Cartes: Millionaire. Criminal. Business titan.. 19 April 2013. The Independent.
  15. News: 12 January 2018 . LGTBI anuncia presión a Corte para aceptar unión igualitaria y habrá 'guerra' . Hoy (Paraguay) . 14 January 2018 . https://web.archive.org/web/20180114043054/https://www.hoy.com.py/nacionales/lgtbi-anuncia-presin-a-corte-para-aceptar-unin-igualitaria-y-habr-guerra . 14 January 2018.
  16. News: Inter-American Court endorses same-sex marriage; Costa Rica reacts. 12 January 2018. Tico Times.
  17. News: Latin American human rights court urges same-sex marriage legalization. Andres Pretel. Enrique. 12 January 2018.
  18. Web site: HOY / Marito avisa: defenderá la familia y vetará cualquier proyecto "progay". www.hoy.com.py (in Spanish).
  19. Web site: Matrimonio igualitario: Sugieren adecuar leyes. ultimahora.com.
  20. Web site: Opinión de Corte IDH sobre matrimonio igualitario no afecta a Paraguay. www.ultimahora.com.
  21. News: 22 March 2019 . Cámara de Senadores se declara provida y profamilia . es . Radio Marandú . https://web.archive.org/web/20190325163636/https://radiomarandu.com.py/2019/03/22/camara-de-senadores-se-declara-provida-y-profamilia/ . 25 March 2019.
  22. Web site: Ley de Adopciones. Ley 1136 de 1997.. es. 26 January 2017. https://web.archive.org/web/20170202044401/http://www.snna.gov.py/archivos/documentos/Ley_de_Adopciones,_Ley_1136_de_1997_2xkfw78s.pdf. 2 February 2017. dead.
  23. Web site: Instan a anotarse en los registros para adopción. La Nación. 26 January 2017. es. 21 September 2016.
  24. Web site: Color. ABC. Gays pueden adoptar niños. 15 June 2017. es-ES.
  25. Web site: Ley 5162/2014 Código de Ejecución Penal . 4 March 2023 . es . 2014.
  26. Web site: Decree 6973 . 4 March 2023 . es . 2017.
  27. Web site: Ley 6149/2018 de Protección y Facilidades para la Naturalización de las Personas Apátridas . 4 March 2023 . es . 2018.
  28. Web site: Ley 6534/2020 de Protección de Datos Personales Crediticios . 4 March 2023 . es . 2020.
  29. Web site: Proyecto de ley "Julio Fretes" contra toda forma de discriminación. es-LA.
  30. Web site: Expediente: Proyecto de Ley "Contra toda forma de discriminación". sil2py.senado.gov.py. 22 January 2017. https://web.archive.org/web/20180103072824/http://sil2py.senado.gov.py/formulario/FichaTecnicaExpediente.pmf?q=FichaTecnicaExpediente%2F106146. 3 January 2018. dead.
  31. Web site: Reglamento Interno. Ministerio de la Defensa Pública. 2016. 7 January 2019. 29 March 2017. https://web.archive.org/web/20170329113909/http://www.mdp.gov.py/application/files/7214/6056/4494/Reglamento_Interno_-_2016.pdf. dead.
  32. News: "En el Paraguay es posible cambiar el nombre y el sexo" . Ultima Hora . 23 June 2008 . Spanish . 29 August 2021 .
  33. Web site: Mujeres trans inician trámite para cambiar de nombre. www.paraguay.com. 20 January 2017. es-LA.
  34. Web site: Color. ABC. Trans podrán utilizar su nombre social en clínicas. 20 January 2017. es-LA.
  35. Web site: Las personas Trans podrán utilizar su nombre social en clínicas. www.panambi.org.py. 20 January 2017. es-LA.
  36. Web site: Ley 7018 de Salud Mental . 3 December 2022.
  37. Web site: Gays en las FF.AA y en Policía: ¿No está prohibido pero no está permitido?. 1 March 2017. es-ES.
  38. Web site: Diputados rechazan ley que prohíbe ingreso de homosexuales a FFAA. www.paraguay.com. 1 March 2017. es.
  39. Web site: Paraguay Just Instituted A Russia-Style Ban On "Gay Propaganda". LOGO News.
  40. Web site: Paraguay will 'burn books' which don't promote 'traditional gender ideology'. 20 October 2017.
  41. Web site: Fears rise over LGBT discrimination in conservative Paraguay . 12 March 2018 . https://web.archive.org/web/20180625075525/https://wtop.com/education/2017/12/fears-rise-over-lgbt-discrimination-in-conservative-paraguay/ . 25 June 2018 . dead .
  42. Web site: Marcha del Orgullo LGBTI en Paraguay . 12 March 2018 . https://web.archive.org/web/20180313214228/https://www.aireana.org.py/Marcha_orgullo_LGBTTTI_Paraguay.html . 13 March 2018 . dead .
  43. Web site: Social Attitudes on Moral Issues in Latin America - Pew Research Center. 13 November 2014. Pew Research Center's Religion & Public Life Project. 9 July 2015.
  44. Web site: Appendix A: Methodology. 13 November 2014. Pew Research Center's Religion & Public Life Project. 9 July 2015.
  45. Web site: CULTURA POLÍTICA DE LA DEMOCRACIA EN LA REPÚBLICA DOMINICANA Y EN LAS AMÉRICAS, 2016/17.

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "LGBT rights in Paraguay".

Except where otherwise indicated, Everything.Explained.Today is © Copyright 2009-2024, A B Cryer, All Rights Reserved. Cookie policy.