LGBT rights in Paraguay

LGBT rights in Paraguay

Same-sex sexual activity legal? Legal since 1880, age of consent not equal
Gender identity/expression None
Military service Not banned
Discrimination protections None
Family rights
Recognition of
relationships
None
Restrictions:
Constitution limits marriage and de facto unions to one man and one woman

Lesbian, gay, bisexual, and transgender (LGBT) persons in Paraguay may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is 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.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Paraguay since 1880.[1] The age of consent in Paraguay is 16 for homosexuals, 14 for heterosexuals.[2]

Recognition of same-sex relationships

There is no legal recognition of same-sex couples. Since 1992 article 51 of the constitution limits marriage and de facto unions ("uniones de hecho") to one man and one woman.[3] In July 2010, organization "SOMOSGAY"[4] announced their intentions to submit a same-sex marriage bill to parliament.[5][6]

Public opinion

According to Pew Research Center survey, conducted between November 26, 2013 and January 8, 2014, 15% of Paraguayans supported same-sex marriage, 80% were opposed.[7][8]

Summary table

Same-sex sexual activity legal (Since 1880)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages (Constitutional ban since 1992)
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Equal access to IVF and surrogacy for all couples and individuals
MSMs allowed to donate blood

See also

References

  1. State-sponsored Homophobia A world survey of laws criminalising same-sex sexual acts between consenting adults
  2. (Spanish) OAS (Organization of American States) – Paraguayan Penal Code (PDF) (Law 1160/1997) PDF (1.04 MB)
  3. Constitución Nacional
  4. (Spanish)SOMOSGAY web site
  5. "SOMOSGAY". Retrieved 9 July 2015.
  6. (Spanish)SOMOSGAY organiza el festival por la igualdad y la libertad en Paraguay
  7. "Social Attitudes on Moral Issues in Latin America - Pew Research Center". Pew Research Center's Religion & Public Life Project. 13 November 2014. Retrieved 9 July 2015.
  8. "Appendix A: Methodology". Pew Research Center's Religion & Public Life Project. 13 November 2014. Retrieved 9 July 2015.
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