Gay rights in venezuela
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Non-binary rights
There are only two legally recognised genders in Venezuela, male and female.
The Human Rights Watch World Report 2024 found that Venezuela had no comprehensive legislation protecting people from discrimination based on sexual orientation and gender identity. The only two specific protections are:
- Article 21 of the Organic Law of Labour and Workers (2012) (available in Spanish), which sets out the principle of non-discrimination at work, which includes sexual orientation as a protected characteristic.
Suriname, like Venezuela, permits homosexuality but does not legally recognize same-sex unions. Additionally, same-sex marriage and de facto unions have been constitutionally banned since 1999.
When visiting Venezuela, you should remain vigilant, as the situation regarding LGBT rights can change rapidly, and information may become outdated. While homosexuality is legal, the lack of legal recognition and protection for same-sex couples and households marks a significant limitation.
However, many countries still present significant challenges and potential avenues for safeguarding these rights.
This guide explains the legal status of LGBTQ rights and identifies advocacy opportunities on behalf of these rights in Venezuela.
The document is organized into four sections to empower stakeholders with relevant legal knowledge and mechanisms for driving change:
- Section I provides an overview of the legal status of LGBTQ rights in Venezuela, highlighting challenges and progress.
- Section II examines relevant international legal instruments that Venezuela has ratified or is considering for future ratification that would help protect LGBTQ rights in the country.
- Section III explains the international human rights mechanisms to protect LGBTQ rights in Venezuela.
- Section IV outlines actions the Venezuelan state should take to protect LGBTQ persons in the future.
This guide aims to empower human rights activists, offer guidance for policymakers, and generally support LGBTQ rights in Venezuela, fostering a more inclusive society where LGBTQ individuals are fully recognized and enjoy equal protection under the law.
Read more about the Vance Center’s work on LGBTQ rights in Venezuela
This guidewas researched, written, and produced by a team from the law firm ArentFox Schiff, including Maya S.
Cohen, Mario A. Torrico, Helenka BudzynskaMietka, and Gamin Kim, in collaboration with the Cyrus R. Vance Center for International Justice.
Conversion therapy
There are no known national laws that regulate or ban conversion therapies in Venezuela. By staying involved with these organizations and supporting their work, individuals can contribute to a more inclusive and hopeful future for Venezuela’s LGBTQ+ community.
Keep in mind that situations can change rapidly, and information might be outdated. However, according to the Human Rights Council’s June 2023 report on Venezuela, in November 2022, the National Assembly started to develop an administrative procedure to enable persons to change their names to reflect their gender identity, in line with the provisions of Article 146.
By staying informed, cautious, and connected to advocacy groups, both locals and tourists can better navigate this environment and help move the country towards increased acceptance and tolerance for all.
Trans Rights In Venezuela
Venezuela has a complex history concerning trans rights. However, Article 21 does not include gender identity or gender expression as protected characteristics.
By aligning with these groups, both locals and tourists can contribute to a more inclusive and accepting environment for all.
In conclusion, the social landscape for LGBTQ+ rights in Venezuela remains complex and variable. Among these organizations is the Inter-American Commission on Human Rights (IACHR), which has called on the Venezuelan state to guarantee the rights of LGBTI individuals and develop public policies and legislation to better serve this community.
Travelers and local people alike should remain vigilant and aware of the ever-changing landscape.
While the situation for LGBT individuals in the country has improved in some aspects, such as the legality of changing one’s gender without surgery, there are still areas where progress must be made, including marriage and the protection of military service members.
For those in the LGBT community, both locals and tourists alike, the situation in Venezuela requires attentiveness and caution, as situations can change rapidly, and information may become outdated.
However, it has made strides in anti-discrimination policies, including some protections for the LGBT community, although societal acceptance remains a work in progress.
Guyana, on the other hand, presents a more challenging environment for LGBT rights. Always seek updated advice before traveling, and network with local LGBT advocacy groups to understand the current environment more accurately.
A few steps travelers can take to protect themselves include staying informed about the latest developments on LGBT rights in Venezuela, respecting local customs and values, and researching safe spaces and welcoming resources online or through word of mouth.
Connect with organizations like the Inter-American Commission on Human Rights(IACHR), which have expressed concern for the rights of the LGBT community in Venezuela and are working to improve the situation.
The IACHR has called on the Venezuelan government to implement public policies and legislation to guarantee the rights of LGBTQ+ people in the country. This acknowledgment seems promising and initiates a step towards a brighter future for LGBTQ+ individuals living in Venezuela.
The situation for tourists may differ from the local people, as tourists are often subject to the same laws and regulations as the locals.
It is crucial for visitors to stay aware of cultural nuances and be respectful of local customs.