LGBT rights in Paraguay

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LGBT rights in Paraguay
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 Yes (Since 1880)
Equal age of consent No
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No (Constitutional ban since 1992)
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Emblem-question.svg
Right to change legal gender No
Equal access to IVF and surrogacy for all couples and individuals No
MSMs allowed to donate blood No

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
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  6. (Spanish)SOMOSGAY organiza el festival por la igualdad y la libertad en Paraguay
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