LGBT rights in El Salvador
LGBT rights in El Salvador | |
---|---|
Status | Legal |
Military | Yes |
Discrimination protections | Yes, protections based on sexual orientation and gender identity |
Family rights | |
Recognition of relationships | No recognition of same-sex couples |
Adoption | Same-sex couples not recognized |
Lesbian, gay, bisexual, and transgender (LGBT) persons in El Salvador may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in El Salvador, 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.
Legality of same-sex sexual acitivty
In El Salvador's Penal Code, there is no mention of laws punishing homosexuality.[1] Sexual relations between people of the same sex are legal. The age of consent is equal, at 18.[2]
Recognition of same-sex relationships
Same-sex marriage is not recognized and the Federal Constitution does define marriage as between a man and a woman.[3] Since 2008, there have been proposals to further change the Constitution to restrict recognition of same-sex marriage, even when these are couples married legally outside of the country.[4] Individuals can adopt, but same-sex couples cannot adopt as a couple.[2] The Law on Family Violence also does not apply to same-sex couples.[2]
A 2010 poll revealed that El Salvador has some of the lowest support for legalizing same-sex marriage in Latin America at 10%.[5]
Discrimination protections
A national law does exist to prohibit discrimination on the basis of sexual orientation, but discrimination remains widespread.[6] Polls show high levels of prejudice directed at LGBT people, and there are many reports of anti-gay harassment and bias-motivated violence.[7]
Much of the nation's advocacy on behalf of LGBT rights comes from Wilian Hernández, Momo (Wilian's lover) and the other members of Asociación Entre Amigos (Among Friends Association), who have faced harassment and even death threats for their activism.[4]
On 4 May 2010, President Mauricio Funes issued a presidential decree banning discrimination based on sexual orientation and gender identity in the public service.[2] At the same time, President Funes created a Sexual Diversity Division within the Secretary of Social Inclusion, which was headed by a member of the lesbian community.[4] Although there have been gains on removing discrimination, activists report that outside of the government and administrative areas, discrimination is still ongoing.[4]
Military service
Lesbian, gay and bisexual people are allowed to serve openly in the Armed Forces of El Salvador.[8]
Living Conditions
While some legal advances for LGBT rights have made, public attitudes about LGBT people are often still negative, even violently intolerant.
A major reason for these negative public attitudes about LGBT people are the traditional teachings of the main religions in the country; namely the Catholic Church and several conservative, evangelical Protestant denominations.
These religious denominations believe that homosexuality and cross dressing are signs of immorality, and many of their leaders have organized opposition to LGBT rights legislation.
In July 2017, the capital city, San Salvador, authorised the permanent painting of several crossroads with the colours of the rainbow in support of LGBT rights.[9]
Violence against LGBT individuals
There have been multiple reports of violence and murders targeting homosexuals and transsexuals. It was reported that during the Salvadoran Civil War, the Atlacatl Battalion kidnapped 15 transgender sex workers in 1985. This event mobilized the early activity of William Hernández and Joaquin Caceres, who formed Entre Amigos.[4]
After the Civil War, violence against LGBT individuals continued. There were reports of violence targeting LGBT throughout the 1990s, and AIDS and LGBT rights activists received regular threats of violence.[3] A survey from 2006 until 2009 showed continued threats of violence against LGBT activists, violence against LGBT members, and lack of investigation by police in LGBT deaths as a result of gang violence.[2] On 9 September 2015, it was reported that El Salvador lawmakers passed a law enhancing penalties for hate crimes based on sexual orientation and gender identity.[10]
Elections
Hugo Salinas, former Mayor of Intipucá (2009-2012), is the only known openly gay person to have held public office in El Salvador.[11]
HIV/AIDS
The end of the Civil War and the democratization paved the way for NGOs and private citizens to campaign for HIV/AIDS education. Yet, since the 1990s, people working for such groups, most notably The Oscar Romero AIDS Project, have faced harassment and death threats.[2]
Since 2005, a national policy on HIV/AIDS has been developed, and it has gradually gotten the support of major politicians.[12] In 2009, a national health plan to stop the spread of HIV/AIDS included a prohibition on sexual orientation-based discrimination in health care.[13]
Summary table
See also
References
- ^ El Salvador Archived 14 August 2007 at the Wayback Machine Retrieved on 23 August 2007.
- ^ a b c d e f Asociación Salvadoreña de Derechos Humanos “Entre Amigos” (2010). HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL AND TRANSGENDER PERSONS IN EL SALVADOR: Shadow Report submitted to the United Nations Human Rights Committee (PDF). San Salvador.
{{cite book}}
: CS1 maint: location missing publisher (link) - ^ a b Schenk, Anna (January–February 1999). "El Salvador's New War: Lesbian Gay Activism Confronts 'Social Cleansing'". Against the Current. 78.
- ^ a b c d e Bolles, Alexandra. ""Solidarity & Actions": Exclusive Interview with Young Lesbian Activists in El Salvador Part 1". GLAAD. Retrieved 10 September 2012.
- ^ Lodola, Germán; Margarita Corral (2010). "Support for Same‐ Sex Marriage in Latin America" (PDF). AmericasBarometer Insight. 44.
- ^ El Salvador: Situation of homosexuals, including societal attitudes and availability of state protection and support services
- ^ UN HCR
- ^ Asociación Salvadoreña de Derechos Humanos “Entre Amigos” (2010). HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL AND TRANSGENDER PERSONS IN EL SALVADOR: Shadow Report submitted to the United Nations Human Rights Committee (PDF). San Salvador.
{{cite book}}
: CS1 maint: location missing publisher (link) - ^ El Salvador’s ‘Rainbow Crosswalk’ Promotes Pedestrian Safety and LGBTQ Rights
- ^ El Salvador lawmakers approve enhanced hate crime penalties
- ^ Chávez, Carlos. "Gay, VIH positivo y alcalde". La Prensa Gráfica.
- ^ Un AIDS Archived 25 March 2009 at the Wayback Machine
- ^ El Salvador: Ministerial decree to reduce homophobia in health services, UN AIDS Archived 6 July 2009 at the Wayback Machine, 3 April 2009