LGBT rights in Honduras

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LGBT rights in Honduras
Honduras
Same-sex sexual activity legal?Legal since 1899
Gender identity/expressionUnknown
Military serviceUnknown
Discrimination protectionsNo
Family rights
Recognition of
relationships
No
Restrictions:
Same-sex marriage prohibited by constitution
AdoptionProhibited by constitution
 
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LGBT rights in Honduras
Honduras
Same-sex sexual activity legal?Legal since 1899
Gender identity/expressionUnknown
Military serviceUnknown
Discrimination protectionsNo
Family rights
Recognition of
relationships
No
Restrictions:
Same-sex marriage prohibited by constitution
AdoptionProhibited by constitution

Lesbian, gay, bisexual, and transgender (LGBT) persons in Honduras may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Honduras,[1]:page: 12 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. For example, both same-sex marriages and adoption by same-sex couples have been constitutionally banned since 2005. Discrimination against gays is illegal in Honduras under Article 321.[2]

Law regarding same-sex sexual activity[edit]

Same-sex sexual activity is legal provided that it involves consenting individuals fifteen years of age or older in private, the same as for heterosexual sex.[3][1]:page: 14

Recognition of same-sex unions[edit]

Same-sex unions are not legally recognized in Honduras. In 2005 the Constitution was amended to expressly ban legal recognition of same-sex marriage and to prohibit such couples from adopting or having custody of children.[4]

LGBT rights movement in Honduras[edit]

The constitution stipulates that citizens have the right to establish and associate with political parties and interest groups, though initial efforts to register an LGBT rights group in the 1980s were met with government opposition or extended delays. The first LGBT rights organizations arose in the 1980s anyway, often in the response to the HIV/AIDS pandemic. Such organizations had no legal standing at the time and were essentially ignored by the government, except for police harassment.

In 2004 the Government extended formal recognition to three LGBT rights interest groups, despite organized protests from the Catholic Church, Evangelical Protests, and conservative legislators.[4]

The two major political parties have not expressed any support for expanding LGBT rights. Only a handful of dissident members within the leftist Democratic Unification Party have expressed some interest in working with the LGBT community.[4]

Summary conditions[edit]

No national legislation exists to address discrimination or harassment on the basis of sexual orientation or gender identity.[5]:page: 88

Reports suggest that law enforcement often engages in or tolerates abuse.[4] Possibly as many as 200 Honduras people may have been killed because of their real or perceived sexual orientation or gender identity between 1993–2003.[4]

International human rights organizations have stated that LGBT people have been targeted by the military government for harassment, abuse and murder.[4]

In June 2013, a transsexual was given asylum in Spain after a police officer tried to assassinate him.[6]

Walter Trochez, a Honduran political activist and LGBT rights leader, was allegedly assassinated on December 13, 2009, by members of the anti-Zelaya regime for organizing dissent against the new government.[7]

HIV/AIDS[edit]

The socially conservative influence of the Catholic Church and evangelical Protestants has made it difficult for any sort of comprehensive public program to be implemented. Female prostitutes and men who have sex with men are seen as the highest risk groups. The government does offer medical care to all citizens and has been increasingly working with non-governmental organizations to raise awareness.

Living conditions[edit]

Same-sex sexual activity legalYes (since 1899)
Equal age of consentNo
Anti-discrimination laws in employment onlyNo
Anti-discrimination laws in the provision of goods and servicesNo
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)No
Same-sex marriagesNo
Recognition of same-sex couplesNo
Step-child adoption by same-sex couplesNo
Joint adoption by same-sex couplesNo
Gays and lesbians allowed to serve openly in the militaryNo
Right to change legal genderNo
Access to IVF for lesbiansNo
Commercial surrogacy for gay male couplesNo

See also[edit]

References[edit]