LGBT rights in Bolivia

LGBT rights in Bolivia
Bolivia
Same-sex sexual activity legal?	Yes
Gender identity/expression	Right to change legal gender since 2016
Discrimination protections	Yes
Family rights
Recognition of relationships	No
Restrictions:	Same-sex marriage not allowed
Adoption	Married and single people allowed to adopt

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

Law regarding same-sex sexual activity

Same-sex sexual activity is legal.

The age of consent in Bolivia is set at 14, per Article 308 Bis, Violación Infantes, Niña, Niño y Adolescentes, which punishes rape (violacion) of children under 14, "even without the use of force or intimidation and when consent is alleged" (así no haya uso de la fuerza o intimidación y se alegue consentimiento). There is a close in age exemption of three years.^[1]

Discrimination protections

Article 14(II) of the Constitution of Bolivia, implemented in February 2009, prohibits and punishes discrimination based on sexual orientation and gender identity.^[2]^{[Note 1]}

Anti-discrimination law

The Law Against Racism and All Forms of Discrimination, defines discrimination as “any form of distinction, exclusion, restriction or preference based on sex, colour, age, sexual orientation and gender identity, origin, culture, nationality, citizenship, language, religion, ideology, political or philosophical affiliation, marital status, economic, social or health status, profession, occupation, level of education, disabilities and/or physical disabilities, intellectual or sensory impairment, pregnancy, origin, physical appearance, clothing, surname or other that have the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms recognized by the Constitution and international law.” It also provides definitions for homophobia and transphobia.^[3]

Article 23 of the law, amended the Penal Code. Therefore, Article 281ter. of the Penal Code criminalizes discrimination based on sexual orientation or gender identity. In addition, Article 281quarter. on "dissemination and incitement to racism and discrimination" states that anyone who “through any means broadcasts ideas based on racial superiority or hatred, or that promote or justify racism or any kind of discrimination on the grounds described above; or that incite to violence or persecution of people, based on racist or discriminatory motives, will be imprisoned from one to five years.”^{[Note 2]}

These protections, however, are not always carried out.^[4]

Hate crimes law

No laws condemn hate crimes against LGBT people in Bolivia. In May 2016, the LGBT rights group Colectivo de Lesbianas, Gays, Bisexuales y personas Transgénero presented to the Plurinational Legislative Assembly a draft law against hate crimes based on sexual orientation or gender identity, which includes a penalty of 30 years imprisonment.^[5]

Recognition of same-sex unions

Article 63 of the constitution limits marriage and free unions ("uniones libres") to opposite-sex couples.^[6]

In July 2010, Vice President Álvaro García Linera said that the government had no plans to legalize same-sex marriage.^[7]

In April 2012, a member of the opposition coalition, the National Convergence, introduced a bill in the Plurinational Legislative Assembly to legalize same-sex civil unions.^[8]^[9] However, the bill has not advanced.^[10]

In July 2014 Bolivia's public advocate Rolando Villena called for same-sex unions to be included in the country's new Family Code.^[11] On 16 October 2014, the Bolivian Senate passed a revised Family Code that did away with any gender-specific terms. Couples had hoped that this may open the door to giving gay couples many rights that heterosexual couples enjoy. The Code was approved in the House of Representatives and was enacted in August 2015.^[12] The new Family Code made no mention of gender to do away with discrimination, but it was clarified that it has no legal weight to apply to gay couples, as a separate law is needed. LGBT rights groups have begun asking the government to pass a law so they may finally be recognised.^[13]

In April 2015, the country's Vice President stated that "sooner rather than later" a discussion on same-sex partnerships would happen in Bolivia. This statement was followed by the Senate President's comments that the Government is open to discussing the idea although the initiative is not on the current agenda. Both the leading party MAS and the opposition have expressed being open to dialogue on the issue.^[14]

On 21 September 2015, the country's largest LGBT rights group handed the Bolivian Assembly a bill to legalize same-sex unions under the term "Family Life Agreement". The Family Life Agreement proposal seeks to grant same-sex couples the same rights as heterosexual couples with the exception of adoptions.^[15]

Adoption of children

Bolivia allows both married and single people to adopt children.^[16]

Public opinion

According to Pew Research Center survey, conducted between November 7, 2013 and February 13, 2014, 22% of Bolivians supported same-sex marriage, 67% were opposed.^[17]^[18]

A poll conducted in June 2015 found that 74% of Bolivians did not support same-sex marriage.^[19] However the same poll found greater support for same-sex marriage among younger people and residents of La Paz.

Transgender people

On 25 November 2015 a law was proposed that would allow transgender people to change their legal name and genders.^[20]

On 19 May 2016, the Chamber of Deputies of Bolivia passed the Gender Identity law. A day after, the Senate passed the measure by simple majority votes.^[21] On 21 May 2016, the bill was signed into law by Vice President Álvaro García Linera.^[22] The law took effect on August 1, 2016.^[23]

The Gender Identity law allows individuals over 18 to legally change their name, gender and photography on legal documents.^[24] A psychological test proving that the person knows and voluntarily assumes the change of identity is a requirement, but gender reassignment surgery is not. The process is confidential and must carry out before the Civil Registry Service. The processing of the new documentation will take 15 days. The change of name and gender will be reversible once, after which they can not modify these data again.

Military service

The Armed Forces of Bolivia does not officially allow LGBT people to serve openly. Despite the Law Against Racism and All Forms of Discrimination, there is no inclusion. Homosexuality in the military is still considered taboo.^[25]^[26]

Summary table

Same-sex sexual activity legal	^[27]
Equal age of consent
Anti-discrimination laws in employment	(Since 2009-2010)
Anti-discrimination laws in the provision of goods and services	(Since 2009-2010)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)	(Since 2009-2010)
Hate crimes laws covering both sexual orientation and gender identity	(Proposed)
Gays allowed to serve in the military
Recognition of same-sex couples (e.g. civil unions)	(Pending)
Same-sex marriage	(Constitutional ban since 2009)
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Access to IVF for lesbians
Right to change legal gender	(Gender identity law since 2016)^[28]
Conversion therapy banned on minors
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

Bibliography

Hurtado, Edson (2014). Indígenas homosexuals - Un acercamiento a la cosmovisión sobre diversidades sexuales de siete pueblos originarios del Estado Plurinacional de Bolivia (Moxeños, Afrobolivianos, Quechuas, Ayoreos, Guaraníes, Tacanas y Aymaras) (PDF). Conexión Fondo de Emancipación. (Spanish)

Notes

↑ The official text of Article 14(II) in Spanish (Constitución Política del Estado):
El Estado prohíbe y sanciona toda forma de discriminación fundada en razón de sexo, color, edad, orientación sexual, identidad de género, origen, cultura, nacionalidad, ciudadanía, idioma, credo religioso, ideología, filiación política o filosófica, estado civil, condición económica o social, tipo de ocupación, grado de instrucción, discapacidad, embarazo, u otras que tengan por objetivo o resultado anular o menoscabar el reconocimiento, goce o ejercicio, en condiciones de igualdad, de los derechos de toda persona.
↑ The official text of Article 281ter. in Spanish (Ley Contra el Racismo y Toda Forma de Discriminación):
La persona que arbitrariamente e ilegalmente obstruya, restrinja, menoscabe, impida o anule el ejercicio de los derechos individuales y colectivos, por motivos de sexo, edad, género, orientación sexual e identidad de género, identidad cultural, filiación familiar, nacionalidad, ciudadanía, idioma, credo religioso, ideología, opinión política o filosófica, estado civil, condición económica o social, enfermedad, tipo de ocupación, grado de instrucción, capacidades diferentes o discapacidad física, intelectual o sensorial, estado de embarazo, procedencia regional, apariencia física y vestimenta, será sancionado con pena privativa de libertad de uno a cinco años.

References

LGBT rights in South America

Sovereign states	Argentina Bolivia Brazil Chile Colombia Ecuador Guyana Paraguay Peru Suriname Uruguay Venezuela

Dependencies and other territories	Falkland Islands French Guiana South Georgia and the South Sandwich Islands

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