LGBT rights in Honduras

LGBT rights in Honduras

Same-sex sexual activity legal? Legal since 1899
Gender identity/expression Unknown
Military service No
Discrimination protections No
Family rights
Recognition of
relationships		 No
Restrictions:
 Same-sex marriage prohibited by constitution
Adoption Prohibited 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

Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. 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]

Issues

Law regarding same-sex sexual activity

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.[1]:page: 14[3]

Recognition of same-sex unions

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

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]

Social conditions

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]

Anti-LGBT violence

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 woman was given asylum in Spain after a police officer tried to assassinate her.[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

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.

Public opinion

According to Pew Research Center survey, conducted between November 9 and December 19, 2013, 13% of respondents supported same-sex marriage, 83% were opposed.[8][9]

Summary table

Same-sex sexual activity legal Since 1899
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Hate crimes laws include sexual orientation and gender identity
Same-sex marriages (Constitutional ban since 2005)
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

General:

References

  1. 1 2 "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults", The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy, May 2012
  2. ↑ Congreso contempla reforma al Código Penal por caso del pastor Evelio Reyes
  3. ↑ "The age of consent in Honduras", Born in Honduras, 28 February 2011
  4. 1 2 3 4 5 6 Gay Honduras News & Reports
  5. ↑ "State-sponsored Homophobia: A world survey of laws: Criminalisation, protection and recognition of same-sex love", The International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy and Jingshu Zhu, May 2013
  6. ↑ (Spanish) Transexual hondureña recibe asilo en España tras intento de asesinato
  7. ↑ "Honduras: Full and prompt investigation needed into death of human rights campaigner", Amnesty International, 14 December 2009
  8. ↑ Religion in Latin America Chapter 5: Social Attitudes
  9. ↑ Religion in Latin America Appendix A: Methodology
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