LGBT rights in Colombia
Encyclopedia
Lesbian, gay, bisexual, transgender (LGBT) rights in Colombia have progressed since consensual homosexual activity was decriminalized in 1980 with amendments to the Criminal Code. Between February 2007 and April 2008 three rulings of the Constitutional Court granted registered same-sex couples the same pension, social security and property rights as for registered heterosexual couples. Law reforms in the 1990s equalized the age of consent in Colombia at 14 for both homosexual
and heterosexual
sex.
According to an April 2002 report by the Home Office
of the United Kingdom, "It is not against Colombian law to be homosexual, but a considerable amount of public ill-will exists, as in most Latin American countries where a machismo
attitude is widespread."
states that "the State will provide conditions for the equality to be real and effective, and will adopt measures in favour of marginalised or discriminated groups." However, despite a number of favorable Constitutional Court
rulings on LGBT rights, there are no specific laws against discrimination on the basis of sexual orientation, and police harassment of gays and lesbians has been a common occurrence, with transgendered people, especially, being the targets of "widespread ridicule and stigmatization."
A 2002 assessment by the United Kingdom Home Office states that "administrative changes and court decisions since 1995 have brought in a different environment of rights and precedents." In 1998, for example, the Constitutional Court ruled that public-school teachers cannot be fired for revealing their sexual orientation, nor can private religious schools ban gay students from enrolling. In 1999, the same court unanimously ruled that the armed forces could not ban homosexuals from serving, being a violation of constitutional guarantees of "personal and family intimacy" and "the free development of one's personality." Nevertheless, "harassment and mistreatment of gays in the military continues."
property and inheritance rights to same-sex couples,
thanks to the constitutional action presented by the public interest law group of the Universidad de los Andes
against the Ley 54. The decision did not include pension or social security (health insurance) rights. In a second ruling of 5 October 2007 the Constitutional court extended social security (health insurance) benefits to same sex couples, and on a ruling of 17 April 2008 pension rights were extended. With these three rulings same-sex couples in Colombia now enjoy the main benefits as heterosexual couples under the same terms.
These three rulings by the Constitutional Court replace the defeated Civil Union Law that fell in the Congress. On 19 June 2007, a gay rights bill, treating unregistered same-sex partners the same as unregistered opposite-sex partners, was defeated in the Congress of Colombia
. Slightly different versions of the bill passed in each house of the legislature, and President Álvaro Uribe
indicated he would support it. A compromise bill then passed one house but failed in the other.
The bill was defeated by a bloc of conservative senators. The bill, which had been endorsed by President Álvaro Uribe
, would have made Colombia the first nation in Latin America
to grant gay couples in long-term relationships the same rights to health insurance, inheritance and social security as heterosexual couples. However, with the rulings of the Constitutional Court same-sex couples today enjoy the same rights that this failed bill would have given them.
In July 2011, Constitutional Court rules in a historic decision, that same-sex couples have the right to marry in Colombia. The Colombian Congress must create an equivalent of marriage for gay couples by June 20, 2013, or else couples will automatically gain the right to go to any judge or notary public to formalize their union, according to the ruling.
As Elizabeth Castillo, a lawyer and gay rights advocate, has stated, "even with the new [same-sex couples] law, many partners in gay relationships would probably be denied health and other benefits. . . . It's possible things won't change for some people," even if the law on same-sex couples' rights were to be enacted.
According to one report, in June 1992, in a town on the outskirts of Medellín
, five gay men were taken from a gay bar and killed with submachine guns by a group of men. And in July 1994, human-rights lawyer Juan Pablo Ordóñez reported that "around 7,000 of the 40,000 murders in Colombia last year were right-wing death-squad 'cleansings' of gays, transvestites and prostitutes." Ordóñez subsequently was forced to flee for his safety to the United States after alleged persecution by Colombian police.
According to a 1996 report by Ordóñez and Elliott, a Canadian lawyer,
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
and heterosexual
Heterosexuality
Heterosexuality is romantic or sexual attraction or behavior between members of the opposite sex or gender. As a sexual orientation, heterosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, physical or romantic attractions to persons of the opposite sex";...
sex.
According to an April 2002 report by the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
of the United Kingdom, "It is not against Colombian law to be homosexual, but a considerable amount of public ill-will exists, as in most Latin American countries where a machismo
Machismo
Machismo, or machoism, is a word of Spanish and Portuguese origin that describes prominently exhibited or excessive masculinity. As an attitude, machismo ranges from a personal sense of virility to a more extreme male chauvinism...
attitude is widespread."
Constitution & Legal
Article 13 of the Colombian Constitution of 1991Colombian Constitution of 1991
The Political Constitution of Colombia, better known as the Constitution of 1991, is the current governing document of the Republic of Colombia. Promulgated on July 4 of 1991 , it replaced the Constitution of 1886...
states that "the State will provide conditions for the equality to be real and effective, and will adopt measures in favour of marginalised or discriminated groups." However, despite a number of favorable Constitutional Court
Constitutional Court of Colombia
The Constitutional Court of Colombia is the highest entity in the judicial branch of government in the Republic of Colombia in charge of safeguarding the integrity and supremacy of the Colombian Constitution of 1991 within the Constitutional laws.However it is not the highest court of criminal...
rulings on LGBT rights, there are no specific laws against discrimination on the basis of sexual orientation, and police harassment of gays and lesbians has been a common occurrence, with transgendered people, especially, being the targets of "widespread ridicule and stigmatization."
A 2002 assessment by the United Kingdom Home Office states that "administrative changes and court decisions since 1995 have brought in a different environment of rights and precedents." In 1998, for example, the Constitutional Court ruled that public-school teachers cannot be fired for revealing their sexual orientation, nor can private religious schools ban gay students from enrolling. In 1999, the same court unanimously ruled that the armed forces could not ban homosexuals from serving, being a violation of constitutional guarantees of "personal and family intimacy" and "the free development of one's personality." Nevertheless, "harassment and mistreatment of gays in the military continues."
Recognition of same-sex couples
On 7 February 2007, the Colombian Constitutional Court extended common-law marriageCommon-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
property and inheritance rights to same-sex couples,
thanks to the constitutional action presented by the public interest law group of the Universidad de los Andes
University of the Andes, Colombia
The University of the Andes , is a coeducational, nonsectarian private university located in city centre Bogotá, Colombia. Founded in 1948, the University has 9 faculties: Administration, Architecture and Design, Arts and Humanities, Sciences, Social Sciences, Law, Economics, Engineering and...
against the Ley 54. The decision did not include pension or social security (health insurance) rights. In a second ruling of 5 October 2007 the Constitutional court extended social security (health insurance) benefits to same sex couples, and on a ruling of 17 April 2008 pension rights were extended. With these three rulings same-sex couples in Colombia now enjoy the main benefits as heterosexual couples under the same terms.
These three rulings by the Constitutional Court replace the defeated Civil Union Law that fell in the Congress. On 19 June 2007, a gay rights bill, treating unregistered same-sex partners the same as unregistered opposite-sex partners, was defeated in the Congress of Colombia
Congress of Colombia
The Congress of the Republic of Colombia is the name given to Colombia's bicameral national legislature.The Congress of Colombia consists of the 102-seat Senate , and the 166-seat Chamber of Representatives ...
. Slightly different versions of the bill passed in each house of the legislature, and President Álvaro Uribe
Álvaro Uribe
Alvaro Uribe Vélez was the 58th President of Colombia, from 2002 to 2010. In August 2010 he was appointed Vice-chairman of the UN panel investigating the Gaza flotilla raid....
indicated he would support it. A compromise bill then passed one house but failed in the other.
The bill was defeated by a bloc of conservative senators. The bill, which had been endorsed by President Álvaro Uribe
Álvaro Uribe
Alvaro Uribe Vélez was the 58th President of Colombia, from 2002 to 2010. In August 2010 he was appointed Vice-chairman of the UN panel investigating the Gaza flotilla raid....
, would have made Colombia the first nation in Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
to grant gay couples in long-term relationships the same rights to health insurance, inheritance and social security as heterosexual couples. However, with the rulings of the Constitutional Court same-sex couples today enjoy the same rights that this failed bill would have given them.
In July 2011, Constitutional Court rules in a historic decision, that same-sex couples have the right to marry in Colombia. The Colombian Congress must create an equivalent of marriage for gay couples by June 20, 2013, or else couples will automatically gain the right to go to any judge or notary public to formalize their union, according to the ruling.
Gay life in Colombia today
According to a report in the Washington Post, "Bogota has a thriving gay neighborhood, bars whose patrons are openly gay and a center that provides counseling and legal advice to members of the gay community. Local politicians, among them Mayor Luis Eduardo Garzón and prominent members of Congress such as Senator Armando Benedetti, have supported the drive to give more rights to gay couples . . . but violence against gays is not uncommon and discrimination remains a recurring problem."As Elizabeth Castillo, a lawyer and gay rights advocate, has stated, "even with the new [same-sex couples] law, many partners in gay relationships would probably be denied health and other benefits. . . . It's possible things won't change for some people," even if the law on same-sex couples' rights were to be enacted.
Social cleansing: early 1990s
Since the 1980s, amid widespread violence in Colombia, many gay, lesbian, and transgendered Colombians, along with thousands of other adults and children considered "human waste," "disposable people" (desechables), have been the victims of assault, extortion, torture, and murder. For example, Grupo de Ambiente, a now-defunct gay-rights group, documented "328 murders by death squads (paramilitary groups) of lesbians and gay men between 1986 and 1990. Many of the bodies found showed signs of torture and mutilation."According to one report, in June 1992, in a town on the outskirts of Medellín
Medellín
Medellín , officially the Municipio de Medellín or Municipality of Medellín, is the second largest city in Colombia. It is in the Aburrá Valley, one of the more northerly of the Andes in South America. It has a population of 2.3 million...
, five gay men were taken from a gay bar and killed with submachine guns by a group of men. And in July 1994, human-rights lawyer Juan Pablo Ordóñez reported that "around 7,000 of the 40,000 murders in Colombia last year were right-wing death-squad 'cleansings' of gays, transvestites and prostitutes." Ordóñez subsequently was forced to flee for his safety to the United States after alleged persecution by Colombian police.
According to a 1996 report by Ordóñez and Elliott, a Canadian lawyer,
Sexual minorities have become targets of the phenomenon known as "social cleansing" - the frequent, and often systematic, murder of those groups commonly referred to in Colombian society as "disposables": street children, vagrants, prostitutes, homosexuals and transvestites, and suspected petty criminals. The perpetrators point to an ineffective judicial system, and play to widespread fears about public safety, to "justify" their actions as "protecting" or "cleaning up" society, secure in the knowledge that they will never face prosecution or punishment for beating, torturing and murdering those who live on the social and economic fringes of Colombian society.