LGBT rights in El Salvador
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in El Salvador may face legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

 residents. Both male and female same-sex sexual activity is legal in El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...

, 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.

Criminal Code

In El Salvador's penal code there is no mention of laws punishing homosexuality. There are laws regarding "moral behavior and good habits" which allow judges an extended field of interpretation. The age of consent is set at 18 years, regardless of sexual orientation.

While technically legal, there were reports of armed militias targeting, "undesirables", including homosexuals and transsexuals, for executions in the late 1990s and hate crimes against LGBT are often reported by gay rights activists . It is also possible that homosexuality is a crime under military law.

Civil Rights

A national law does exist to prohibit discrimination on the basis of sexual orientation, but it is rarely enforced . Polls show high levels of prejudice directed at LGBT people, and there are many reports of anti-gay harassment and bias motivated violence .

Much of the nation's advocacy on behalf of LGBT rights comes from William Hernández and the other members of, "Asociacion Entre Amigos" (Among Friends Association), who have faced harassment and even death threats for their activism .

On 4 May 2010, President Mauricio Funes
Mauricio Funes
Carlos Mauricio Funes Cartagena is the President of El Salvador. He won the 2009 presidential election as the candidate of the left-wing Farabundo Martí National Liberation Front political party and took office on 1 June 2009.-Biography:Funes is married to Dr. Vanada Pignado, who was involved in...

 issued a presidential decree banning discrimination based on sexual orientation and gender identity in the public service.

Recognition of same-sex couples

El Salvador does not recognize same-sex unions.

AIDS/HIV

The end of the civil war and the democratization paved the way for NGO's and private citizens to campaign for AIDS-HIV education. Yet, since the 1990s, people working for such groups, most notably The Oscar Romero AIDS Project, have faced harassment and death threats .

Comprehensive sex education is opposed by the Catholic Church and many political parties. Prejudice against people living with the disease remains high, and access to the latest medical care is often difficult. Yet, some progress is being made.

Since 2005, a national policy on AIDS-HIV has been developed and it has gradually gotten the support of major politicians . In 2009, a national health plan to stop the spread of AIDS-HIV included a prohibition on sexual orientation based discrimination in health care. .

See also

  • LGBT rights in the Americas
    LGBT rights in the Americas
    Lesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...

  • Human rights in El Salvador
    Human rights in El Salvador
    -History:*La Matanza was a suppression of a 1932 peasant uprising which resulted in the death of tens of thousands of civilians.-Salvadoran Civil War:...

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