LGBT rights in Paraguay

Updated on Oct 04, 2024

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Gender identity/expression None Discrimination protections None		Military service Not banned Recognition of relationships None

Same-sex sexual activity legal? Legal since 1880, age of consent not equal Restrictions: Constitution limits marriage and de facto unions to one man and one woman

Lesbian, gay, bisexual, and transgender (LGBT) persons in Paraguay may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Paraguay since 1880. The age of consent in Paraguay is 16 for homosexuals, 14 for heterosexuals.

Recognition of same-sex relationships

There is no legal recognition of same-sex couples. Since 1992, the Constitution of Paraguay limits marriage, de facto unions and the family to one man and one woman.

Article 49 about Protection of the Family, states: "The family is the foundation of society. Its comprehensive protection will be promoted and guaranteed. This comprises the stable union of a man and a woman, their children, and the community formed with any of the ancestors or their descendants."

Article 50 about the Right To Constitute a Family, states: "Everyone has the right to constitute a family, in a formation and development under which a man and a woman will have the same rights and obligations."

Article 51 about Legal Marriages and the Effects of De Facto Unions, states: "The law will establish the formalities to be observed for the marriage between a man and a woman, the requirements for contracting it, and the causes for separation or dissolution and its effects, as well as property management provisions and other rights and obligations between spouses. A de facto union between a man and a woman, having no legal impediments to getting married and being characterized by stability and monogamy, produces a similar effect to that of a legal marriage, in accordance with the provisions established by law."

Article 52 about the Union in Marriage, states: "The union in marriage by a man and woman is one of the fundamental factors in the formation of a family."

In addition, Article 140 of the Paraguayan Civil Code expressly prohibits marriage between persons of the same sex.

In July 2010, organization "SOMOSGAY" announced their intentions to submit a same-sex marriage bill to parliament.

Adoption

Since 1997, the Adoption law states that single persons, of any sex, may adopt regardless of their marital status. Marriages and de facto unions between persons of the opposite sex, and single women have equal preference in adoption.

Discrimination protections

In Paraguay, there is no legal protection against discrimination based on sexual orientation and gender identity.

In November 2015, a bill to ban discrimination based on sexual orientation and gender identity, was introduced in the Congress.

Gender identity/expression

In Paraguay, transgender people are not allowed to legally change their name and gender on official documents. In December 2016, two trans women filed a lawsuit to change their name, based on article 25 of the Constitution on free expression and free construction of identity, and article 42 of the Civil Code that allows the change of first name.

In October 2016, the Ministry of Public Health and Social Welfare approved Resolution 695 stablishing that all transgender people may use their social name on medical records, medical history and forms. It also states that officials working in Integrated Networks of Health Services (RIISS) will be required to provide assistance and obligatory treat transgender patients with the social name with which they identify themselves.

Military service

There is no official prohibition that prevents the entry of gays and lesbians into the Armed Forces of Paraguay and the National Police.

In June 2010, the Chamber of Deputies rejected, by 42 votes against and 4 in favor, a bill that prohibited the entry of homosexuals into the Public Force, which consists of the military and the police forces.

Public opinion

According to Pew Research Center survey, conducted between November 26, 2013 and January 8, 2014, 15% of Paraguayans supported same-sex marriage, 80% were opposed.

References

LGBT rights in Paraguay Wikipedia

(Text) CC BY-SA

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