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. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity, making Bolivia one of the only few countries in the world to have such constitutional protections for LGBT people. Same-sex marriage and civil unions, however, remain constitutionally banned in the country.
In 2016, Bolivia passed the Gender Identity Law, seen as one of the most progressive laws related to transgender people in the world. Additionally, since 2017, transgender people have been able to marry people of the same biological sex.
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Legality of same-sex sexual activity
Same-sex sexual activity is legal.
The age of consent in Bolivia is set at 14, per Article 308bis, Violación Infantes, Niña, Niño y Adolescentes, which punishes rape (violación) 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.
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Recognition of same-sex unions
Article 63 of the Constitution limits marriage and free unions ("uniones libres") to opposite-sex couples.
In July 2010, following the legalisation of same-sex marriage in Argentina, Vice President Álvaro García Linera said that the Government had no plans to legalize same-sex marriage.
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. However, the bill has not advanced.
In July 2014, Bolivia's public advocate Rolando Villena called for same-sex unions to be included in the country's new Family Code. 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 same-sex couples many rights that heterosexual couples enjoy. The Code was approved in the House of Representatives and was enacted in August 2015. 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 same-sex 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.
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.
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.
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.
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.
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."
Despite these protections, reports of societal discrimination against LGBT people are not uncommon.
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.
Adoption and parenting
Article 84 of Law No. 548 - Child and Adolescent Code allows single people to adopt children, regardless of their sexual orientation. However, joint adoption may only be requested by legally married couples or couples in a free union.
Gender identity and expression
On 25 November 2015, a law was proposed that would allow transgender people to change their legal name and genders.
On 19 May 2016, the Chamber of Deputies of Bolivia passed the Gender Identity Law. One day later, the Senate passed the measure by simple majority votes. On 21 May 2016, the bill was signed into law by Vice President Álvaro García Linera. The law took effect on August 1, 2016.
The Gender Identity Law allows individuals over 18 to legally change their name, gender and photography on legal documents. A psychological test proving that the person knows and voluntarily assumes the change of identity is a requirement, but sex 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 cannot modify these data again.
Since October 2016, the Bolivian Congress has debated whether to repeal the Gender Identity Law.
In June 2017, the Supreme Electoral Tribunal issued an instruction in which it notified the Civil Registry Service to proceed with the registration of marriages of transgender people. The instruction states that transgender people who have made the changes regulated by the Gender Identity Law may enter into civil marriage. This means that same-sex marriage is legal in Bolivia, but only if at least one of the two partners is transgender.
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.
Blood donation
The Supreme Decree 24547 of 1997, establishes in its article 16, the permanent prohibition of homosexual and bisexual persons to donate blood.
In June 2016, the Ombudsman asked the Government to amend the Supreme Decree 24547 of 1997, stating that the Law Against Racism and All Forms of Discrimination forbids discrimination based on sexual orientation.
Public opinion
A 2013 Pew Research Center opinion survey showed that 43% of Bolivians believe homosexuality should be accepted by society, while 49% believe it should not. Younger people were more accepting: 53% of people between 18 and 29 believe it should be accepted, 43% of people between 30 and 49 and 27% of people over 50.
According to Pew Research Center survey, conducted between 7 November 2013 and 13 February 2014, 22% of Bolivians supported same-sex marriage, 67% were opposed.
In May 2015, PlanetRomeo, a LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Bolivia was ranked 48th with a GHI score of 47.
A poll conducted in June 2015 found that 74% of Bolivians did not support same-sex marriage. However, the same poll found greater support for same-sex marriage among younger people and residents of La Paz.
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Source of the article : Wikipedia
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