Entry #12735: LGBT employment discrimination in Colombia

Current Version

RegionColombia
IssueLGBT employment discrimination
StatusSexual orientation and gender identity
Start DateMay 7, 2018
End Datenow
DescriptionArticle 134A of the Criminal Code (2000), as amended by Law No. 1,482 (2011), criminalises discrimination based on "sexual orientation", while Article 136C (3) and (4) aggravate the penalty if such discrimination is committed by public servants or while providing public services. These provisions ban "sexual orientation" discrimination in broad terms and therefore apply to employment. Article 136C (6) also includes the motive of denying or restricting labour rights as an aggravating factor. Added to the previous factor we have ruling SU440-21 from the Constitutional Court of Colombia. The Colombian Supreme Court "Corte Constitucional de Colombia" decided on December 9, 2021 based on ruling SU440-21 that transgender people in Colombia cannot be discriminated against due to their gender identity when receiving state financial pensions, despite the decision to have as its object the receipt of state financial pensions, the sentence in its paragraph 55, section III makes it clear that the principle by which this decision was taken is that gender identity is protected by the general constitutional clause of article 13 of the Constitution of Colombia making it clear that discrimination based on gender identity is prohibited in other areas, which includes housing and employment discrimination.
Sourceshttps://www-mininterior-gov-co.translate.goog/normativas/decreto-762-del-7-de-mayo-de-2018-politica-publica-garantia-de-los-derechos-sectores-sociales-lgbti/?_x_tr_sl=en&_x_tr_tl=pt&_x_tr_hl=pt-PT&_x_tr_pto=sc


Revision History (2)

Deleted by Notdog1996. Fixing the date

Old Value New Value (Current)
End Date2023(NONE)

Revision by Notdog1996. Fixing the dates

Old Value (Original) New Value
Start DateMay 7, 2017May 7, 2018
End DateMay 7, 20182023

Gus_Braga created this entry.