Current Version
| Region | Dominican Republic |
| Issue | LGBT discrimination |
| Status | Illegal in some contexts |
| Start Date | 2000 |
| End Date | (none) |
| Description | No law offers protection based on "sexual orientation" and "gender identity" in broad terms. At least three laws explicitly mention “sexual orientation” and one law "gender identity", as grounds for protection. The scope of these laws is limited to specific populations: youth (aged 14-25) and people living with HIV. Article 2 of the General Law on Youth (Law No. 49) (2000), prohibits discrimination based on "sexual orientation". Article 2 of the Law on HIV/Aids (Law No. 135) (2011) protects people living with HIV from discrimination based on "sexual orientation" and "gender identity". Article 11 on "Equality before the Law" of Law No. 76-02, which establishes the Criminal Procedure Code of the Dominican Republic, states: "All persons are equal before the law and must be treated according to the same rules. Judges and the public ministry must take into account the particular conditions of the persons and the case, but they cannot base their decisions on nationality, gender, race, creed or religion, political ideas, sexual orientation, economic or social position or any other condition with discriminatory implications. In July 2024, the Chamber of Deputies approved in its first reading a Bill on a new Penal Code of the Dominican Republic (2024), after the Senate also voted in its favour in a second reading. However, Article 185 does not include “sexual orientation” from the protected characteristics against discrimination list. |
| Sources | https://juventud.gob.do/wp-content/uploads/2020/07/Ley-general-de-juventud-49-00-ministerio-de-la-juventud-republica-dominicana.pdf https://www.wipo.int/wipolex/en/text/244468 https://database.ilga.org/api/downloader/download/1/DO%20-%20LEG%20-%20Law%20on%20HIV-AIDS%20(Law%20No.%20135)%20(2011)%20-%20OR(es).pdf Draft of the new Penal Code (2024): https://database.ilga.org/api/downloader/download/1/DO%20-%20LEG%20-%20Draft%20of%20the%20new%20Penal%20Code%20of%20the%20Dominican%20Republic%20(2024)%20-%20OR-OFF(es).pdf https://www.diariolibre.com/politica/congreso-nacional/2024/07/15/comunidad-lgbt-expresa-preocupacion-por-codigo-penal/2787104 https://caribeafirmativo.lgbt/republica-dominicana-aprueba-codigo-penal-que-criminaliza-las-practicas-sexuales-entre-personas-del-mismo-sexo-genero/ |
| Federal Law | Yes |
Revision History (12)
| Old Value | New Value (Current) | |
|---|---|---|
| Description | Protection from discrimination based on sexual orientation is prohibited by the General Law on Youth (Law 49/2000) and Article 11 of the Code of Criminal Procedure. In 2011 Law 135/2011 on HIV/AIDS prohibited discrimination based on sexual orientation and gender identity. Several attempts have been made to prohibit discrimination for LGBT folks since 2015 in the state legislatures but have encountered many barriers. A new penal code project has been considered since but has lingered in parliament. | No law offers protection based on "sexual orientation" and "gender identity" in broad terms. At least three laws explicitly mention “sexual orientation” and one law "gender identity", as grounds for protection. The scope of these laws is limited to specific populations: youth (aged 14-25) and people living with HIV. Article 2 of the General Law on Youth (Law No. 49) (2000), prohibits discrimination based on "sexual orientation". Article 2 of the Law on HIV/Aids (Law No. 135) (2011) protects people living with HIV from discrimination based on "sexual orientation" and "gender identity". Article 11 on "Equality before the Law" of Law No. 76-02, which establishes the Criminal Procedure Code of the Dominican Republic, states: "All persons are equal before the law and must be treated according to the same rules. Judges and the public ministry must take into account the particular conditions of the persons and the case, but they cannot base their decisions on nationality, gender, race, creed or religion, political ideas, sexual orientation, economic or social position or any other condition with discriminatory implications. In July 2024, the Chamber of Deputies approved in its first reading a Bill on a new Penal Code of the Dominican Republic (2024), after the Senate also voted in its favour in a second reading. However, Article 185 does not include “sexual orientation” from the protected characteristics against discrimination list. |
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| Federal Law | No | Yes |
| Sources | https://juventud.gob.do/wp-content/uploads/2020/07/Ley-general-de-juventud-49-00-ministerio-de-la-juventud-republica-dominicana.pdf https://www.wipo.int/wipolex/en/text/244468 https://www.hivjustice.net/country/do/#:~:text=Overview,with%20imprisonment%20for%20twenty%20years. https://listindiario.com/la-republica/2015/12/03/398800/sentencia-del-tc-declara-nulo-nuevo-codigo-penal.html https://web.archive.org/web/20161231054254/http://www.cdn.com.do/noticias/nacional/2016/07/28/podrian-imponer-penas-de-40-a-60-anos-de-carcel-por-asesinar-miembros-lgbt/ | https://juventud.gob.do/wp-content/uploads/2020/07/Ley-general-de-juventud-49-00-ministerio-de-la-juventud-republica-dominicana.pdf https://www.wipo.int/wipolex/en/text/244468 https://database.ilga.org/api/downloader/download/1/DO%20-%20LEG%20-%20Law%20on%20HIV-AIDS%20(Law%20No.%20135)%20(2011)%20-%20OR(es).pdf Draft of the new Penal Code (2024): https://database.ilga.org/api/downloader/download/1/DO%20-%20LEG%20-%20Draft%20of%20the%20new%20Penal%20Code%20of%20the%20Dominican%20Republic%20(2024)%20-%20OR-OFF(es).pdf https://www.diariolibre.com/politica/congreso-nacional/2024/07/15/comunidad-lgbt-expresa-preocupacion-por-codigo-penal/2787104 https://caribeafirmativo.lgbt/republica-dominicana-aprueba-codigo-penal-que-criminaliza-las-practicas-sexuales-entre-personas-del-mismo-sexo-genero/ |
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| Old Value | New Value | |
|---|---|---|
| Value | No protections | Illegal in some contexts |
| Start Date | Jan 23, 2021 | 2000 |
| Description | The new criminal code would exempt from punishment for discrimination based on sexual preference or orientation or gender, the law was signed on June 23, 2021 The old one stipulated that a person could not be fired, discriminated against or harassed in a work environment because of their sexual orientation or gender identity because it could proceed legally but after the change that was made on June 23, 2021 in the lower chamber this small section was eliminated and summarized to remove the protection for thousands of LGBT people in the Dominican republic by the lower chamber of deputies of the Dominican Republic presented by the peledeista deputy, Ysabel de la Cruz Javier, during the last ordinary session and were already approved in the next meeting. | Protection from discrimination based on sexual orientation is prohibited by the General Law on Youth (Law 49/2000) and Article 11 of the Code of Criminal Procedure. In 2011 Law 135/2011 on HIV/AIDS prohibited discrimination based on sexual orientation and gender identity. Several attempts have been made to prohibit discrimination for LGBT folks since 2015 in the state legislatures but have encountered many barriers. A new penal code project has been considered since but has lingered in parliament. |
Show Difference | ||
| Federal Law | Yes | No |
| Sources | Spanish Resources https://www.diariolibre.com/actualidad/politica/codigo-penal-eximiria-de-pena-por-discriminacion-por-preferencia-u-orientacion-sexual-o-genero-CC27253436 https://www.swissinfo.ch/spa/diputados-dominicanos-quitan-la-discriminaci%C3%B3n-a-lgtbi-del-nuevo-c%C3%B3digo-penal/46750096 English Resources https://monitor.civicus.org/explore/new-penal-code-sparks-protests-human-rights-groups-dominican-republic-avqe/ | https://juventud.gob.do/wp-content/uploads/2020/07/Ley-general-de-juventud-49-00-ministerio-de-la-juventud-republica-dominicana.pdf https://www.wipo.int/wipolex/en/text/244468 https://www.hivjustice.net/country/do/#:~:text=Overview,with%20imprisonment%20for%20twenty%20years. https://listindiario.com/la-republica/2015/12/03/398800/sentencia-del-tc-declara-nulo-nuevo-codigo-penal.html https://web.archive.org/web/20161231054254/http://www.cdn.com.do/noticias/nacional/2016/07/28/podrian-imponer-penas-de-40-a-60-anos-de-carcel-por-asesinar-miembros-lgbt/ |
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edited by sashaelfxp. The new criminal code would exempt from punishment for discrimination based on preference or sexual orientation or gender, the law was signed on June 23, 202
Helpful?
-1 | Old Value | New Value | |
|---|---|---|
| Value | Illegal in some contexts | No protections |
| Start Date | Jan 1, 2000 | Jan 23, 2021 |
| Description | Protection from discrimination based on sexual orientation was probited by the General Law on Youth (Law 49/2000) and Article 11 of the Code of Criminal Procedure. In 2011 Law 135/2011 on HIV/AIDS prohibited discrimination based on sexual orientation and gender identity. Several attempts have been made to prohibit discrimination for LGBT folks since 2015 in the state legislatures but have encountered many barriers. A new penal code project has been considered since but has lingered in parliament. | The new criminal code would exempt from punishment for discrimination based on sexual preference or orientation or gender, the law was signed on June 23, 2021 The old one stipulated that a person could not be fired, discriminated against or harassed in a work environment because of their sexual orientation or gender identity because it could proceed legally but after the change that was made on June 23, 2021 in the lower chamber this small section was eliminated and summarized to remove the protection for thousands of LGBT people in the Dominican republic by the lower chamber of deputies of the Dominican Republic presented by the peledeista deputy, Ysabel de la Cruz Javier, during the last ordinary session and were already approved in the next meeting. |
Show Difference | ||
| Federal Law | No | Yes |
| Sources | https://juventud.gob.do/wp-content/uploads/2020/07/Ley-general-de-juventud-49-00-ministerio-de-la-juventud-republica-dominicana.pdf https://www.wipo.int/wipolex/en/text/244468 https://www.hivjustice.net/country/do/#:~:text=Overview,with%20imprisonment%20for%20twenty%20years. https://listindiario.com/la-republica/2015/12/03/398800/sentencia-del-tc-declara-nulo-nuevo-codigo-penal.html https://web.archive.org/web/20161231054254/http://www.cdn.com.do/noticias/nacional/2016/07/28/podrian-imponer-penas-de-40-a-60-anos-de-carcel-por-asesinar-miembros-lgbt/ | Spanish Resources https://www.diariolibre.com/actualidad/politica/codigo-penal-eximiria-de-pena-por-discriminacion-por-preferencia-u-orientacion-sexual-o-genero-CC27253436 https://www.swissinfo.ch/spa/diputados-dominicanos-quitan-la-discriminaci%C3%B3n-a-lgtbi-del-nuevo-c%C3%B3digo-penal/46750096 English Resources https://monitor.civicus.org/explore/new-penal-code-sparks-protests-human-rights-groups-dominican-republic-avqe/ |
Show Difference | ||
edited by PersianArchitecture. Sources for all laws mentioned, and source making note of pending legislation in parliament
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | Protection from discrimination based on sexual orientation was probited by the General Law on Youth (Law 49/2000) and Article 11 of the Code of Criminal Procedure. In 2011 Law 135/2011 on HIV/AIDS prohibited discrimination based on sexual orientation and gender identity. | Protection from discrimination based on sexual orientation was probited by the General Law on Youth (Law 49/2000) and Article 11 of the Code of Criminal Procedure. In 2011 Law 135/2011 on HIV/AIDS prohibited discrimination based on sexual orientation and gender identity. Several attempts have been made to prohibit discrimination for LGBT folks since 2015 in the state legislatures but have encountered many barriers. A new penal code project has been considered since but has lingered in parliament. |
Show Difference | ||
| Sources | http://ilga.org/downloads/2017/ILGA_WorldMap_ENGLISH_Protection_2017.pdf | https://juventud.gob.do/wp-content/uploads/2020/07/Ley-general-de-juventud-49-00-ministerio-de-la-juventud-republica-dominicana.pdf https://www.wipo.int/wipolex/en/text/244468 https://www.hivjustice.net/country/do/#:~:text=Overview,with%20imprisonment%20for%20twenty%20years. https://listindiario.com/la-republica/2015/12/03/398800/sentencia-del-tc-declara-nulo-nuevo-codigo-penal.html https://web.archive.org/web/20161231054254/http://www.cdn.com.do/noticias/nacional/2016/07/28/podrian-imponer-penas-de-40-a-60-anos-de-carcel-por-asesinar-miembros-lgbt/ |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | Illegal | Illegal in some contexts |
| Start Date | (unknown) | 2000 |
| Description | All discrimination is illegal. | Protection from discrimination based on sexual orientation was probited by the General Law on Youth (Law 49/2000) and Article 11 of the Code of Criminal Procedure. In 2011 Law 135/2011 on HIV/AIDS prohibited discrimination based on sexual orientation and gender identity. |
Show Difference | ||
Reports (2)
- Newer law has been passed "https://www.hrw.org/news/2023/08/31/dominican-republic-submission-un-committee-rights-child#:~:text=But%20the%20Dominican%20Republic's%20Chamber,further%20approved%20by%20the%20Senate."
- Newer law has been passed "https://www.swissinfo.ch/spa/r-dominicana-lgtbi_diputados-dominicanos-quitan-la-discriminaci%C3%B3n-a-lgtbi-del-nuevo-c%C3%B3digo-penal/46750096"
| Old Value | New Value | |
|---|---|---|
| Value | Illegal in some contexts | Illegal |
| Description | Under anti-discrimination protections for sexual orientation only. | All discrimination is illegal. |
Show Difference | ||
Reports (7)
- Newer law has been passed "The new penal code approved in 2021 removed sexual orientation and gender identity from the laws against discrimination "
- Status is not correct "As of the 30 of june 2021 dominican Republic decriminalised the discrimination against LGBTQI+ people"
- Status is not correct
- Status is not correct
- Sources are invalid or broken
- Status is not correct
- Status is not correct "The map seems to say DR has no discrimination protections."
| Old Value | New Value | |
|---|---|---|
| Sources | No | http://ilga.org/downloads/2017/ILGA_WorldMap_ENGLISH_Protection_2017.pdf |
| Old Value | New Value | |
|---|---|---|
| Value | No protections | Illegal in some contexts |
| Description | Hate crimes law to include sexual orientation pending. | Under anti-discrimination protections for sexual orientation only. |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Description | Only under hate crimes. | Hate crimes law to include sexual orientation pending. |
| Old Value (Original) | New Value | |
|---|---|---|
| Value | No protections | Illegal in some contexts |
| Description | No | Only under hate crimes. |