Camagüey is governed by federal Cuba law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Camagüey

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Homosexual activity in Camagüey is legal.

Current status
Since 1979
Legal
Private, non-commercial sexual relations between same-sex consenting adults 16 and over have been legal in Cuba since 1979. Prior to 1979, a provision in the Social Defense code labeled "homosexual practices" as a "social threat". This prior code did not technically criminalize homosexuality but left LGBT folks in a state of limbo as they were de-facto prosecuted and some even sent to labor camps in post-revolutionary Cuba.
Sources:
theworld.org/stories/2012-0…
web.archive.org/web/2015072…//www.ilzeearner.com/spring2012/ir702/s9/Obvious%20Gaze%20and%20the%20State%20Gaze%20-%20Mariel%20Boatlift%202007.pdf
web.archive.org/web/2013012…//www.cuba-solidarity.org.uk/faqdocs/Cuba-sexual-diversity.pdf
Added by vviet93  ·  Report error  ·  Log
Ambiguous
The shaping of Cuban law is one of U.S and Spanish influence. Products of it's time as a colony and subsequent military intervention, the Civil Defense Code in 1936 ommitted previous provisions that criminalized homosexuality remanants from Cuba's colonized ruins. This did not mean LGBT Cubans did not face persecution though. Despite no laws that expressely criminalized private same-sex sexual relations, LGBT Cubans were still targeted, leaving the status of same-sex relations in a state of limbo until it's re-clarification in 1979.
Added by PersianArchitecture  ·  Report error  ·  Log
1521–1936
Illegal (death penalty as punishment)
Prior to the Spanish colonization of Cuba, no laws governed Cuban soil. History of indigenous Tainos may have shown some limited tolerance of "two-spirt" or gender diverse individuals akin to LGBT folks in modern day society, but these links are too thin to draw. The near non-existent archival of Taino culture does not help. In 1521, Cuba was incorporated into New Spain and with it governed from the Viceroyalty based in Mexico City. Cuba was recognized as a province of the Spanish empire, which granted it the same rights as any other province in Peninsular Spain, bearing the brunt of colonial anti-sodomy laws in place at the time.

Same-sex marriage in Camagüey

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Same-sex marriage in Camagüey is legal.

Current status
Since Sep 26, 2022
Legal
On 25 September, Cuba held a referendum on the development of a new family code that includes provisions that would legalise same-sex marriage and same-sex adoption. On 26 September, the President of the Cuban National Electoral Council confirmed that the referendum had passed with 66.87% of the vote. They also confirmed the result is valid and binding. The law will come into effect upon formal confirmation, expected 30 September.
Added by Sniddy  ·  Report error  ·  Log
Feb 14, 1975–Sep 26, 2022
Banned
The Cuban Constitution does not ban same sex marriage, but other statutory laws do prohibit it. Article 2 of the Family Code defines marriage as a union between a man and a woman - an amendment drafted in 2018 would have changed this but was rejected. Further consultation on changes to the Family Code are ongoing in 2022.
Jan 1, 1521–Feb 14, 1975
Unrecognized
Prior to Spanish colonization, Pre-colonial Taino society may have had limited tolerance and recognition of gender diverse individuals who modern society would consider akin to LGBT folk. Despite this, the literature on these pre-Columbian societies is non-existent. If any recognition of gender-diverse marriage existed, it may have been through spouses in polygynous households.

Censorship of LGBT issues in Camagüey

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Censorship of LGBT issues in Camagüey is no censorship.

Current status
No censorship
In Cuba, there are no laws restricting the discussion or promotion of LGBTQ+ topics. Law No.54 guarantees the constitutional right to freedom of association. It is worth nothing that in 2019, a pride parade was held in open defiance of the government's views referring to it as "subversive". 3 activists were arrested. HRW has noted concerns on freedom of expression in Cuba which could potentially affect LGBT rights activists.
Sources:
instituciones.sld.cu/socien…
france24.com/en/20190512-cu…
hrw.org/world-report/2023/c…~:text=The%20government%20controls%20virtually%20all,yet%20independent%20journalism%20remained%20forbidden.
Added by equaldex  ·  Report error  ·  Log

Right to change legal gender in Camagüey

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Right to change legal gender in Camagüey is legal, but requires surgery.

Current status
Since Jan 1, 2008
Legal, but requires surgery
The gender marker on identity documents can only be changed if the applicant has undergone gender affirmation surgery, specifically genital surgery. The petitioner must submit their request for a change of gender marker before the Civil Section of the Local Court. Next, the request is submitted to the National Commission for Comprehensive Attention to Trans People, together with the medical certification that the petitioner has undergone surgery. The following evidence must be accredited before the court: (1) the summary of the clinical records, (2) the descriptive medical criteria of the surgery with emphasis on its irreversibility, (3) a document confirming the intervention signed by the CENESEX, and (4) photographic records from before and after the intervention.

Gender affirming surgery and hormonal treatment are provided and covered by the national health system since 2008 (Resolution No. 126).

Since 2022, transgender people can change their name through self-determination. Instruction #1 of 2022 of the Ministry of Justice repealed Instruction #1 of 2012 that made the name change for trans people subject to a change of sex, following genital adjustment surgery.

Gender-affirming care in Camagüey

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Gender-affirming care in Camagüey is legal.

Current status
Since Jun 4, 2008
Legal
Gender-affirming care is legal and provided for since 2008 by the government per Ministry of Public Health Resolution No. 126.
Added by PersianArchitecture  ·  Report error  ·  Log

Legal recognition of non-binary gender in Camagüey

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Legal recognition of non-binary gender in Camagüey is not legally recognized.

Current status
Not legally recognized
Non-binary options missing.
Added by Notdog1996  ·  Report error  ·  Log

LGBT discrimination in Camagüey

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LGBT discrimination in Camagüey is illegal.

Current status
Since 2019
Illegal
Constitutional protections based on sexual orientation and gender identity have been instituted.

LGBT employment discrimination in Camagüey

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LGBT employment discrimination in Camagüey is sexual orientation and gender identity.

Current status
Since Jan 1, 2013
Sexual orientation and gender identity
Under the Cuban Criminal Code.
Added by Ausyk  ·  Report error  ·  Log

LGBT housing discrimination in Camagüey

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LGBT housing discrimination in Camagüey is sexual orientation and gender identity.

Current status
Since Dec 21, 2013
Sexual orientation and gender identity
Under the election reform law.
Added by Ausyk  ·  Report error  ·  Log

Same-sex adoption in Camagüey

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Same-sex adoption in Camagüey is legal.

Current status
Since Sep 26, 2022
Legal
On 25 September, Cuba held a referendum on the development of a new family code that includes provisions that would legalise same-sex marriage and same-sex adoption. Article 30 and 31 allow for same-sex adoption and explicitly grant the right to couples using forms of assisted reproductive technology. On 26 September, the President of the Cuban National Electoral Council confirmed that the referendum had passed with 66.87% of the vote. They also confirmed the result is valid and binding. The law will come into effect upon formal confirmation, expected 30 September.
Added by Sniddy  ·  Report error  ·  Log
Oct 11, 2016–Sep 26, 2022
Single only
No restrictions. No laws in place for same sex couples. Legalization pending.
Added by Ausyk  ·  Report error  ·  Log

Intersex infant surgery in Camagüey

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Intersex infant surgery in Camagüey is not banned.

Current status
Not banned
Not banned in Cuba.
Added by Shine  ·  Report error  ·  Log

Serving openly in military in Camagüey

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Serving openly in military in Camagüey is legal.

Current status
Since Jan 1, 1993
Legal
Since 2016, serving openly in the military has been legalized.
Added by Ausyk  ·  Report error  ·  Log

Blood donations by MSMs in Camagüey

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Blood donations by MSMs in Camagüey is legal.

Current status
Since Jan 1, 1979
Legal
Donating blood a is legal with no deferral after sex.
Added by Ausyk  ·  Report error  ·  Log

Conversion therapy in Camagüey

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Conversion therapy in Camagüey is not banned.

Current status
Since Jan 1, 2013
Not banned
According to ilga.org. Conversion therapy ban pending.
Added by Ausyk  ·  Report error  ·  Log

Equal age of consent in Camagüey

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Equal age of consent in Camagüey is equal.

Current status
Since Jan 1, 1979
Equal
The Age of Consent is currently legal in Cuba.
Sources:
en.m.wikipedia.org/wiki/LGB…~:text=Private%2C%20non%2Dcommercial%20sexual%20relations,legal%20in%20Cuba%20since%201979.
Added by Ausyk  ·  Report error  ·  Log