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LGBT Rights in Vichada department

Vichada is governed by federal Colombia law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal

Public Opinion

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History

Homosexual activity in Vichada

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Homosexual activity in Vichada is legal.

Current status
Since Jun 24, 2000
Legal
It has been legal since 1988 but the current criminal code was enacted in 2000.
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Vichada

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Same-sex marriage in Vichada is legal.

Current status
Since Apr 28, 2016
Legal
"The judges affirmed by a majority that marriage between people of the same sex does not violate the constitutional order," judge Maria Victoria Calle said.
Added by bjb  ·  1 accurate vote  ·  Report Error  ·  Log

Jan 29, 2009–Apr 28, 2016
Other type of partnership
A Colombia court ruling implies that even though there are no specific legal provisions, same sex couples can now file for the same right and protection like a different-sex marriage using the provision of a "de facto union" in the 1991 constitution
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in Vichada

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Censorship of LGBT Issues in Vichada is no censorship.

Current status
No censorship
In Colombia, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Vichada

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Right to change legal gender in Vichada is legal, no restrictions.

Current status
Since Jun 4, 2015
Legal, no restrictions
In response to two rulings of the Constitutional Court in 2015, the Colombian Government issued a decree on 4 June 2015 to simplify the process by which adults over 18 can legally change their gender. The decree, signed by the Ministry of Justice and the Ministry of the Interior, says the gender change is justified by a person's individual choice; it eliminates the requirement for psychiatric or physical examinations.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log

2013–Jun 4, 2015
Legal, but requires surgery
DECISION T-918-12
The Constitutional Court rules on the right to sexual identity, its relationship with the right to health in the case of transgender people and the change of the marital status of persons on the grounds on gender reassignment. The Chamber rules that it is the duty of the Health Promotion Agency to which the plaintiff is registered, to apply the procedures needed for the gender reassignment surgery, since these are covered by the Compulsory Health Plan (POS).
Additionally, in the action for protection it is requested the application of all the procedures required for the normalization of the process of feminization and changing registration of gender from MALE to FEMALE, without leaving in this document any record of the biological condition.

DECREE 1227 OF 2015
On June 5, the Colombian President signed Decree 1227, which authorizes citizens to change their sex on identification documents through a Notary Public and without having to prove their sexual identity through psychiatric or physical evaluations.
Sources:
DECISION T-918-12: corteconstitucional.gov.co/…


DECREE 1227 OF 2015:
wp.presidencia.gov.co/sitio…
Added by diegorosemary  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Vichada

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Legal recognition of non-binary gender in Vichada is recognized.

Current status
Since Feb 2022
Recognized
The Constitutional Court of Columbia ruled that a non-binary person was entitled to a birth certificate and identity card with a "no binario"/"NB" sex marker.
Added by beeurd  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in Vichada

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LGBT discrimination in Vichada is illegal.

Current status
Since Nov 30, 2011
Illegal
Sexual orientation is explicitly covered in the law. Gender Identity on the other hand, is not mentioned explicitly but is implied.
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in Vichada

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

Current status
Since May 7, 2018
Sexual orientation and gender identity
Article 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.
Added by Gus_Braga  ·  0 accurate votes  ·  Report Error  ·  Log

Nov 30, 2011–May 6, 2018
Sexual orientation only
Article 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 by Markissik  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in Vichada

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

Current status
Since Dec 9, 2021
Sexual orientation and gender identity
Article 134A of the Penal Code (2000), amended by Law No. 1,482 (2011), criminalizes discrimination based on "sexual orientation", while Article 136C (3) and (4) increases the penalty if such discrimination is committed by public servants or during the provision of public services.
These provisions prohibit discrimination based on “sexual orientation” in general terms and therefore apply to employment. Article 136C (6) also includes the reason for denial or restriction of employment rights as an aggravating circumstance.

Added to the previous factor we have the SU440-21 decision of the Colombian Constitutional Court. The Colombian Supreme Court "Corte Constitucional de Colombia" ruled on December 9, 2021 based on decision SU440-21 that trans people in Colombia cannot be discriminated against due to their gender identity when receiving financial pensions from the State, despite the ruling of having as its object the receipt of financial pensions from the State, 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 clear that discrimination based on gender identity is prohibited in other areas, which includes discrimination in housing and employment.

The Colombian Ministry of the Interior released a presidential decree in spring 2016 that provides a broad policy of procedural obligations for government institutions and territorial entities in relation to LGBTI rights. The document calls for the creation of an Intersectoral Commission to Guarantee the Rights of the LGBTI Community (Spanish: Comisión Intersectorial para la Garantía de los Derechos de la comunidad LGBTI). The decree specifically addresses the rights of LGBTI Colombians in public education, health care, prisons and as victims of armed conflicts. The text clarifies that “national entities cannot refuse to recognize that a same-sex couple can form a family and, consequently, enjoy the constitutional protections and equal opportunities provided to other families”. [26]

In May 2018, President Juan Manuel Santos issued an executive decree ordering the Ministry of the Interior to continue guaranteeing the rights of LGBT people in the social sector, namely in health, education, work, housing, recreation, sport and culture, as well as establish support programs. Therefore, this decree serves as a prohibition of housing and employment discrimination at the state level, reinforcing previous jurisdiction and legislation.
Added by Gus_Braga  ·  0 accurate votes  ·  Report Error  ·  Log

Nov 30, 2011–Dec 8, 2021
Sexual orientation only
Article 134A of the Criminal Code (2000), as amended by Article 3 of the Law No. 1,482 (2011) criminalises acts of discrimination based on "sexual orientation". This provision is formulated in broad terms and its scope of application necessarily applies to housing.
Articles 136C(3) and 136C(4) aggravate the penalty if such acts are committed by public servants or while providing public services.
Added by Markissik  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex adoption in Vichada

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Same-sex adoption in Vichada is legal.

Current status
Since Nov 4, 2015
Legal
Previously couples could only adopt a child if it was from one of the partners, but the same-sex adoption law allows homosexual couples the same rights as heterosexual couples.
Added by bjb  ·  1 accurate vote  ·  Report Error  ·  Log

Sep 8, 2014–Nov 4, 2015
Step-child adoption only
Only singles can adopt
Added by valyria  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Vichada

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Serving openly in military in Vichada is legal.

Current status
Legal
Sentence T-099 of the Colombian Supreme Court exempted trans women from mandatory military conscription, but did not deprive them of serving in the military if they wish, this option is also valid for trans men. It is also worth highlighting that there has never been any impediment to the military service of homosexual and bisexual men and women.

https://www-corteconstitucional-gov-co.translate.goog/RELATORIA/2015/T-099-15.htm?_x_tr_sl=en&_x_tr_tl=pt&_x_tr_hl=pt-PT&_x_tr_pto=sc
Added by Gus_Braga  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Vichada

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Blood donations by MSMs in Vichada is legal.

Current status
Since Mar 26, 2012
Legal
Added by valyria  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Vichada

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Conversion therapy in Vichada is not banned.

Current status
Since Aug 15, 2015
Not banned
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Vichada

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Equal age of consent in Vichada is equal.

Current status
Equal
The age of consent in Colombia is 14 for people of all sexual orientations.
Sources:
ageofconsent.com/colombia.htm
buddybuddy.com/consent.html
The No-Nonsense Guide to Sexual Diversity by Vanessa Baird
Added by valyria  ·  0 accurate votes  ·  Report Error  ·  Log