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LGBT Rights in Ciudad de La Habana province

Ciudad de La Habana is governed by federal Cuba law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    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
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal

Public Opinion

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History

Homosexual activity in Ciudad de La Habana

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Homosexual activity in Ciudad de La Habana 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.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Until 1979
Illegal (imprisonment as punishment)
Article 303 prohibits homosexual behaviours (punishable by 3 months in prison and/or financial fines)
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Ciudad de La Habana

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Same-sex marriage in Ciudad de La Habana 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  ·  0 accurate votes  ·  Report Error  ·  Log

Feb 14, 1975–Sep 26, 2022
Not legal
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.
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in Ciudad de La Habana

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Censorship of LGBT Issues in Ciudad de La Habana is no censorship.

Current status
No censorship
In Cuba, 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 Ciudad de La Habana

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Right to change legal gender in Ciudad de La Habana is legal, but requires surgery.

Current status
Since 2008
Legal, but requires surgery
According to ILGA official data as of October 2023, the gender marker on identity documents can only be changed if the applicant has undergone gender affirmation 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.

Legal recognition of non-binary gender in Ciudad de La Habana

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Legal recognition of non-binary gender in Ciudad de La Habana is not legally recognized.

Current status
Not legally recognized
Non-binary options missing.
Added by Notdog1996  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in Ciudad de La Habana

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LGBT discrimination in Ciudad de La Habana is illegal.

Current status
Since 2019
Illegal
Constitutional protections based on sexual orientation and gender identity have been instituted.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Ciudad de La Habana

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LGBT employment discrimination in Ciudad de La Habana 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  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in Ciudad de La Habana

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LGBT housing discrimination in Ciudad de La Habana 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  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Ciudad de La Habana

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Same-sex adoption in Ciudad de La Habana 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  ·  1 accurate vote  ·  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  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Ciudad de La Habana

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Serving openly in military in Ciudad de La Habana is legal.

Current status
Since Jan 1, 1993
Legal
Since 2016, serving openly in the military has been legalized.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Ciudad de La Habana

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Blood donations by MSMs in Ciudad de La Habana is legal.

Current status
Since Jan 1, 1979
Legal
Donating blood a is legal with no deferral after sex.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Ciudad de La Habana

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Conversion therapy in Ciudad de La Habana is not banned.

Current status
Since Jan 1, 2013
Not banned
According to ilga.org. Conversion therapy ban pending.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Ciudad de La Habana

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Equal age of consent in Ciudad de La Habana 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  ·  0 accurate votes  ·  Report Error  ·  Log