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LGBT Rights in El Salvador

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unrecognized, same-sex marriage and civil unions banned
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Illegal
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Illegal
    Military
    ✖ Don't Ask, Don't Tell
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal

Recent studies in El Salvador have revealed a prevalence of resistance towards LGBTQ+ rights.

History

Homosexual activity in El Salvador

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Homosexual activity in El Salvador is legal.

Current status
Since Jun 15, 1974
Legal
The penal code does not mention homosexuality explicitly and thus is assumed to be legal
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in El Salvador

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Same-sex marriage in El Salvador is unrecognized, same-sex marriage and civil unions banned.

Current status
Unrecognized, same-sex marriage and civil unions banned
Sources:
Fraternidad Gay sin Fronteras (NGO)
Added by guilfredomexsal7  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 2018–Sep 6, 2018
Foreign same-sex marriages recognized only
Gay Marriage and Gay Union legalization pending.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in El Salvador

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Censorship of LGBT Issues in El Salvador is state-enforced.

Current status
Since Feb 28, 2024
State-enforced
On February 28, 2024, the Minister of Education indicated that "any usage of gender ideology has been thrown out of public schools", which means it is no longer possible to teach about LGBT topics in schools.
Added by Notdog1996  ·  1 accurate vote  ·  Report Error  ·  Log

Until Feb 28, 2024
No censorship
In El Salvador, 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 El Salvador

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Right to change legal gender in El Salvador is illegal.

Current status
Since Jan 1, 2017
Illegal
transgender people can change their name. sex change not legal.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jan 1, 2017
Ambiguous
Human Rights activists are still fighting for this, but there are no laws applied
Sources:
Fraternidad Gay sin Fronteras (NG)
Added by guilfredomexsal7  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in El Salvador

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

Current status
Not legally recognized
El Salvador does not legally recognize non-binary identities.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in El Salvador

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LGBT discrimination in El Salvador is illegal in some contexts.

Current status
Since 2015
Illegal in some contexts
In 2015, the Salvadoran Parliament passed a law adding sexual orientation and gender identity to the Criminal Code's hate crime provisions. The Code provides a penalty of between three and six years imprisonment for those who commit a crime based on the victim's race, ethnicity, political affiliation, sexual orientation or gender identity.
Sources:
washingtonblade.com/2015/09…

web.archive.org/web/2018050…//www.asamblea.gob.sv/sites/default/files/documents/decretos/C0AB56F8-AF37-4F25-AD90-08AE401C0BA7.pdf (pages 34, 44)
Added by Markissik  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 20092015
Illegal in some contexts
The current legal measures against LGBT discrimination are only limited to the public administration.
Protection against LGBT discrimination in:
Health: Ministerial Agreement No. 202 (2009), Law 307 (2016).
Public empleoyment: Decree No. 56 (2010).
Clinical practice for students: Law 227 (2019)
Education: Law 431 (2022).
Added by Markissik  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in El Salvador

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LGBT employment discrimination in El Salvador is sexual orientation and gender identity.

Current status
Sexual orientation and gender identity
Illegal to discriminate on govt. offices, by presidential decree, but not punishable
Sources:
Fraternidad Gay sin Fronteras (NGO)
Added by guilfredomexsal7  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in El Salvador

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LGBT housing discrimination in El Salvador is no protections.

Current status
No protections
There is no LGBT discrimination protections in housing.
Added by guilfredomexsal7  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in El Salvador

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Same-sex adoption in El Salvador is illegal.

Current status
Illegal
Sources:
Fraternidad Gay sin Fronteras (NGO)
Added by guilfredomexsal7  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 1, 2015–Sep 14, 2018
Single only
Legalization pending. Required by 2018 IACHR Ruling.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in El Salvador

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Serving openly in military in El Salvador is don't ask, don't tell.

Current status
Don't Ask, Don't Tell
Sources:
Fraternidad Gay sin Fronteras (NGO)
Added by guilfredomexsal7  ·  0 accurate votes  ·  Report Error  ·  Log

Jun 15, 1974–Sep 1, 2018
Legal
No restrictions for lgbt serving.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in El Salvador

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Blood donations by MSMs in El Salvador is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
Question 27 of Annex No. 3 of the Manual for the promotion, training and selection of blood donors (2010) establishes as risky sexual behavior men who have same-sex sexual relations and men or women who have had sex with bisexual partners.
Added by guilfredomexsal7  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in El Salvador

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Conversion therapy in El Salvador is not banned.

Current status
Not banned
Not banned
Added by guilfredomexsal7  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in El Salvador

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Equal age of consent in El Salvador is equal.

Current status
Since Jun 15, 1974
Equal
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by Department

View the LGBT laws in each individual department of El Salvador.