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Public Opinion

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

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Support for same-sex marriage

(CID Gallup, 2018)
17%
Support
75%
Oppose
10%
Neutral

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History

Homosexual activity in Honduras

?

Homosexual activity in Honduras is legal.

Current status
Since Jan 1, 1899
Legal
Influenced by the Napoleonic penal code at the beginning of the century, Honduras legalised same-sex sexual activity in 1899.
Details
Sources:
www.humandignitytrust.org/l…
web.archive.org/web/2012071…
database.ilga.org/api/downl…
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Aug 27, 1880–Dec 31, 1898
Male illegal, female legal
The 1880 Penal Code of Honduras criminalised sodomy.
Details
Sources:
database.ilga.org/api/downl…
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Same-sex marriage in Honduras

?

Same-sex marriage in Honduras is banned.

Current status
Since Aug 16, 1984
Banned
The Family Code of 1984 defined a marriage as being between a man and a woman, effectively banning same-sex marriage in Honduras.

The 2005 constitution also explicitly prohibits the marriage or union between two people of the same sex.
Details
Sources:
www.honduras.com/honduras-c…
www.tsc.gob.hn/web/leyes/co…
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Censorship of LGBT issues in Honduras

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Censorship of LGBT issues in Honduras is no censorship.

Current status
No censorship
In Honduras, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

However, trans people face a risk of arrest under vaguely worded sections of the Law on Police and Social Affairs of 2001, enforcing police to "prevent and eliminate disturbances to tranquility, public morality, and proper conduct". Police crackdowns against "vagabonds", which are very vaguely defined, also target trans people at a disproportionate rate.
Details
Sources:
www.state.gov/reports/2023-…
www.hrw.org/sites/default/f…
www.hrw.org/news/2009/05/29…
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Right to change legal gender in Honduras

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Right to change legal gender in Honduras is illegal.

Current status
Illegal
Transgender people have not been legally recognized. In 2019, five LGBTI rights defenders filed an unconstitutional appeal against the National Registry of Persons Act on the grounds that there is no procedure for them to request or effect a name change in accordance with their perceived identity.

The appeal was rejected by the Supreme Court of Justice in November 2022, although the State of Honduras is required to create a procedure for legal recognition of gender identity under a 2020 ruling by the Inter-American Court of Human Rights (IACHR).
Details
Sources:
www.nationalgeographic.com/…
www.latribuna.hn/2022/05/18…
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Gender-affirming care in Honduras

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Gender-affirming care in Honduras is restricted.

Current status
Restricted
Gender-affirming care is not provided in Honduras, although not banned either.
Details
Sources:
www.theadvocatesforhumanrig…
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Legal recognition of non-binary gender in Honduras

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

Current status
Not legally recognized
No non-binary options on documents.
Details
Sources:
www.nationalgeographic.com/…
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LGBT discrimination in Honduras

?

LGBT discrimination in Honduras is illegal in some contexts.

Current status
Since Apr 6, 2013
Illegal in some contexts
In 2013, Honduras passed Decree 23 which protected people from discrimination in employment, goods and services and healthcare on the basis of sexual orientation and gender identity. There were also protections from hate crimes.

In 2020, Honduras later extended this to housing.
Details
Sources:
www.refworld.org/docid/52ce…
hn.vlex.com/vid/decreto-no-…
www.tsc.gob.hn/web/leyes/De…
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Until Apr 5, 2013
No protections
Until 2013, there were no protections from discrimination provided to LGBTIQ+ people in Honduras.
Details
Sources:
hn.vlex.com/vid/decreto-no-…
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LGBT employment discrimination in Honduras

?

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

Current status
Since Apr 6, 2013
Sexual orientation and gender identity
Since 2013, Decree 23 has protected people from discrimination on the basis of sexual orientation and gender identity in employment in Honduras.

Additionally, Article 295 of the Penal Code, in force since 2020, prohibits workplace discrimination based on sexual orientation and gender identity.
Details
Sources:
hn.vlex.com/vid/decreto-no-…

Penal Code:
www.tsc.gob.hn/web/leyes/De…
www.tsc.gob.hn/web/leyes/De…
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Until Apr 5, 2013
No protections
Until 2013, there were no protections from discrimination in employment provided to LGBTIQ+ people in Honduras.
Details
Sources:
hn.vlex.com/vid/decreto-no-…
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LGBT housing discrimination in Honduras

?

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

Current status
Since May 10, 2020
Sexual orientation and gender identity
Articles 211 and 212 of the Penal Code, in force since 2020, prohibit discrimination based on sexual orientation and gender identity.
Details
Sources:
www.tsc.gob.hn/web/leyes/De…
www.tsc.gob.hn/web/leyes/De…
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Until May 9, 2020
No protections
Until 2020, there were no protections from discrimination in housing provided to LGBTIQ+ people in Honduras.
Details
Sources:
www.tsc.gob.hn/web/leyes/De…
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Same-sex adoption in Honduras

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Same-sex adoption in Honduras is single only.

Current status
Single only
The last paragraph of Article 22 of the Special Adoption Law establishes that "It is prohibited to give girls or boys or adults for adoption to marriages or de facto unions formed by persons of the same sex." However, LGBTIQ+ singles can still adopt.
Details
Sources:
www.tsc.gob.hn/web/leyes/De…
generisonline.com/understan…
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Intersex infant surgery in Honduras

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Intersex infant surgery in Honduras is not banned.

Current status
Not banned
Intersex infant surgery is legal in Honduras but not reported.
Details
Sources:
www.state.gov/reports/2023-…
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Serving openly in military in Honduras

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Serving openly in military in Honduras is legal.

Current status
Legal
There are no known bans or restrictions on LGBTIQ+ people serving in the military in Honduras.
Details
Sources:
www.tsc.gob.hn/web/leyes/Le…
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Blood donations by MSMs in Honduras

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Blood donations by MSMs in Honduras is legal.

Current status
Since Nov 30, 2024
Legal federal law
Executive Agreement 002-2024 struck down the ban on LGBTQ+ blood donations in Honduras.
Details
Sources:
reportarsinmiedo.org/2024/1…
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Aug 1999–Nov 30, 2024
Banned (indefinite deferral) federal law
Beginning in August of 1999, Honduras banned LGBTQ+ individuals from donating blood due to a perceived higher risk of disease transmission.
Details
Sources:
reportarsinmiedo.org/2024/1…
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Conversion therapy in Honduras

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Conversion therapy in Honduras is not banned.

Current status
Not banned
Conversion therapy is legal in Honduras and reported to be occurring.
Details
Sources:
www.state.gov/reports/2023-…
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Equal age of consent in Honduras

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Equal age of consent in Honduras is equal.

Current status
Since Jan 1, 1899
Equal
In Honduras, according to Article 249 of the Penal Code (2020), the age of consent is 14 years of age.
Details
Sources:
www.tsc.gob.hn/web/leyes/De…
www.humandignitytrust.org/l…
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LGBT Rights by Department

View the LGBT laws in each individual department of Honduras.

    Equality Index ?
    44 / 100
    Legal Rights
    55 / 100
    Public Opinion
    33 / 100

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    #108
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