Dependencias Federales is governed by federal Venezuela law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Dependencias Federales is legal.
Current status
Legal
Venezuela is one of only two South American countries to never punish homosexuality since their formation as a sovereign state. (The other being Bolivia) The only cases of homosexuals being prosecuted was under the law reagrading Vagrants and Thugs, although the legislation did not specify homosexuals, authorities would occasionally apply the law on homosexual individuals who practiced prostitution with reports of re-education camps as punishment. In 1997, the Supreme Court of Justice declared this law unconstitutional.
Same-sex marriage in Dependencias Federales is banned.
Current status
Since Dec 30, 1999
Banned
Article 77 of the constitution states that marriage is a union between a man and a woman. It also limits de facto unions to opposite-sex couples only. Article 77 of the Constitution reads as follows:
«Marriage between a man a woman, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected. A stable de facto union between a man and a woman which meets the requirements established by law shall have the same effects as marriage.»
Efforts to legalize marriage equality or civil unions in the legislatures have come and gone, with symbolic marriages being recognized in one city. These marriages were criticized as being expensive by LGBT activists, providing nothing. Some indigenous two spirit individuals are recognized by the Warao people, known as tida wena. They participated in two-spirit marriages. The relative comfort these individuals enjoyed for centuries were shattered at the beginning of Spanish settlement and prevailing norms have changed.
«Marriage between a man a woman, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected. A stable de facto union between a man and a woman which meets the requirements established by law shall have the same effects as marriage.»
Efforts to legalize marriage equality or civil unions in the legislatures have come and gone, with symbolic marriages being recognized in one city. These marriages were criticized as being expensive by LGBT activists, providing nothing. Some indigenous two spirit individuals are recognized by the Warao people, known as tida wena. They participated in two-spirit marriages. The relative comfort these individuals enjoyed for centuries were shattered at the beginning of Spanish settlement and prevailing norms have changed.
Banned
Article 44 of Venezuela’s Penal Code in 1982 states that a marriage may only be entered into by one man and one woman and that otherwise it would not be recognised, effectively banning same-sex marriage.
Censorship of LGBT issues in Dependencias Federales is no censorship.
Current status
Since Oct 14, 1997
No censorship
In Venezuela, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the Supreme Court declared the Law of Vagrants and Criminals, which was frequently used to harass LGBTIQ+ people, unconstitutional in 1997.
State-enforced
In 1939, the Law of Vagrants and Criminals was passed. Although it did not explicitly criminalise homosexuality or transgender identity, it was frequently used in practice to harass LGBTIQ+ people for expressing themselves as homosexuality was considered "dangerous".
In 1972, there was a raid on a residence in Petare by the police where a party was held by LGBTIQ+ people. The detainees' names were published in the press and demands for greater respect began to be called for. However, it wasn't until 1997, when the law was ruled unconstitutional.
In 1972, there was a raid on a residence in Petare by the police where a party was held by LGBTIQ+ people. The detainees' names were published in the press and demands for greater respect began to be called for. However, it wasn't until 1997, when the law was ruled unconstitutional.
Right to change legal gender in Dependencias Federales is illegal.
Current status
Since 1998
Illegal
In Venezuela, the law currently does not allow gender marker change in identification documents. Article 146 of the Civil Registry Law nominally allows the change of name based on gender but requests by transgender people are denied by the Civil Registry. In 2017, the Supreme Tribunal declared the right to gender change following medical, psychiatric and psychological examinations. With this, the judicial sector of Venezuela has been able to recognize some cases of gender change, but no proper mechanism is in place for the greater population of Venezuela.
Until 1998, Venezuela was among the first countries to legally recognise trans people but all means of recognition ended under the new constitution under Hugo Chavez.
Until 1998, Venezuela was among the first countries to legally recognise trans people but all means of recognition ended under the new constitution under Hugo Chavez.
Gender-affirming care in Dependencias Federales is restricted.
Current status
Restricted
Trans Venezuelans have limited access to gender affirming healthcare such as hormone therapy.
Legal recognition of non-binary gender in Dependencias Federales is not legally recognized.
Current status
Not legally recognized
Venezuela does not recognize genders other than male and female.
LGBT discrimination in Dependencias Federales is illegal in some contexts.
Current status
Since Nov 12, 2011
Illegal in some contexts
Sexual orientation is protected in various realms in Venezuela, including employment, banking, prohibition of incitement and housing. Comprehensive LGBT protections have been proposed in constitutional reforms or legislation several times but faced opposition on each attempt. Laws for LGBT protections have come and gone in the legislatures for at least two decades and progress has languished. In 2023, the national assembly approved the Draft Organic Law against all Types of Discrimination to the second stage of the legislative process and is undergoing a public consultation process.
Gender identity is also protected in housing since 2011.
Gender identity is also protected in housing since 2011.
LGBT employment discrimination in Dependencias Federales is sexual orientation only.
LGBT housing discrimination in Dependencias Federales is sexual orientation and gender identity.
Current status
Since Nov 12, 2011
Sexual orientation and gender identity
Article 5 of the Law for the Regulation and Control of Housing Leasing, enacted in 2011, bans discrimination and provides protection to those who are especially vulnerable, or vulnerable to discrimination on the basis of sexual orientation and gender identity, among others.
Same-sex adoption in Dependencias Federales is single only.
Current status
Single only
Same-sex couples cannot adopt in Venezuela. However, singles can.
Intersex infant surgery in Dependencias Federales is not banned.
Current status
Not banned
There is no ban on intersex infant surgery in Venezuela. However, there were no reports of it being practiced.
Serving openly in military in Dependencias Federales is legal.
Current status
Since Mar 16, 2023
Legal
The Supreme Court of Justice annulled section 565 of the Military Justice Code, which previously banned same-sex sexual activity in armed forces. The court found that the law was incompatible with the Constitution and international agreements on human rights. However, transgender people were not explicitly mentioned in the ruling but there is no known law banning them.
Until Mar 16, 2023
Don't Ask, Don't Tell
The military will not permit service to open LGBT members
Blood donations by MSMs in Dependencias Federales is banned (indefinite deferral).
Current status
Banned (indefinite deferral)
MSM not allowed to donate blood.
Conversion therapy in Dependencias Federales is not banned.
Current status
Not banned
There is no legal prohibition at the national level. However, the Simon Rodriguez Municipality (Anzoátegui) bans “conversion therapies” at the local level, through the Decree on the Protection of Human Rights of the LGBTI Community (2022).
Equal age of consent in Dependencias Federales is equal.
Current status
Equal
Venezuela´s official age of consent is 16 regardless of sexual orientation.
Legal Rights
50 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Dependencias Federales to help improve its accuracy.
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