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Regions  ▸  South America  ▸  Venezuela

LGBT Rights in Nueva Esparta state

Nueva Esparta is governed by federal Venezuela law. Learn more
    Homosexuality
    ⚢
    ✔ Legal
    Gay Marriage
    ⚭
    ✖ Unrecognized, same-sex marriage and civil unions banned
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Illegal
    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
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal

Public Opinion

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History

Homosexual activity in Nueva Esparta

?

Homosexual activity in Nueva Esparta is legal.

Current status
Since Jun 5, 1997
Legal
Even though homosexuality was not directly illegal, a law regarding Vagrants and Thugs could have indirectly punished LGBT community. This act was repealed in 1997.
Details  ·  Accurate? Yes No
Sources:
monografias.com/trabajos74/…
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Nueva Esparta

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Same-sex marriage in Nueva Esparta is unrecognized, same-sex marriage and civil unions banned.

Current status
Since Dec 30, 1999
Unrecognized, same-sex marriage and civil unions 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.»
Details  ·  Accurate? Yes No
Sources:
pdba.georgetown.edu/Constit…
cne.gob.ve/web/normativa_el…
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Nueva Esparta

?

Censorship of LGBT Issues in Nueva Esparta is no censorship.

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

Right to change legal gender in Nueva Esparta

?

Right to change legal gender in Nueva Esparta is illegal.

Current status
Illegal
Law does not allow gender marker change in identification documents. According to ILGA, 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
Details  ·  Accurate? Yes No
Sources:
database.ilga.org/venezuela-lgbti
panampost.com/sabrina-marti…
Added by JuliaB  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jun 12, 2017
Illegal
Not possible. required legalization per 2018 IACHR ruling.
Details  ·  Accurate? Yes No
Sources:
nationalgeographic.com/maga…
hrw.org/video-photos/intera…
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Nueva Esparta

?

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

Current status
Not legally recognized
Venezuela does not recognize genders other than male and female.
Details  ·  Accurate? Yes No
Sources:
hrw.org/video-photos/intera…
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Nueva Esparta

?

LGBT discrimination in Nueva Esparta is illegal in some contexts.

Current status
Since Apr 30, 2012
Illegal in some contexts
Sexual orientation is protected from employment discrimination in the most recently passed law on labor in Venezuela. (Although it has been protected in some form or other since 1996)
Details  ·  Accurate? Yes No
Sources:
correodelorinoco.gob.ve/wp-…
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 30, 2012–Jun 7, 2018
Illegal
All discrimination is illegal.
Details  ·  Accurate? Yes No
Sources:
ilga.org/downloads/2017/ILG…
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Nueva Esparta

?

LGBT employment discrimination in Nueva Esparta is sexual orientation only.

Current status
Since Apr 30, 2012
Sexual orientation only
Labour law protects sexual minority individuals from discrimination. Gender identity is not explicitly stated however.
Details  ·  Accurate? Yes No
Sources:
correodelorinoco.gob.ve/wp-…
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Nueva Esparta

?

LGBT housing discrimination in Nueva Esparta is sexual orientation and gender identity.

Current status
Since 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.
Details  ·  Accurate? Yes No
Sources:
amerika21.de/files/a21/miet…
Added by Anama  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Nueva Esparta

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Same-sex adoption in Nueva Esparta is single only.

Current status
Single only
Single parents may adopt but same-sex couples won't be recognized as guardians therefore can't adopt
Details  ·  Accurate? Yes No
Sources:
Venezuelan Constitution
Added by Anama  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Nueva Esparta

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Serving openly in military in Nueva Esparta is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Mar 16, 2023
Lesbians, gays, bisexuals permitted, transgender people banned
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.
Details  ·  Accurate? Yes No
Sources:
tsj.gob.ve/-/tribunal-supre…
Added by Markissik  ·  0 accurate votes  ·  Report Error  ·  Log

Until Mar 16, 2023
Don't Ask, Don't Tell
The military will not permit service to open LGBT members
Details  ·  Accurate? Yes No
Sources:
Military law in the venezuelan constitution
Added by Anama  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Nueva Esparta

?

Blood donations by MSMs in Nueva Esparta is legal.

Current status
Since Sep 18, 2017
Legal
Details  ·  Accurate? Yes No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Nueva Esparta

?

Conversion therapy in Nueva Esparta is not banned.

Current status
Since Feb 15, 2018
Not banned
Conversion therapy ban pending.
Details  ·  Accurate? Yes No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Nueva Esparta

?

Equal age of consent in Nueva Esparta is equal.

Current status
Since Jan 1, 1998
Equal
Details  ·  Accurate? Yes No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Equality Index ?
N/A
There is not enough information on Nueva Esparta for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in Nueva Esparta to help improve its accuracy.

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Nueva Esparta LGBT Organizations

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