Current Version
| Region | Colombia |
| Issue | LGBT employment discrimination |
| Status | Sexual orientation only |
| Start Date | Nov 30, 2011 |
| End Date | May 6, 2018 |
| Description | Article 134A of the Criminal Code (2000), as amended by Law No. 1,482 (2011), criminalises discrimination based on "sexual orientation", while Article 136C (3) and (4) aggravate the penalty if such discrimination is committed by public servants or while providing public services. These provisions ban "sexual orientation" discrimination in broad terms and therefore apply to employment. Article 136C (6) also includes the motive of denying or restricting labour rights as an aggravating factor. |
| Sources | https://database.ilga.org/api/downloader/download/1/CO%20-%20LEG%20-%20Law%201482%20Amendment%20to%20Penal%20Code%20(2011)%20-%20OR-OFF%20(es).pdf https://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=77451&dt=S |
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Revision History (3)
edited by Notdog1996. Fixing the date
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| End Date | (none) | May 6, 2018 |
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
| Start Date | May 7, 2018 | Nov 30, 2011 |
| Description | In May 2018, President Juan Manuel Santos issued an executive decree ordering the Interior Ministry to further guarantee the rights of LGBT people in the social sector, notably in health, education, work, housing, recreation, sports and culture, as well as establishing support programmes. | Article 134A of the Criminal Code (2000), as amended by Law No. 1,482 (2011), criminalises discrimination based on "sexual orientation", while Article 136C (3) and (4) aggravate the penalty if such discrimination is committed by public servants or while providing public services. These provisions ban "sexual orientation" discrimination in broad terms and therefore apply to employment. Article 136C (6) also includes the motive of denying or restricting labour rights as an aggravating factor. |
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| Sources | https://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=77451&dt=S | https://database.ilga.org/api/downloader/download/1/CO%20-%20LEG%20-%20Law%201482%20Amendment%20to%20Penal%20Code%20(2011)%20-%20OR-OFF%20(es).pdf https://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=77451&dt=S |
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Reports (1)
- Status is not correct "Protection against discrimination in Colombia is based on the article 13 of the Constitution of 1991 which prohibits any type of discrimination “on account of gender, race, national or family origin, language, religion, political opinion, or philosophy”. Case law has further expanded this notion to prohibit discrimination based on sex, sexual orientation and gender identity. Case law T-314 of 2011 even included “sex, sexual orientation and gender identity” as categories suspected of discrimination, meaning that any differentiated treatment related to those categories is presumed to be discriminatory unless proven otherwise, and therefore subject to constitutional protection.
There are dozens of decisions that constitute binding case law regarding the prohibition of any type of discrimination against LGBTQ community, based on article 13 and 16 of the Constitution. This case law is from the Constitutional Court, the highest judicial authority in the country. These protections apply to several aspects including, work, housing and education among others.
If any further question please write to [email protected]"
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | May 7, 2018 |
| End Date | (none) |
| Description | In May 2018, President Juan Manuel Santos issued an executive decree ordering the Interior Ministry to further guarantee the rights of LGBT people in the social sector, notably in health, education, work, housing, recreation, sports and culture, as well as establishing support programmes. |
| Sources | https://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=77451&dt=S |