Current Version
| Region | Colombia |
| Issue | LGBT housing discrimination |
| Status | Sexual orientation and gender identity |
| Start Date | Dec 9, 2021 |
| End Date | (none) |
| Description | Article 134A of the Penal Code (2000), amended by Law No. 1,482 (2011), criminalizes discrimination based on "sexual orientation", while Article 136C (3) and (4) increases the penalty if such discrimination is committed by public servants or during the provision of public services. These provisions prohibit discrimination based on “sexual orientation” in general terms and therefore apply to employment. Article 136C (6) also includes the reason for denial or restriction of employment rights as an aggravating circumstance. Added to the previous factor we have the SU440-21 decision of the Colombian Constitutional Court. The Colombian Supreme Court "Corte Constitucional de Colombia" ruled on December 9, 2021 based on decision SU440-21 that trans people in Colombia cannot be discriminated against due to their gender identity when receiving financial pensions from the State, despite the ruling of having as its object the receipt of financial pensions from the State, the sentence in its paragraph 55, section III makes it clear that the principle by which this decision was taken is that gender identity is protected by the general constitutional clause of article 13 of the Constitution of Colombia, making clear that discrimination based on gender identity is prohibited in other areas, which includes discrimination in housing and employment. The Colombian Ministry of the Interior released a presidential decree in spring 2016 that provides a broad policy of procedural obligations for government institutions and territorial entities in relation to LGBTI rights. The document calls for the creation of an Intersectoral Commission to Guarantee the Rights of the LGBTI Community (Spanish: Comisión Intersectorial para la Garantía de los Derechos de la comunidad LGBTI). The decree specifically addresses the rights of LGBTI Colombians in public education, health care, prisons and as victims of armed conflicts. The text clarifies that “national entities cannot refuse to recognize that a same-sex couple can form a family and, consequently, enjoy the constitutional protections and equal opportunities provided to other families”. [26] In May 2018, President Juan Manuel Santos issued an executive decree ordering the Ministry of the Interior to continue guaranteeing the rights of LGBT people in the social sector, namely in health, education, work, housing, recreation, sport and culture, as well as establish support programs. Therefore, this decree serves as a prohibition of housing and employment discrimination at the state level, reinforcing previous jurisdiction and legislation. |
| Sources | https://www-mininterior-gov-co.translate.goog/normativas/decreto-762-del-7-de-mayo-de-2018-politica-publica-garantia-de-los-derechos-sectores-sociales-lgbti/?_x_tr_sl=en&_x_tr_tl=pt&_x_tr_hl=pt-PT&_x_tr_pto=sc |
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Revision History (2)
edited by Notdog1996. Fixing dates
Helpful?
0 | Old Value (Original) | New Value (Current) | |
|---|---|---|
| End Date | Dec 9, 2021 | (none) |
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | Dec 9, 2021 |
| End Date | Dec 9, 2021 |
| Description | Article 134A of the Penal Code (2000), amended by Law No. 1,482 (2011), criminalizes discrimination based on "sexual orientation", while Article 136C (3) and (4) increases the penalty if such discrimination is committed by public servants or during the provision of public services. These provisions prohibit discrimination based on “sexual orientation” in general terms and therefore apply to employment. Article 136C (6) also includes the reason for denial or restriction of employment rights as an aggravating circumstance. Added to the previous factor we have the SU440-21 decision of the Colombian Constitutional Court. The Colombian Supreme Court "Corte Constitucional de Colombia" ruled on December 9, 2021 based on decision SU440-21 that trans people in Colombia cannot be discriminated against due to their gender identity when receiving financial pensions from the State, despite the ruling of having as its object the receipt of financial pensions from the State, the sentence in its paragraph 55, section III makes it clear that the principle by which this decision was taken is that gender identity is protected by the general constitutional clause of article 13 of the Constitution of Colombia, making clear that discrimination based on gender identity is prohibited in other areas, which includes discrimination in housing and employment. The Colombian Ministry of the Interior released a presidential decree in spring 2016 that provides a broad policy of procedural obligations for government institutions and territorial entities in relation to LGBTI rights. The document calls for the creation of an Intersectoral Commission to Guarantee the Rights of the LGBTI Community (Spanish: Comisión Intersectorial para la Garantía de los Derechos de la comunidad LGBTI). The decree specifically addresses the rights of LGBTI Colombians in public education, health care, prisons and as victims of armed conflicts. The text clarifies that “national entities cannot refuse to recognize that a same-sex couple can form a family and, consequently, enjoy the constitutional protections and equal opportunities provided to other families”. [26] In May 2018, President Juan Manuel Santos issued an executive decree ordering the Ministry of the Interior to continue guaranteeing the rights of LGBT people in the social sector, namely in health, education, work, housing, recreation, sport and culture, as well as establish support programs. Therefore, this decree serves as a prohibition of housing and employment discrimination at the state level, reinforcing previous jurisdiction and legislation. |
| Sources | https://www-mininterior-gov-co.translate.goog/normativas/decreto-762-del-7-de-mayo-de-2018-politica-publica-garantia-de-los-derechos-sectores-sociales-lgbti/?_x_tr_sl=en&_x_tr_tl=pt&_x_tr_hl=pt-PT&_x_tr_pto=sc |