Herrera is governed by federal Panama law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Banned
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Illegal
    Intersex Infant Surgery
    Unknown
    Military
    N/A
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Herrera

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Homosexual activity in Herrera is legal.

Current status
Since Jul 29, 2008
Legal
Same-sex sexual activity was legalized in Panama through a presidential decree on July 29th, 2008, repealing a 1949 law which would incur those convicted with a 500$ fine or prison sentence. The age of consent was equalized at 18 and homosexuality was declassifed as a mental illness subsequently.
Sources:
wipo.int/wipolex/en/text.js…
web.archive.org/web/2012010…//www.pinknews.co.uk/news/articles/2005-8700.html
gacetaoficial.gob.pa/pdfTem…
web.archive.org/web/2018021…//metrolibre.com/index.php/principales/115604-panama-en-camino-al-matrimonio-igualitario
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Jan 1, 1513–Jul 29, 2008
Illegal (death penalty as punishment)
Prior to the Spanish colonization of Panama, no laws governed Panamanian soil. History of indigenous Guna showed acceptance of third gender individuals, known as omeggid akin to LGBT folks in modern day society. Some Guna today are accepting of homosexuality. In 1513, Panama was incorporated into New Spain and had it's territories part of a viceroyalty, becoming a province of the Spanish empire, recieving the same rights as any other province in Peninsular Spain, bearing the brunt of colonial anti-sodomy laws in place at the time.

Same-sex marriage in Herrera

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Same-sex marriage in Herrera is banned.

Current status
Since May 17, 1994
Banned
Article 58 of the 1972 constitution defined marriage as a different-sex union.

Article 34 of the Family Code (1994) establishes that people of the same sex cannot marry each other.

In 2018, the Inter-American Court of Human Rights ruled that the American convetion on Human rights mandates the recognition of same-sex marriage, recommending that countries issue decrees until legislation was brought into place. In March 2023, after seven years of delay the court ruled that there is no positive right to same-sex marriage in Panama under the constitution, halting any potential change for the time being through the courts.
Sources:
organojudicial.gob.pa/uploa…
constituteproject.org/const…
agendaestadodederecho.com/l…
web.archive.org/web/2018010…//au.news.yahoo.com/world/a/38550305/inter-american-court-endorses-same-sex-marriage/
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Censorship of LGBT issues in Herrera

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Censorship of LGBT issues in Herrera is no censorship.

Current status
No censorship under federal Panama law
In Panama, there are no laws restricting the discussion or promotion of LGBTQ+ topics. No Laws protecting LGBTQ+ spaces from banning or governmental harassment. The constitution does not mention the LGBTQ+. There is a law against public peace disturbance that mentions homosexual behaviour as a disturbance and indecent behaviour
Sources:
Panamanian Constitution organojudicial.gob.pa/uploa…
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Right to change legal gender in Herrera

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Right to change legal gender in Herrera is legal, but requires surgery.

Current status
Since Oct 11, 1972
Legal, but requires surgery
Since 2006, transgender individuals have been able change their legal gender and name after undergoing gender affirming surgery and potentially humilitating doctor's inspection as reported by some trans activists, according to Article 121 of The Civil Registry Law (Law No. 31).
In 2016, a transgender woman was able, through court permission, to change her legal name according to her gender identity, without the need to undergo surgery.

Gender-affirming care in Herrera

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Gender-affirming care in Herrera is legal.

Current status
Since 1998
Legal
In 1998, Panama adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Legal recognition of non-binary gender in Herrera

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

Current status
Not legally recognized
Panama does not recognize genders other than male and female.
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LGBT discrimination in Herrera

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LGBT discrimination in Herrera is no protections.

Current status
Since Feb 14, 2018
No protections
There are no laws protecting LGBT people from discrimination. The Anti-discrimination law (Law No. 7 2018) does not explicity include sexual orientation and gender identity as protected categories.
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LGBT employment discrimination in Herrera

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LGBT employment discrimination in Herrera is no protections.

Current status
Since Feb 14, 2018
No protections
There are no laws protecting LGBT people from discrimination in employment. The Anti-discrimination law (Law No. 7 2018) does not explicity include sexual orientation and gender identity as protected categories.
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LGBT housing discrimination in Herrera

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LGBT housing discrimination in Herrera is no protections.

Current status
Since Feb 14, 2018
No protections
There are no laws protecting LGBT people from discrimination in housing. The Anti-discrimination law (Law No. 7 2018) does not explicity include sexual orientation and gender identity as protected categories.
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Same-sex adoption in Herrera

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Same-sex adoption in Herrera is illegal.

Current status
Since Jan 1, 2021
Illegal
Article 55 of the General Adoption Law establishes that joint adoption will be constituted when the applicants are spouses or cohabitants in a de facto union and of different sex.

Bill No.121 was passed in 2021, the bill was criticzed as cruel and banned same-sex couples from adopting children, but allowed single parents to adopt. Single LGBT individuals may be able to adopt under this technicality.

Intersex infant surgery in Herrera

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Intersex infant surgery in Herrera is unknown.

Current status
Unknown

Serving openly in military in Herrera

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Serving openly in military in Herrera is n/a.

Current status
N/A
Doesn't have military.

Article 133 of the Disciplinary Regulations of the National Police (1997) considers practicing lesbianism and homosexuality to be very serious misconduct.
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Blood donations by MSMs in Herrera

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Blood donations by MSMs in Herrera is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
LGBT Panamanians and foreigners are ineligible to donate blood in Panama.
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Conversion therapy in Herrera

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Conversion therapy in Herrera is not banned.

Current status
Not banned
Not preformed. Conversion therapy ban pending.
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Equal age of consent in Herrera

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Equal age of consent in Herrera is equal.

Current status
Since Jul 29, 2008
Equal
The age of consent was set equally at 18 with the decriminilization of homosexuality in 2008.
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