Kuna Yala 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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Homosexual activity in Kuna Yala is legal.
Current status
Since Jul 29, 2008
Legal
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 Kuna Yala 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.
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.
Censorship of LGBT issues in Kuna Yala 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
Right to change legal gender in Kuna Yala 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.
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.
Legal recognition of non-binary gender in Kuna Yala is not legally recognized.
Current status
Not legally recognized
Panama does not recognize genders other than male and female.
LGBT employment discrimination in Kuna Yala is no protections.
LGBT housing discrimination in Kuna Yala is no protections.
Same-sex adoption in Kuna Yala 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.
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 Kuna Yala is unknown.
Current status
Unknown
Serving openly in military in Kuna Yala 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.
Article 133 of the Disciplinary Regulations of the National Police (1997) considers practicing lesbianism and homosexuality to be very serious misconduct.
Blood donations by MSMs in Kuna Yala is banned (indefinite deferral).
Current status
Banned (indefinite deferral)
LGBT Panamanians and foreigners are ineligible to donate blood in Panama.
Conversion therapy in Kuna Yala is not banned.
Current status
Not banned
Not preformed. Conversion therapy ban pending.
Legal Rights
47 / 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 Kuna Yala to help improve its accuracy.
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Kuna Yala LGBT Organizations
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