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Public Opinion

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History

Homosexual activity in Monseñor Nouel

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Homosexual activity in Monseñor Nouel is legal.

Current status
Since Jan 1, 1822
Legal
The 1822 Criminal Code of the Dominican Republic did not criminalise same sex activity between consenting adults in private. The Criminal Code was updated in 2007 but did not change this.
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1535–Dec 31, 1821
Illegal (death penalty as punishment)
In 1535, the Dominican Republic was incorporated into New Spain and with it labeled as a Captaincy General and a province of the Spanish empire, which granted it 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 Monseñor Nouel

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Same-sex marriage in Monseñor Nouel is banned.

Current status
Since 2010
Banned
Dominican Republic law does not recognise any marriage or partnership between same sex couples. In 2010 the Constitution was amended to affirm that "The State shall promote and protect the family organization based on the institution of marriage between a man and a woman" (Article 55). In 2018 the IACHR ruled that the American Convention on Human Rights requires Dominican Republic to legalise same-sex marriage.

Censorship of LGBT issues in Monseñor Nouel

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Censorship of LGBT issues in Monseñor Nouel is no censorship.

Current status
No censorship
In the Dominican Republic, there are no laws restricting the discussion or promotion of LGBTQ+ topics however there are reports of some laws being overly-enforced on LGBT rights activists. Additionally there are reports of censorship around other issues but not LGBT issues.
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Right to change legal gender in Monseñor Nouel

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Right to change legal gender in Monseñor Nouel is illegal.

Current status
Illegal
Legal gender change is currently illegal in the Dominican Republic. In spite of this, laws do exist in the realm of name change as far back as 1944. In January 2023, a process for name change was further strengthened through the Organic Law on Civil Status Acts. A attempt to regulate this institution failed in 2021.

Gender-affirming care in Monseñor Nouel

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Gender-affirming care in Monseñor Nouel is unknown.

Until 1972
Banned
Medical transition is not possible
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Current status
Unknown

Legal recognition of non-binary gender in Monseñor Nouel

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

Current status
Not legally recognized
The Dominican Republic does not allow gender change, including non-binary gender.
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LGBT discrimination in Monseñor Nouel

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LGBT discrimination in Monseñor Nouel is illegal in some contexts.

Current status
Since 2000
Illegal in some contexts under federal Dominican Republic law
No law offers protection based on "sexual orientation" and "gender identity" in broad terms. At least three laws explicitly mention “sexual orientation” and one law "gender identity", as grounds for protection. The scope of these laws is limited to specific populations: youth (aged 14-25) and people living with HIV.

Article 2 of the General Law on Youth (Law No. 49) (2000), prohibits discrimination based on "sexual orientation".
Article 2 of the Law on HIV/Aids (Law No. 135) (2011) protects people living with HIV from discrimination based on "sexual orientation" and "gender identity".

Article 11 on "Equality before the Law" of Law No. 76-02, which establishes the Criminal Procedure Code of the Dominican Republic, states: "All persons are equal before the law and must be treated according to the same rules. Judges and the public ministry must take into account the particular conditions of the persons and the case, but they cannot base their decisions on nationality, gender, race, creed or religion, political ideas, sexual orientation, economic or social position or any other condition with discriminatory implications.

In July 2024, the Chamber of Deputies approved in its first reading a Bill on a new Penal Code of the Dominican Republic (2024), after the Senate also voted in its favour in a second reading. However, Article 185 does not include “sexual orientation” from the protected characteristics against discrimination list.

LGBT employment discrimination in Monseñor Nouel

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LGBT employment discrimination in Monseñor Nouel is no protections.

Current status
Since Jun 30, 2021
No protections under federal Dominican Republic law
The old penal code stipulated that a person could not be fired, discriminated against or harassed in a work environment because of their sexual orientation or gender identity. When revising the penal code, a small change was made in the penal code. A small section was eliminated and summarized to remove the protection for LGBT people in the Dominican Republic. The new code was approved on June 30th.

Article 186 of the new Criminal Code criminalizes the crime of "discrimination" and punishes acts such as refusing to provide a person with a good or service, hindering an economic activity or refusing to hire him because of his origin, age, sex, race, economic condition or religion, among other reasons.
Until Jun 29, 2021
Sexual orientation and gender identity
The old penal code stipulated that a person could not be fired, discriminated against or harassed in a work environment because of their sexual orientation or gender identity. When revising the penal code, a small change was made in the penal code. A small section was eliminated and summarized to remove the protection for LGBT people in the Dominican Republic. The new code was approved on June 30th.

LGBT housing discrimination in Monseñor Nouel

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LGBT housing discrimination in Monseñor Nouel is no protections.

Current status
No protections
The law offers no protection for discrimination in matters of housing.

Same-sex adoption in Monseñor Nouel

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Same-sex adoption in Monseñor Nouel is single only.

Current status
Single only
Same sex couples are not allowed to adopt. Additional scrutiny is placed on unmarried people wishing to adopt.
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Intersex infant surgery in Monseñor Nouel

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Intersex infant surgery in Monseñor Nouel is unknown.

Current status
Unknown

Serving openly in military in Monseñor Nouel

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Serving openly in military in Monseñor Nouel is illegal.

Current status
Illegal
In 2012 the newspaper El Caribe cited the Minister of the Armed Forces as saying that "presence of homosexuals in their ranks" was prohibited by law.
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Blood donations by MSMs in Monseñor Nouel

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Blood donations by MSMs in Monseñor Nouel is legal.

Current status
Legal
The Domincian Red Cross does not seem to serve any indication that donation for homosexuals can be a problem.

A provision states on the webpage “Prevent and alleviate human suffering, improving the situation of the most vulnerable people, with absolute impartiality and without discrimination of race, nationality, sex, social class, religion or political opinion.”
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Conversion therapy in Monseñor Nouel

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Conversion therapy in Monseñor Nouel is not banned.

Current status
Not banned
Conversion therapy ban is being considered but not yet enacted.
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Equal age of consent in Monseñor Nouel

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Equal age of consent in Monseñor Nouel is equal.

Current status
Equal
The age of consent is set equally at 18 years of age in the Code for the protection of the rights of children and adolescents.