LGBT rights in Uruguay
Lesbian, gay, bisexual, and transgender (LGBT) rights in Uruguay rank among the highest in the world.[1][2][3] Same-sex sexual activity has been legal with an equal age of consent since 1934. Anti-discrimination laws protecting LGBT people have been in place since 2004. Civil unions for same-sex couples have been allowed since 2008 and same-sex marriages since 2013, in accordance with the nation's same-sex marriage law passed in early 2013. Additionally, same-sex couples have been allowed to jointly adopt since 2009 and gays, lesbians and bisexuals are allowed to serve openly in the military. Finally, in 2018, a new law guaranteed the human rights of the trans population.
LGBT rights in Uruguay
Legal since 1934
Transgender people allowed to change legal gender without a diagnosis, hormone therapy, sterilization or surgery
Gays, lesbians and bisexuals allowed to serve openly
Sexual orientation or identity protections since 2004 (see below)
Full adoption rights since 2009
In 2016, Americas Quarterly named Uruguay the most LGBT-friendly country in Latin America, calling the nation "a model for social inclusion in Latin America". It also hosted the first international LGBT rights conference in the region in July 2016, with hundreds of diplomats, politicians and activists from around the world addressing LGBT issues.[4] A large majority of Uruguayans support same-sex marriage.[5]
Discrimination protections[edit]
Since 2003, incitement to hatred on the grounds of sexual orientation and "sexual identity" has been prohibited. In addition, article 149ter of the Penal Code provides for enhanced penalties for crimes motivated by "sexual orientation" or "sexual identity".[34][35] In 2004, an anti-discrimination law was passed to create an Honorary Commission to Combat Racial Discrimination, Xenophobia and other forms of Discrimination (Spanish: Comisión Honoraria contra el Racismo, la Xenofobia y toda otra forma de Discriminación), including sexual orientation and sexual identity discrimination. The commission is intended to investigate allegations of unlawful discriminatory conduct.[36]
Military service[edit]
Since May 2009, gay and bisexual people have been allowed to serve openly in the military of Uruguay, after the Defence Minister signed a decree stating that military recruitment policy would no longer discriminate on the basis of sexual orientation.[37]
Gender identity and expression[edit]
In October 2009, in a 51–2 vote in the Chamber of Representatives and 20–0 in the Senate, the General Assembly passed a law allowing transgender people over the age of 18 to change their name and legal gender on official documents, so that it is in line with their gender identity.[38][39] Since October 2018, sex reassignment surgery, hormone therapy or any form of diagnosis are not requirements to alter one's gender on official documents.[40]
The estimated 1,000 transgender Uruguayans have a life expectancy of around 35 to 45 years of age, when the national average is 77. They have a very high level of marginality in terms of health, education and employment. 25% had left their home before the age of 18 after being rejected by their family, 87% did not finish secondary school and suffered discrimination in the educational field and 67% became prostitutes to generate income, according to figures from the Faculty of Social Sciences at the University of the Republic. Other studies show that about 75% have been expelled from the education system, and that only 23% have access to formal employment.[41] In addition, during the Uruguayan Dictatorship, the transgender population suffered severe torture, sexual violence and unjustified imprisonment.[42] September 2018 reports indicated that six trans women had died since discussions of a revised transgender bill began in early 2017.[43]
In October 2018, in a 62–26 vote in the Chamber of Representatives and 17–12 in the Senate, the General Assembly passed the Comprehensive Law for Trans Persons (Spanish: Ley Integral Para Personas Trans) that allows minors to change legal gender with parental consent. The law also established a framework to revert past discriminatory state actions, including providing monetary reparations to transgender individuals persecuted during the Uruguayan Dictatorship (estimated to be around 50 people).[44] Furthermore, it mandates that transgender people receive 1 percent of public and private educational scholarships. The law stipulates the "free development of personality according to their chosen gender identity", and calls on the Government to ensure that transgender people are treated respectfully by authorities, included in housing programmes, have access to education, and are not denied health services.[45] In complying with the new law, the Obras Sanitarias del Estado (the state water company) began offering jobs for transgender people in July 2019.[42][46]
Between November 2018 and March 2019, about 69,360 signatures were collected for a petition to trigger a "pre-referendum" against the law. The petition was presented by National Party members Carlos Iafigliola and Álvaro Dastugue to the Electoral Court in late March 2019.[47] The ruling Broad Front expressed "concerns" about "an onslaught of misinformation" concerning the law, arguing that the promoters of the campaign against the law had used "false" arguments and criticised a "campaign of lies". The party urged for a boycott.[48][49] The Popular Unity rejected the call for the referendum.[50] The Episcopal Conference of Uruguay of the Catholic Church published a letter from the Archbishop of Montevideo, Cardinal Daniel Sturla, in which it states that although he is against several articles of the law, because they are "based on gender ideology" and are "incompatible with Christian anthropology", he did not sign the repeal petition because the "Catholic Church has to be on the side of those who suffer and have suffered". The letter further states that the position of the religious institution is to say "No to discrimination, yes to respect."[51][52][53][54] The United Nations expressed concern about the referendum initiative.[55] The Medical Union of Uruguay (SMU) and the National Institution for Human Rights (INDDH) rejected it as well, with the latter warning of a "devastating impact" and that it would be "a setback in the recognition of fundamental rights" for transgender people.[56][57] The pre-referendum on the law occurred on 4 August 2019. If 25% of the electoral roll, about 650,000 people, had voted in favor, a consultation for its repeal would have taken place.[42] However, only about 10% of voters took part. As such, the law will remain in force and no general referendum will be held. Carlos Iafigliola, one of the initiators of the initiative, lamented that even members of his party—the National Party—did not participate.[58][59][60][61]
Although Law 19,684 (article 4c) recognizes non-binary gender persons in its definitions, there is no third gender marker option available other than female and male.[62][63] According to the "Non-binary people survey 2022" one of the reasons that influence non-binary people not to use the legal gender change procedure is because there is no non-binary gender option.[64]