LGBT Rights in Colombia - Constitution & Legal

Constitution & Legal

Article 13 of the Colombian Constitution of 1991 states that "the State will provide conditions for the equality to be real and effective, and will adopt measures in favour of marginalised or discriminated groups." However, despite a number of favorable Constitutional Court rulings on LGBT rights, there are no specific laws against discrimination on the basis of sexual orientation, and police harassment of gays and lesbians has been a common occurrence, with transgendered people, especially, being the targets of "widespread ridicule and stigmatization."

A 2002 assessment by the United Kingdom Home Office states that "administrative changes and court decisions since 1995 have brought in a different environment of rights and precedents." In 1998, for example, the Constitutional Court ruled that public-school teachers cannot be fired for revealing their sexual orientation, nor can private religious schools ban gay students from enrolling. In 1999, the same court unanimously ruled that the armed forces could not ban homosexuals from serving, being a violation of constitutional guarantees of "personal and family intimacy" and "the free development of one's personality." Nevertheless, "harassment and mistreatment of gays in the military continues."

In 2011 Congress passed a bill that penalizes discrimination based on Sexual Orientation. The law stablished imprisonment for 1 to 3 years and economic fines for people who discriminate against different groups including the LGBT community.