HUMAN RIGHTS SITUATION OF LESBIAN, GAY,

BISEXUAL AND TRANSGENDER PERSONS (LGBT) IN

COLOMBIA.

U P R T H I R D C Y C L E .
During the second UPR cycle, Colombia was recieved two (2) recommendations
regarding the rights of LGBT population:

Consider the possibility of enhancing the necessary measures for the protection
and integration of the LGBT population” (Argentina)
Further recognize the rights of same-sex couples by legalizing same-sex marriage
and adoption” (Iceland)

Implementation review: 

Both recommendations have been partially implemented. Although several institutions have
developed measures for the investigation of crimes against LGBT persons, they have not been
successful reducing violence and sanctioning offenders. Despite the Constitutional Court
recognizing the legality of same-sex adoptions in November 2015 and of same-sex marriage
in April 2016, civil servants in charge of these procedures hinder the full enjoyment of granted
rights.

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Progress made from the last UPR cycle:

The National Prosecution Office and the Forensic Medicine Institute have developed measures to
take investigations into cases of gender-based violence against LGBT persons. Sexual orientation and
gender identity were categories included in the School Coexisting Law and in the law that
categorized feminicide. The Justice Ministry issued a decree allowing the sex component on identity
documents to be changed without medical or legal requirements. The Constitutional Court
recognized same-sex marriage, adoption and the legal registry of children of same-sex couples. The
National Government and the FARC guerrilla group agreed to include a gender perspective in the
Progress made from the last UPR cycle:  
Final Peace Agreement to guarantee the rights of women and LGBT victims of the armed conflict. 

Nonetheless, there are several challenges ahead: 

Actions against the rights of LGBT persons.

During the last years, Colombia has witnessed the creation of an anti-rights agenda coming from conservative and
fundamentalist political and social sectors that aim, among others, to nullify same-sex marriage and adoptions, revoke
the decree allowing the change of sex in national identity cards and abolish the gender perspective included in the
Final Peace Agreement between the Government and the FARC. Due to their strong influence, the Government
cancelled programs designed to fight homophobic bullying in schools, meaning a serious regression in given rights for
LGBT persons and violating the principles of progressive realization and non-regression of human rights. Additionally,
this anti-rights agenda promotes openly discriminatory language that legitimates hostility and aggression. By assuming
a passive attitude and giving to their pretentions, the State breaks its obligation to guarantee the rights of LGBT persons
and its duty to protect them against violence and discrimination. . 

Normative implementation of the Peace Agreement has not strongly developed a

gender perspective for the analysis and investigation of crimes against LGBT victims. 

Although the Final Peace Agreement established 41 measures to ensure rights of LGBT victims of the armed conflict,
including measures to overcome discrimination and guarantee truth, justice, reparation and non-repetition, only 20 of
those have been included in the further norms approved by the National Congress, and none of them have led to the
development of concrete policies. 

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Violence against LGBT persons persists and most of the crimes are left
unpunished.

Between January 2013 and January 2018, there has been: 465 homicides of LGBT persons, 4
extrajudicial executions, 373 acts of police aggressions and 161 threats. In 95% of homicide cases, the
person responsible of committing the crime has not been identified and sanctioned. LGBT
imprisoned persons are victims of verbal and physical aggressions, unjustified disciplinary sanctions,
arbitrary and prolonged used of isolation techniques, sexual violence and torture. 

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  people more
vulnerable to death.

Although the 1227 decree nullified the medical requirements for sex change in national identity cards, trans people still
need to be diagnosed with gender dysphoria by psychiatrists or the ruling of a judge to compel the health system to
cover the needed medical procedures to affirm their gender identity. This is a violation of their right to health and
health care, and it is a form of compulsory psychiatrization, directly prompting the use of unsafe procedures that can
have serious repercussions on their health and even lead to death. 

LGBT students face violence and discriminations in schools.

Gender identity, gender expression and sexual orientation are one of the main reasons for discrimination against
students in schooling institutions and prevention, protection and complaint mechanisms do not work effectively. The
School Coexistence Law has low implementation and coexistence handbooks have not been reviewed, as ordered
by the Constitutional Court with the purpose to free schools from discrimination.

Protection for same-sex couples and their families is not effective. 

Same-sex couples face further and unjustified delays in legal procedures, discriminative interpretations of rulings, lack
of clarity over the legal application of norms and rulings for the protection of their families, additional requirements for
the legal recognition and protection of their families, and discretionary and arbitrary actions in the application of legal
recognitions. 

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Suggested recommendations for the UPR third cycle:

Guarantee the principles of progressive realization and non-regression for the rights of LGBT
persons, openly committing to further consolidating their recognition and guarantees, to
effectively implement the existing normative body and legal rulings aimed to protect LGBT
persons from discrimination and violence, while objecting to measures that seek to undermine
granted rights.
Ensure the rights to truth, justice, reparation and non-repetition of LGBT victims of the armed
conflict, strengthening the investigation and clarification of human rights violations and
Progress made from the last UPR cycle:  
International Humanitarian Law offences through the Integral System of Truth, Justice, Reparation
and Non-Repetition. A transformative perspective should be included to develop and implement
actions and reparation mechanisms, promoting policies against stigmatization and in favor of
political participation of LGBT persons, as stated in the Second Point of the Final Peace Agreement
between the Government and the FARC.

Ensure access to justice by institutional and financial strengthening of the National Prosecution
Office’s programs to further investigate bias based crimes due to the victims’ sexual orientation or
gender identity, including human rights violations by State agents, such a police or military forces,
and discrimination and violence against imprisoned LGBT persons.

 Guarantee the Economic, Social and Cultural Rights of LGBT persons by including needed
medical procedures to reaffirm the gender identity of the trans population in the Health System
Benefit Plan, by replacing the need of pathologizing requirements with informed consent instead,
and also by strengthening the National System for School Coexistence as stated in the 1620 Law
of 2013. 

For more information visit www.colombiadiversa.org

Or contact Gustavo Pérez gperez@colombiadiversa.org  

(Human Rights Area) at: