Table 1 Selected SGM rights in Latin America and the Caribbean, 1998–2018
From: Sexual and gender minorities rights in Latin America and the Caribbean: a multi-country evaluation
Sub-region and Country | Legal protections addressing same-sex couples | SGM anti-discrimination laws | |||||
|---|---|---|---|---|---|---|---|
Consensual Same-Sex Sexual Acts | Recognition of same-sex legal union | Same-sex Marriage | Adoption by same-sex couples | SGM allowed to serve openly in military | Anti-Discrimination laws related to sexual orientation | Laws related to gender identity/expression | |
Caribbean | |||||||
 Antigua & Barbuda | Illegal (only male, max penalty 15 years prison) | No | No | No | No | No | No |
 Bahamas | Legal since 1991 | No | No | No | Yes (reinforced since 1998) | No | No |
 Barbados | Illegal (only male, max penalty for buggery life imprisonment) | No | No | No | No | No | No |
 Cuba | Legal since 1979 | No | No | No | Since 1993 | Yes Work-related anti-discrimination law (2013) New Constitution bans all anti SGM discrimination (2019) | Yes Since 2008 integral medical care (including gender-affirming surgery and hormone therapy) is provided by the government. Right to change legal gender and name since 2008, requiring gender-affirming surgery, medical certification and judicial procedures. |
 Dominica | Illegal (only male, max penalty 10 years in prison + psychiatric treatment | No | No | No | No | No | No |
 Dominican Republic | Legal since 1822 | No | No (Constitutional ban since 2010) | No | No | No | No |
 Grenada | Illegal (only male, max penalty 10 years prison) | No | No | No | The country has no military | No | No |
 Haiti | Legal since 1791 | No | No | No | The country has no military | No | No |
 Jamaica | Illegal (all gendersa, max penalty 10 years prison + hard labor) | No | No (Constitutional ban since 1962) | No | No | No | No |
 St. Kitts and Nevis | Illegal (only male, max penalty 10 years prison + hard labor) | No | No | No | No | No | No |
 Saint Lucia | Illegal (only male, max penalty10 years in prison) | No | No | No | The country has no military | No | No |
 St. Vincent and the Grenadines | Illegal (all genders, max penalty 10 years prison) | No | No | No | The country has no military | No | No |
 Trinidad and Tobago | Legal since 2018 | No | No | No | No | No | No |
Mesoamerica | |||||||
 Belize | Legal since 2016 | No | No | No | No | Since 2016 bans all anti SGM discrimination | No |
 Costa Rica | Legal since 1971 | Since 2014 | No | No | The country has no military | Since 2015 bans all anti SGM discrimination | Since 2018 transgender persons can change their name and gender without conditionsb |
 El Salvador | Legal since 1822 | No | No | No | Since 1974 | Since 2010 a decree bans anti SGM discrimination in public service | No |
 Guatemala | Legal since 1871 | No | No | No | NA | In 1997 Code on Childhood & Youth bans discrimination based on sexual orientation against minors | Since 2016 TG can change legal name after judicial procedures, but not their legal gender |
 Honduras | Legal since 1899 | No | No (Constitutional ban since 2005) | No | No | Since 2008 bans all anti SGM discrimination | No |
 Mexico | Legal since 1872 | Since 2010 in all states and Mexico city | Since 2009 in Mexico city. Currently legal in Mexico city and 18/31 states | Since 2010 in Mexico city. Currently legal in 16/31 states and Mexico City | NA | Since 2003 bans all anti SGM discrimination (Federal Law to Prevent & Eliminate Discrimination) In 2013 Supreme Court ruled against hate speech towards SGM | TG can change legal name and gender in 6/31 states and Mexico City (2014) without conditionsb Mexican Supreme Court of Justice ruled that the right to self-determination of gender identity is a fundamental human right in 2019 |
 Nicaragua | Legal since 2008 | No (Constitutional ban since 2015) | No (Constitutional ban since 2015) | No (Constitutional ban since 2015) | NA | 2008 – Labor rights & anti-discrimination | No |
 Panama | Legal since 2008 | No | No | No | The country has no military | 2002 – Anti-discrimination in public buildings/services | Since 2006 TG can change legal name and gender, but only after gender-affirming surgery. Since 2016 TG can change name without gender affirming surgery, but not gender. |
South America | |||||||
 Argentina | Legal since 1887 | Since 2008 | Since 2010 | Since 2010 | Since 2009 | Since 1988 overall anti-discrimination law. No specific and national anti SGM discrimination | Since 2012 TG persons can change their name and gender without conditionsb |
 Bolivia | Legal since 1832 | No (Constitutional ban since 2009) | No (Constitutional ban since 2009) | No (Constitutional ban since 2009) | Since 2015 | Since 2010 bans anti SGM discrimination (≈Law Anti-Racism) | Since 2016 TG persons can change their name and gender without conditionsb |
 Brazil | Legal since 1831 | Since 2011 | Since 2013 | Since 2010 | Since 2015 | Since 1999 - Ban ‘conversion therapy’ Since 2013 SGM Health Policy Since 2019 bans anti SGM discrimination (≈Law Anti-Racism) | Since 2018 TG persons can change their name and gender without conditionsb |
 Chile | Legal since 1999 | Since 2015 | No | No | Since 2012 | Since 2012 bans all anti SGM discrimination | Since 1974 TG can change legal name/gender. Since 2019 TG persons can change their name and gender without conditionsb |
 Colombia | Legal since 1981 | Since 2007 | Since 2016 | Since 2015 | Since 1999 | Since 2011 | Since 2015 TG persons can change their name and gender without conditionsb |
 Ecuador | Legal since 1997 | Since 2009 | Since 2019 | No (Constitutional ban since 2009) | NA | Since 1998 Constitutional ban of discrimination based on sexual orientation Since 2008 bans all anti SGM discrimination Since 2014 - ban ‘conversion therapy’ | Since 2016 TG persons can change their name and gender without conditionsb The government includes a permanent marker on documents to identify gender changes |
 Guyana | Illegal (male only, max penalty life prison) | No | No | No | Since 2012 | No | No |
 Paraguay | Legal since 1880 | No (Constitutional ban since 1992) | No (Constitutional ban since 1992) | No | Since 2010 | No | No |
 Peru | Legal since 1836–1837 | No | No | No | Since 2009 | Since 2017 a decree bans all anti SGM discrimination | Since 2016 transgender persons can change their name and gender without gender-affirming surgeries. Judicial procedures required |
 Suriname | Legal since 1869 | No | No | No | No | Since 2015 | No |
 Uruguay | Legal since 1934 | Since 2007 | Since 2013 | Since 2009 | Since 2009 | Since 2004 bans all anti SGM discrimination Since 2017 - ban ‘conversion therapy’ | Since 2009 transgender persons can change their name and gender without gender-affirming surgeries. Since 2018 without judicial procedures. |
 Venezuela | Legal since 1800s | No | No | No | No | 2008 - Supreme Court reinforces non-discrimination related to sexual orientation | No |