Lesbian, gay, bisexual, and transgender (LGBT) persons in Nicaragua face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...

residents. Both male and female same-sex sexual activity are legal in

Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the cou ...

. Discrimination based on

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

is banned in certain areas, including in employment and access to health services. According to Nicaraguan LGBT group ''Movimiento de la Diversidad Sexual'' (Movement of Sexual Diversity), there are approximately 600,000 gay people living in Nicaragua.

Legality of same-sex sexual activity

Both male and female same-sex sexual activity have been legal in Nicaragua since March 2008. The

age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...

is 16, regardless of sexual orientation or gender, and all sexual offenses are gender-neutral, according to articles 168, 170, 172 and 175 of the Criminal Code of Nicaragua.

Recognition of same-sex relationships

Same-sex couples and households headed by same-sex couples are not eligible for the same legal benefits and protections available to opposite-sex married couples. In June 2014, the Nicaraguan Congress approved a revised family code that would limit marriage, partnerships and adoption to heterosexual couples. On 8 April 2015, the new Family Code went into effect. Several organizations filed an action of unconstitutionality against the Code. Article 72 of the

Constitution of Nicaragua The Constitution of Nicaragua was reformed due to a negotiation of the executive and legislative branches in 1995. The reform of the 1987 Sandinista Constitution gave extensive new powers and independence to the National Assembly of Nicaragua, Nati ...

states that: On 9 January 2018, the

Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...

(IACHR) ruled that countries signatory to the

American Convention on Human Rights The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into forc ...

are required to allow same-sex couples to marry. The ruling, which set binding precedent for numerous Latin American countries, states that:

Discrimination protections

Article 315 of the Penal Code on "offenses against labor rights", states that discrimination based on " sexual option", is punishable with up to one year in prison. Article 3(l) of ''Law N° 820 for the Promotion, Protection and Defense of Human Rights in the face of HIV and AIDS, for its Prevention and Attention'' ( es, Ley núm. 820 de promoción, protección y defensa de los derechos humanos ante el VIH y SIDA para su prevención y atención) prohibits discrimination based on

(among other grounds). Article 1 of ''Ministerial Resolution 671-2014'' prohibits discrimination based on sexual orientation,

gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...

and gender expression in access to health services.

Hate crime law

According to Article 36(5) of the Penal Code, an aggravating circumstance exists when a person is motivated by discrimination based on

while committing a criminal offense. A 2012 survey by the Center for Justice and International Law found that 53 aggressions against LGBT people had occurred between 1999 and 2011. Of these, 15 involved murders (10 gay men, 4 transgender people and 1 lesbian). The actual number of homicides and violent attacks is expected to be higher, as many victims choose not to denounce the attacks to the police.

Social conditions

Gay men are generally more visible in public than lesbians are. When lesbians socialize with each other, it often happens in private residences or other private places.

LGBT history in Nicaragua

Many LGBT Nicaraguans held prominent roles during the

Sandinista Revolution The Nicaraguan Revolution ( es, Revolución Nicaragüense or Revolución Popular Sandinista, link=no) encompassed the rising opposition to the Somoza dictatorship in the 1960s and 1970s, the campaign led by the Sandinista National Liberation Fr ...

; however, LGBT rights were not a priority to the Sandinista Government because the majority of the population were Roman Catholic. Protecting those rights was also considered politically risky and bound to be met with hostility from the Roman Catholic Church, which already had bad relations with the government. On the tenth anniversary of the Sandinista Revolution (1989), many community centers were launched for LGBT people. The centers began to form after a march by activists that took place in

Managua ) , settlement_type = Capital city , motto = , image_map = , mapsize = , map_caption = , pushpin_map = Nicara ...

. After the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

lifted the economic embargo against Nicaragua, many non-governmental organizations (NGOs) promoting LGBT rights began to operate in the country. As a result, Nicaragua hosted its first public

gay pride festival A pride parade (also known as pride march, pride event, or pride festival) is an outdoor event celebrating lesbian, gay, bisexual, transgender, and queer (LGBTQ) social and self-acceptance, achievements, legal rights, and pride. The events ...

in 1991. The annual Gay Pride celebration in Managua, held around 28 June, still occurs and is used to commemorate the uprising of the

Stonewall riots The Stonewall riots (also known as the Stonewall uprising, Stonewall rebellion, or simply Stonewall) were a series of spontaneous protests by members of the gay community in response to a police raid that began in the early morning hours of Ju ...

in New York City. After gaining support, the LGBT community suffered a setback when a bill formerly written to protect women from rape and sexual abuse was changed by social Christians in the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...

. The change imposed a sentence of up to three years in prison for "anyone who induces, promotes, propagandizes, or practices sex among persons of the same sex in a scandalous manner." It also included any unmarried sex acts. Activists and their allies protested in Nicaragua and at embassies abroad; however, President

Violeta Chamorro Violeta Barrios Torres de Chamorro (; 18 October 1929) is a Nicaraguan politician who served as President of Nicaragua from 1990 to 1997. She was the first and, as of 2022, only woman to hold the position of president of Nicaragua. Born into ...

signed the bill into a law in July 1992 as Article 204 of the Nicaragua Criminal Code. In November 1992, a coalition known as the Campaign for Sexuality without Prejudices (''Campaña por una Sexualidad sin Prejuicios''), composed of lawyers, lesbians, and gay activists, among others, presented an appeal to the Supreme Court of Justice challenging the law as unconstitutional. The Supreme Court rejected the appeal in March 1994. On 1 March 2008, a new Penal Code took effect. It omitted the language in the now-repealed Article 204 and, by doing so, decriminalized sex out of wedlock and gay sex between consenting adults.

United Nations

Since legalizing homosexuality in 2008, Nicaragua has been active on the international level in supporting LGBT rights. In 2011, Nicaragua signed the " joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...

, condemning violence and discrimination against LGBT people. The Nicaraguan Government has also urged countries to repeal their sodomy bans, including

Antigua and Barbuda Antigua and Barbuda (, ) is a sovereign country in the West Indies. It lies at the juncture of the Caribbean Sea and the Atlantic Ocean in the Leeward Islands part of the Lesser Antilles, at 17°N latitude. The country consists of two maj ...

Public opinion

According to a

Pew Research Center The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C. It provides information on social issues, public opinion, and demographic trends shaping the United States and the w ...

survey, conducted between 9 November and 13 December 2013, 77% of Nicaraguans opposed same-sex marriage, 16% were in favor and 7% did not know. The 2017 AmericasBarometer showed that 24.5% of Nicaraguans supported same-sex marriage.

Summary table

Notes

References

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