LGBT rights in Bolivia
Lesbian, gay, bisexual, and transgender (LGBT) rights in Bolivia have expanded significantly in the 21st century. Both male and female same-sex sexual activity and same-sex civil unions are legal in Bolivia. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity. In 2016, Bolivia passed a comprehensive gender identity law, seen as one of the most progressive laws relating to transgender people in the world.
LGBT rights in Bolivia | |
|---|---|
| Status | Legal since 1832 |
| Gender identity | Right to change legal gender since 2016 |
| Discrimination protections | Sexual orientation and gender identity protections |
| Family rights | |
| Recognition of relationships | Free unions officially recognised starting in 2020; nationwide since 2023 |
| Restrictions | Same-sex marriage banned by Constitution |
| Adoption | Same-sex couples in a free union are permitted to adopt |
Following a decision from the Inter-American Court of Human Rights in January 2018, recognising same-sex marriage as a right under the American Convention on Human Rights and which set binding precedent for Bolivian courts, and pending a decision from the Plurinational Constitutional Court, the Civil Registry Service announced its intention on 9 December 2020 to issue civil union ("free union") certificates offering all of the legal rights, benefits and responsibilities of marriage to same-sex couples. As of January 2023, there are fifteen same-sex couples who have managed to officially register their free union based on the application of Advisory Opinion OC-24/17 of November 24, 2017 issued by the Inter-American Court of Human Rights.
Bolivia has recognised same-sex civil unions since 20 March 2023 in accordance with a ruling from the Plurinational Constitutional Court. The court ruled on 22 June 2022 that the Civil Registry Service (SERECI) was obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions. The court ruling went into effect upon publication on 20 March 2023.
On 21 July 2023, the Supreme Electoral Tribunal announced that same-sex free unions could now be performed in the same conditions as opposite-sex ones. The head of the Civic Registry Service (SERECI) stated that the regulations related to free unions had been modified so that same-sex unions can be registered with the same requirements and timings that had already been available for heterosexual couples.
Nevertheless, reports of discrimination against LGBT people are not uncommon. In 2017, the Bolivian Ombudsman reported that 64 LGBT people had been murdered in the country that year, of which only 14 cases had been investigated and none which resulted in a sentence.