The pluri-national State of Bolivia is in the south hemisphere of the continent, on the west of the Greenwich Meridian. It borders in the northeast with Brazil, in the South with Argentina and Paraguay (southeast) and in the west with Peru and Chile (southwest).
In the last Population and Living Place Census, in 2012, the number of inhabitants was 10,059.856 million. In 2019, according to the demographic prospective, the number of population is 11 million. The number of men (without age distinction) is 5.019.447 (49,90 %) and women 5.040.409 (50,10%).
The Article 4 of the Law 342 of Bolivian Youth defines the range of age of the youth from 16 to 28 years old, due to analyzing the data of the 2012 Census, the youth population is ,902.285 (28.86%).
Since information generated by 2012 Census, the most important economic activities in Bolivia are farming, cattle raising, forestry and fishing; wholesale and retail trade, vehicles reparation; manufacturing industry; building. The rate of economically active population is 71,9% and the unemployment rate is 6,5%, one of the lowest of the region. The Bolivian economy is focused principally on extraction and import of prime matter. In addition, 42% of the population is identified it selves as original indigenous nation.
The research about “Situation of TLGB populations in Bolivia” made in 2010, by the Connection Fund of Emancipation, determines between its most important data:
33% of LGBT people identified themselves as belonging to an indigenous population;
65% experimented discrimination in the educative system; 15% suffered a kind of discrimination in the health system;
49% of the transsexual and transgender population suffer labor discrimination;
69% of the LGBT people were discriminated by judicial, police or tax institutions;
69,2 % has suffered a kind of violence; 15% of LGBT people considerate that they do not access to a living place;
60 % of the LGBT people would like to recognize legally their right to life in couple and protection for their family;
75% of the transsexual and transgender people would want to access to name and sex change in their ID card, without discrimination;
Only 30% of the LGBT people have knowledge about their rights;
87% feels that political parties and political spaces discriminate them.
The National Constitution of the Pluri-National State of Bolivia, in its 14 Article, II paragraph, bans and sanctions the discrimination by sexual orientation and gender identity. In 2010, it was approved the Law number 045 against Racism and all type of discrimination, that incorporates as penal crime the discrimination by sexual orientation and gender identity. Discrimination is punished with freedom privation since 1 to 5 years, which is aggravated by a third the minimum and by a half the maximum when a) The fact is committed by a public servant or public authority; b) The fact is committed by a particular in provision of a public service; and c) the fact is committed with violence.
It does not exist any legislation that protect same-sex couples and their families, existing an inequality in front the law, the Political Constitution and international treated in Human Rights matters.
The following laws and decrees recognize and protect people by their sexual orientation and gender identity:
Law N° 233 “General Law for People with Disabilities”, that determines in its Article 4. (General Principles): “This Law, in concordance with the International Conventions and Political Constitution of State, is governed by the following principles: e) Gender Equality. By the difference in reason of gender between men and women with disabilities are equated, recognizing the sexual orientation and gender identity, in the frame of the rights exercise recognized in the Political Constitution of State”
Law n° 263 “Integral Law against Human smuggling and trafficking”, that establishes in its Article 5. (Principles and Values); “This Law is governed by the following principles and values: 9. No Discrimination. The State guarantees the protection of all the victims of Human smuggling and trafficking, and related crimes, and the enjoyment of their fundamental rights without age, sex (…) sexual orientation distinction (…) or any other condition”.
Law n° 342 of the Youth that determines in its Article 6 (Principles and Values), that this law is governed by the following principles and values: “7. Gender Equality. Roles, capacities and opportunities matching between young women and young men, recognizing and respecting the sexual orientation and gender identity”. In its article 9 (Civil Rights) determines that “younger have the following civil rights: 7. To associate and meet in a free and volunteer way, with legal aims, trough organizations or groups of student character (…) sexual orientation, gender identity (…) and others”. In its Article (Social, Economic and Cultural Rights), determines that youngers have the following Social, Economic and Cultural Rights: “6. Not suffering labor discrimination by their age (…) sexual orientation and gender identity”. In its 25 Article (Organization and Groups of youngers) indicates that: “I. younger Will form organization or groups, in accordance with their own visions and practices of student nature (…) sexual orientation, gender identity (…) and others, on the center level of the State and the autonomous territorials entities.”
Law No. 348 to guarantee women a life free of violence. It indicates that in its Article 7 (Types of violence against women), which establishes in its paragraph 16 “Violence against rights and sexual freedom. It is any action or omission that prohibits or restricts the exercise of women's rights to enjoy a free, safe, affective and full sexual life, or that violates their freedom of sexual choice.”
Law N° 341 of Participation and Social Control, that in its Article 6. (Actors of participation and social control), establishes “are actors of participation and social control, the civil society organized, with any kind of discrimination by sex (…), sexual orientation and gender identity (…)”.
Law N° 548 “Girl, Boy and Child” that in its Article 118. (Prohibition and Expulsion), determines “it is prohibited to the Pluri-national Educative System authorities refuse or expulse pregnant students, whatever be their marital status, as well as the student because of their sexual orientation (…). They must promote inclusion, protection, infrastructure policies, for their permanence that allow the integral wellness of the student until the finishing of their studies”. Also, this norm in its article 151 determines that “It is considered kinds of violence in the Educative System. Behavior that consists in all form of distinction, exclusion, restriction or preference founded in reason of sex, (…) sexual orientation and gender identity. All act of violence based on the belonging of the gender identity or that can have as a result a damage or physical, sexual or psychologist suffering for any member of the educative community”.
The Supreme Decree N° 0189, that declares the June 28 of every year as “Day of the Rights of the Diverse Sexual Orientation Population in Bolivia”.
El Decreto Supremo Nro. 1022, se declara el 17 de mayo de cada año como “Día de Lucha contra la Homofobia y Transfobia en Bolivia”.
In July 2019, it is promulgated the Supreme Decree N° 3978 that modifies the subsection d) of the paragraph I of the Article 16 of the Decree N° 24547 of 1997, that banned blood donation to homosexuals and bisexuals, because they were considered “promiscuous”. The new decree removes the homosexual and bisexual population of the list of permanent excluded people for blood donation.
Bolivia does not have a penal typing of hate crimes, that is a serious situation in relation with the life, citizenship security and justice access to the LGBT population of the country.
The male sexuality research in Bolivia (SEMBO) of 2008 refers that the HIV prevalence in the GB and MSM population is 11 %; the 2012 Report about Health in the Americas of PAHO affirms a prevalence of 12,7 %.
Bolivia has the N° 3729 Law for HIV-AIDS prevention, protection of Human Rights and Integral Multidisciplinary Assistance for people who live with HIV-AIDS. The current norm is from 2007, that is why it is outdated and has inconsistencies with the Political Constitution of State of 2009; thus, it is needed a new law.
Law N° 3729 recognize the rights of people who live with diverse sexual orientation and gender identity, to receive integral and multidisciplinary assistance in relation with HIV/AIDS.
In the last report of ONUSIDA, in 2019, it was recorded that between 2010 and 2018 the rate of annual new cases was increased in Bolivia, in 22%.
The budget report of Bolivia to ONUSIDA in 2012, breakdown the following financial sources on the answer in relation with HIV-AIDS: Private resources ($ 2,112.301); Public State Resources ($ 4,786.726); Global Fund Resources ($ 3,549.926) and another funds ($ 97,951); $ 11,768.762 in total.