Venezuela is in South America, it has an estimated population of 32,219,521 according to the National Statistics Institute, of which 15,988,707 are male (49.76% of the total population) with 6,231,935 young people between 15 and 34 years (38.97% of the male population).
The indicators of extreme poverty are 6.97% and non-extreme poverty 17, 59% according to INE Census 2011.
Until now, there is not official public reports issued by state institutions on violence, persecution or discrimination for the LGBTI population.
Judgment 190/2008 of the Constitutional Chamber of the Supreme Court of Justice. It clarifies that within the cases of non-discrimination of Article 21 of the Venezuelan Constitution is sexual orientation.
Organic Law of Popular Power (2010). Article 4 mentions the right to non-discrimination based on sexual orientation, identity and gender expression.
Organic Law on Labor and the Rights of Workers (2012): Article 21 includes the right to non-discrimination based on sexual orientation.
Banking Sector Institutions Law (2010). Article 173 guarantees the right to non-discrimination based on gender identity and expression.
Law for the Regularization and Control of Housing Leases (2011). Article 5 Guarantees the right to non-discrimination based on sexual orientation and gender identity.
Law of the Homeland Plan. Second Socialist Economic and Social Development Plan of the Nation 2013-2019. Objectives 188.8.131.52, 184.108.40.206, 220.127.116.11, 18.104.22.168.
Agreements and ordinances against HomoBiTransPhobia have been signed by Legislative Councils and Municipal Councils of different states such as Bolívar, Capital District, Miranda, Yaracuy, Sucre and Carabobo.
Resolution N° 286 of 2010 of the Ministry of People's Power for Internal Relations and Justice on Norms and Guarantees related to Women's Rights, Gender Equality and Equality in the Bolivarian National Police Corps and other State and Municipal Police Corps. Article 3, Numbers 1 and 2, guarantees the defense, validity, enjoyment and exercise of human rights under conditions of equality of sex-diverse people who are part of the police forces, of the citizens who attend the provision of the service of police or is subject to detention; likewise, it is urged to eradicate discrimination against sex-diverse people and ensure timely and integral attention to victims of gender discrimination and violence in the Bolivarian National Police Corps and other state and municipal police bodies.
Decree for Equality and full enjoyment of the Human Rights of LGBTI people of the Capital District.
Transmission of messages about the diverse gender community, on radio, television and electronic media emanating from the National Telecommunications Commission (CONATEL) (2016).
Judgment N° 1187/2016, of the Constitutional Chamber of the Supreme Court of Justice. Interpret Article 75 of the Constitution of the Bolivarian Republic of Venezuela, recognizing homoparental families, as well as equal filiation and succession rights of children and adolescents born in these families.
There is a Draft Law on Equal Civil Marriage without debate. Presented on January 31, 2014 by means of a Legislative Popular Initiative before the National Assembly by the Equal Venezuela Civil Association, together with 47 organizations and more than 21,000 signatures were collected throughout the country.
There are several pending lawsuits before the Constitutional Chamber of the Supreme Court of Justice for the right to Equal Marriage, Gender Identity and Non-Discrimination in the Armed Forces since 2015 and 2016.
Venezuela is a signatory of the declaration of commitments to fight HIV / AIDS of the General Assembly of the United Nations, however in 1999, the Supreme Court of Justice ordered the Health Ministry to provide free antiretroviral medication, treatment for infections opportunists and diagnostic tests for Venezuelans and foreign residents in Venezuela with HIV.
Venezuela has a Law for the Promotion and Protection of the Right to Equality of People with HIV or AIDS and their Family Members (2014) and guarantees access to care and medicines to treat HIV, among other benefits.
Venezuela suffers a complex humanitarian emergency, health and medical treatments for HIV have been severely affected, which puts the lives of people with HIV in a dangerous situation. The State is not fulfilling its obligation in the constant delivery of antiretrovirals and prevention, education, health campaigns since before 2015.
Numbers and Data
According to the report prepared in 2018 by the Pan American Health Organization and World Health Organization, the Ministry of Popular Power for Health and UNAIDS for the “Master Plan for strengthening the response to HIV, tuberculosis and malaria in the Bolivarian Republic of Venezuela from a public health perspective”:
● In 2016, based on the latest available estimates, there were approximately 120,000 people with HIV in Venezuela, had 6,500 new infections and 2,500 deaths related to AIDS.
● Of the total of 120,000 people with HIV estimated for 2016, 59% had access to antiretroviral therapy (71,210 people under treatment).
● The Ministry of Popular Power for Health estimates that in the country at least 11,000 people get HIV every year.
● Mortality due to complications associated with AIDS increased around 70% between 1999 and 2013.
There are no specific statistical data of MSM carriers of the Virus, it is only estimated that about 75% of infected people are male.
According to the AVESA, ACCSI and Allied Chain Report “Sexual and Reproductive Health and Rights in Venezuela, Volume 4: HIV / AIDS” of 2015, discrimination against people with HIV / AIDS translated into the rejection of the general population is very little, most respect people with HIV / AIDS do not consider them a danger to their environment, children with HIV can share the same school space together with the rest of the children, and medicines should be guaranteed by the State in total gratuitousness and recognizes the right to confidentiality.
However, it is considered by the majority that they should receive hospital care separate from the rest and have an identifier when receiving assistance, they have no right to have children, and must notify at work that they are virus carriers even more in the field of health. There is no official information about discrimination against people carrying the virus.
According to the organization Acción Solidaria for 2016, 10 cases were attended per month for complaints of labor discrimination and for 2017 the crisis of such a high supply of antiretrovirals and reagents for diagnostic tests, pushed an important migration process.
As reported by the Health Ministry of Colombia, on the care of Venezuelan refugees and migrants, 2,395 HIV-related care has been generated between March 2017 and October 2018. In the case of Peru, the Health Ministry (Minsa), reported that until August 2018 there were 1,022 Venezuelans with HIV-AIDS.
Collaborator Organization of GayLatino in Venezuela
AC Venezuela Igualitaria. Maracay, Aragua State, +584128400516, firstname.lastname@example.org and website www.venezuelaigualitaria.org