Section 6. Discrimination and Societal Abuses
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Local police and private security forces allegedly prevented lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons from entering malls, public parks, and recreational areas. NGOs reported the Maduro regime systematically denied legal recognition to transgender and intersex persons by preventing them from obtaining identity documents required for accessing education, employment, housing, and health care. This vulnerability often led transgender and intersex persons to become victims of human trafficking.
The armed forces criminalize homosexual relations in the military justice code, punishing members of the LGBTQI+ community with prison from one to three years and fines.
NGOs reported incidents of bias-motivated violence against LGBTQI+ persons. Reported incidents were most prevalent against transgender individuals. Leading advocates noted that law enforcement authorities often did not properly investigate to determine whether crimes were bias motivated.
In June media reported at least seven hate crimes against LGBTQI+ persons. These cases should have been processed by the Special Ombudsman’s Office for the Protection of Persons of Sexual Diversity (an entity created in December 2020 and attached to the Ombudsman’s Office), but NGOs affirmed the office was ineffective and that most related hate crimes were not investigated.
The constitution provides for equality before the law of all persons and prohibits discrimination based on “sex or social condition,” but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. According to a TSJ ruling, no individual may be subjected to discrimination because of sexual orientation, but the ruling was rarely enforced.
The law establishes the principle of no discrimination for sexual orientation as well as no discrimination in the workplace for sexual preferences; however, there were no mechanisms to denounce violations of the law.