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Recognition of same-sex unions in Paraguay

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Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Paraguay does not recognize same-sex marriage or civil unions. The Constitution of Paraguay has explicitly prohibited same-sex marriage since 1992, and de facto unions are only available to opposite-sex couples. Support for same-sex marriage remains low in comparison to neighboring Argentina and Brazil.[1]

Civil unions and limited rights

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Paraguay does not recognize civil unions (Spanish: unión de hecho; pronounced [uˈnjon de ˈetʃo]; Guarani: jeiko oñondive,[2] pronounced [ᵈjeiˈko oɲoⁿdiˈʋe]). The Constitution of Paraguay recognizes de facto unions with similar legal rights to marriage, but only for opposite-sex couples. Article 51(2) of the Constitution states:[3]

A de facto union between a man and a woman, having no legal impediments to getting married and being characterized by stability and monogamy, produces a similar effect to that of a legal marriage, in accordance with the provisions established by law.

In August 2011, Itaipu Binacional, the company operating the Itaipu Dam, decided to recognize the same-sex partners of employees for the purpose of private health insurance benefits, if the couples had been together for at least six months. An official working for the company said that the measure was for the sole purpose of including same-sex partners as beneficiaries of private health insurance for employees.[4]

Same-sex marriage

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Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Country subject to IACHR advisory opinion
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

Background

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Article 140 of the Civil Code of Paraguay expressly prohibits marriage between persons of the same sex.[5] In July 2010, following the legalisation of same-sex marriage in Argentina, the LGBT organization SOMOSGAY announced its intention to advocate for a same-sex marriage bill in the Congress of Paraguay. In May 2017, presidential candidate Santiago Peña of the ruling Colorado Party announced his support for same-sex marriage.[6][7] He was criticised by many deputies, as well as President Horacio Cartes.[8] In 2013, Cartes was quoted as saying that he would "shoot a bullet into his testicles were his son to express interest in marrying another man."[9][10] In March 2019, with 24 votes in favor, the Senate of Paraguay approved a draft declaration stating that it was "pro-life and pro-family", expressing opposition to same-sex marriage and abortion. The move was criticised by many lawmakers, who argued that the state is secular and cannot impose moral principles or values linked to religion.[11] While running for president in the April 2023 election, Peña expressed opposition to same-sex marriage,[12] as did his main opponent, Efraín Alegre.[13]

In 2013, Simón Cazal and Sergio López, Paraguayan nationals who had legally married in Argentina in March 2012, attempted to register their marriage in Paraguay. Their request was rejected, and they filed a legal challenge to have the marriage recognized.[14] However, the lawsuit was dismissed on 4 April 2013, with the judge ruling that the Paraguayan Constitution does not recognize same-sex marriages.[15][16][17] Media has reported other couples who had married abroad in Argentina, Costa Rica or Spain being denied recognition in Paraguay, including the ability of a foreign partner to obtain a residence permit.[18]

In September 2023, a same-sex couple, Beto Leiva and Felipe Rojas, held a symbolic marriage ceremony at the Alta Gracia Parque Hotel in Caacupé. The marriage lacks legal recognition, and the ceremony was labelled as "outrageous" on the front pages of national newspapers.[19][20]

Constitutional wording

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Since 1992, the Constitution of Paraguay has limited marriage to "one man and one woman".[3] Article 51(1), entitled "Legal Marriages and the Effects of De Facto Unions", states:

The law will establish the formalities to be observed for the marriage between a man and a woman, the requirements for contracting it, and the causes for separation or dissolution and its effects, as well as property management provisions and other rights and obligations between spouses.[a]

Article 52, entitled "Union in Marriage", states:

The union in marriage by a man and woman is one of the fundamental factors in the formation of a family.[b]

2018 Inter-American Court of Human Rights advisory opinion

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On 9 January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that parties to the American Convention on Human Rights should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage".[22][23] The advisory opinion states that:[24][25]

The State must recognize and guarantee all rights derived from a family bond between persons of the same sex in accordance with the provisions of Articles 11.2 and 17.1 of the American Convention. (...) in accordance with articles 1.1, 2, 11.2, 17, and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry. (..) To ensure the protection of all the rights of families formed by same-sex couples, without discrimination with respect to those that are constituted by heterosexual couples.

Paraguay ratified the Convention on 24 August 1989 and recognized the court's jurisdiction on 11 March 1993.[26]

On 12 January 2018, SOMOSGAY announced its intention to file a petition with the Supreme Court of Justice to legalize same-sex marriage in Paraguay,[27] citing the IACHR opinion.[28][29] Government officials reacted negatively to the opinion, with some opponents also falsely claiming that it did not apply to Paraguay.[30][31] Mario Abdo Benítez said in March 2018 that he would veto any same-sex marriage bill passed by Congress if elected president in the April 2018 election, which he subsequently won.[32]

Public opinion

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According to a Pew Research Center survey conducted between 26 November 2013 and 8 January 2014, 15% of Paraguayans supported same-sex marriage, while 81% were opposed.[33][34]

The 2017 AmericasBarometer found that 26% of Paraguayans supported same-sex marriage.[1]

See also

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Notes

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  1. ^ In the official languages of Paraguay:
    • in Spanish: La ley establecerá las formalidades para la celebración del matrimonio entre el hombre y la mujer, los requisitos para contraerlo, las causas de separación, de disolución y sus efectos, así como el régimen de administración de bienes y otros derechos y obligaciones entre cónyuges.
    • in Guarani: Léipe oĩva'erã mba'éichapa ojejapóta omenda hag̃ua kuimba'e kuña ndive, mba'épa oñekotevẽta upevarã, mba'éichapa ikatu ojueja jey hikuái, ha oparei jeýrõpa mba'e hapykuere; oĩva'erã avei léipe mba'éichapa ojeporúta mba'e oguerekóva hikuái; he'íva'erã avei mba'e mba'épa hembiaporã katu ha hembiaporã tee mokõivéva.[21]
  2. ^ In the official languages of Paraguay:
    • in Spanish: La unión en matrimonio del hombre y la mujer es uno de los componentes fundamentales en la formación de la familia.
    • in Guarani: Kuimba'e ha kuña joaju, menda rupigua, ha'e ñemoñanga yta tee peteĩva ha tenondetegua.[21]

References

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  1. ^ a b "Cultura Política de la Democracia en la República Dominicana y en las Américas, 2016/17" (PDF).
  2. ^ "Mbaretejeporu Género-re" (PDF). Ministry of Women, Genders and Diversity of Argentina (in Guarani). Retrieved 29 May 2024.
  3. ^ a b "Paraguay: Constitución de 1992". pdba.georgetown.edu (in Spanish).
  4. ^ "Parejas de homosexuales son beneficiadas por seguro médico en Itaipú". ABC Color. 12 August 2011. Archived from the original on 2 February 2017. Retrieved 27 January 2017.
  5. ^ "ARTICULO 140 del Código Civil de Paraguay". www.notarfor.com.ar (in Spanish). Retrieved 23 January 2017.
  6. ^ "Peña se retracta sobre el matrimonio igualitario". ultimahora.com.
  7. ^ ""El matrimonio igualitario es inmoral" - Nacionales - ABC Color". www.abc.com.py.
  8. ^ Blair, Laurence (30 March 2017). "Paraguay fears dictatorship as president moves to amend constitution". The Guardian.
  9. ^ "Me pego un tiro en las bolas". Hoy (in Spanish).
  10. ^ "Horacio Cartes: Millionaire. Criminal. Business titan". The Independent. 19 April 2013.
  11. ^ "Cámara de Senadores se declara provida y profamilia". Radio Marandú (in Spanish). 22 March 2019. Archived from the original on 25 March 2019.
  12. ^ "Paraguay: Mujeres y LGBT, otra vez postergados en elecciones". Infobae (in Spanish). 29 April 2023.
  13. ^ "Efraín, en contra el matrimonio igualitario y aborto". El Nacional (in Spanish). 21 March 2023.
  14. ^ "A 10 años del primer matrimonio igualitario de turistas, Simón y Sergio van por su reconocimiento". El Ciudadano. 2022-03-21. Archived from the original on 2022-03-21. Retrieved 2023-04-13.
  15. ^ "Paraguay no autoriza registro de matrimonio gay". El Siglo de Torreón. 2013-04-04. Archived from the original on 2023-04-14. Retrieved 2023-04-14.
  16. ^ Feder, J. Lester (12 June 2015). "Pope Francis Will Hold His First Public Meeting With A Married Gay Activist". Buzzfeed News.
  17. ^ "Derechos LGBT en Paraguay: ¿matrimonio igualitario a la vista?". ABC (in Spanish). 28 June 2024.
  18. ^ "Matrimonio igualitario: cuatro historias de parejas paraguayas para las que el amor fue más fuerte". ABC (in Spanish). 28 June 2024.
  19. ^ "Indignante celebración de casamiento gay en Caacupé". RCC (in Spanish). 4 September 2023.
  20. ^ "Paraguayos celebran su boda y en redes "estallan"". HOY (in Spanish). 5 September 2023.
  21. ^ a b "Constitución de Paraguay en Guaraní". guaraniayvu.org. Retrieved 3 April 2024.
  22. ^ Pretel, Enrique Andres (January 10, 2018). "Latin American human rights court urges same-sex marriage legalization". Reuters. Archived from the original on June 2, 2020. Retrieved January 12, 2018.
  23. ^ Chinchilla, Sofía; Cambronero, Natasha (January 9, 2018). "Corte Interamericana ordena abrir la puerta al matrimonio gay en Costa Rica" (in Spanish). La Nación. Archived from the original on June 2, 2020. Retrieved June 2, 2020.
  24. ^ "Opinión Consultiva OC-24/17 de 24 de Noviembre de 2017 Solicitada por la República de Costa Rica" (PDF) (in Spanish). Inter-American Court of Human Rights. Archived (PDF) from the original on June 2, 2020. Retrieved June 2, 2020.
  25. ^ Contesse, Jorge (July 26, 2018). "The Inter-American Court of Human Rights' Advisory Opinion on Gender Identity and Same-Sex Marriage". American Society of International Law. Archived from the original on June 5, 2020. Retrieved June 5, 2020.
  26. ^ "Annual Report of the IACHR 2001 - Annex III". cidh.org (in Spanish).
  27. ^ "LGTBI anuncia presión a Corte para aceptar unión igualitaria y habrá 'guerra'". Hoy. 12 January 2018. Archived from the original on 14 January 2018. Retrieved 14 January 2018.
  28. ^ "Inter-American Court endorses same-sex marriage; Costa Rica reacts". Tico Times. Retrieved 12 January 2018.
  29. ^ Andres Pretel, Enrique. "Latin American human rights court urges same-sex marriage legalization". Retrieved 12 January 2018.
  30. ^ "Matrimonio igualitario: Sugieren adecuar leyes". ultimahora.com.
  31. ^ "Opinión de Corte IDH sobre matrimonio igualitario no afecta a Paraguay". www.ultimahora.com.
  32. ^ "Mario Abdo Benítez wins Paraguay's presidential election". BBC News. 23 April 2018.
  33. ^ "Social Attitudes on Moral Issues in Latin America - Pew Research Center". Pew Research Center's Religion & Public Life Project. 13 November 2014. Retrieved 9 July 2015.
  34. ^ "Appendix A: Methodology". Pew Research Center's Religion & Public Life Project. 13 November 2014. Retrieved 9 July 2015.
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