Yes, protections based on sexual orientation and gender identity
Family rights
Recognition of relationships
No recognition of same-sex couples
Adoption
Same-sex couples not recognized
Lesbian, gay, bisexual, transgender, intersex, non-binary and otherwise queer, non-cisgender, non-heterosexual (LGBTQIA+ or LGBT) citizens of El Salvador face considerable legal and social challenges not experienced by fellow heterosexual, cisgender Salvadorans. While same-sex sexual activity between all genders is legal in the country, same-sex marriage is not recognized; thus, same-sex couples—and households headed by same-sex couples—are not eligible for the same legal benefits provided to heterosexual married couples.
LGBT individuals in El Salvador face high rates of violence, and may be victims of abuse and/or homicide. About 500 hate crimes against LGBT people were reported between 1998 and 2015, not accounting for the numerous likely unreported cases. Since the start of the 21st century, and with the work of activists, there have been more steps taken towards inclusivity and awareness of the Salvadoran LGBT community.
In response to high numbers of reported hate crimes, the Legislative Assembly ultimately passed a law enforcing penalties of imprisonment for such crimes. But prejudice and discrimination are still rife within regional communities, workplaces, schools and other institutions of the Salvadoran society. In 2018, the government approved a new policy allowing LGBT people to file legal complaints when discriminated against. In 2022, the Constitutional Chamber of the Supreme Court of Justice issued a reform on the Gender Identity Law, allowing individuals to change their name to match their gender identity.
Despite the sentence made by the Constitutional Chamber, the Legislative Assembly of El Salvador has not made any actions to guarantee the change of name and gender in legal documents, as of 2023.[1]
^"El Salvador no cumple plazo para legislar sobre identidad trans, dicen ONG". La Prensa Gráfica.
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