User:Ayhughes/LGBT rights in El Salvador

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Lesbian, gay, bisexual, transgender, and other non-cisgender or non-heterosexual (LGBT) persons in El Salvador may face legal and social challenges not experienced by non-LGBT residents. Same-sex sexual activity of all genders are legal in El Salvador, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

LGBT people in El Salvador face high rates of violence and homicide. About 500 hate crimes against LGBT people were reported between 1998 and 2015. Within recent years and with the work of activists, there have been more steps towards inclusivity of LGBT people. In response to high numbers of hate crimes, the Legislative Assembly passed a law providing penalties of imprisonment for such crimes. But discrimination remains widespread within individuals and institutions in 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.

Cultural Perceptions on LGBT Community
There is also a cultural and social view among homosexuals in El Salvador, where if you are the dominant partner and if you don't kiss, then that means you are "not gay", unlike the passive partner or flamboyant homosexuals. In matters of Top, bottom and versatile,  playing the passive role in El Salvador is seen as gay and many Salvadoran homosexuals see female mannerisms as negative, where as playing a dominant role and having macho mannerisms is seen as positive and a sign of virility. These views among homosexuals might encourage young teen boys to only have either Platonic love or none romantic relationships, limited to oral and Intercrural sex only.

''In the home, sexuality is not discussed, as heterosexuality is assumed the norm. While many choose not to come out to their families, those apart of the LGBT community who do are often seen as bringing shame to their families. Often, those who come out are subjected to conversion therapy or family prayers to convert them to heterosexuality. When these methods do not work, families sometimes expel the homosexual individual from their homes and severe all connections. LGBT individuals who are not expelled and are somewhat accepted by their families still experience isolation and guilt for causing pain to their family. ''

In prisons, homosexual inmates are strictly forbidden to dress or behave in a effeminate manner. Most of the problems and attitudes within the homosexual community in El Salvador are the result of El Salvador's embedded machismo culture which frowns upon Homoeroticism and Homosociality. During the civil war in the 80's, many young Salvadorans were kidnapped and raped, but very few came forward to report it because they were ashamed and more afraid of being stigmatized, ostracized, and ridiculed by society than to look for justice. In El Salvador, 76 percent of male political prisoners told researchers they had experienced sexual torture.

Gender Identity Law
''On February 22, 2022, the Constitutional Chamber of the Supreme Court of Justice ordered that the current law be reformed to allow individuals who do not identify with their assigned gender at birth to change their names to match their gender identity. This came from a lawsuit from 2016 filed by a transgender activist, on account of the current Name Law violating the Constitution of the Republic. The Court ruled that the current Name Laws were unconstitutional, as they discriminated individuals on the basis of gender, thus calling for reform. ''

Blood Donation
Gay and bisexual men are allowed to donate blood. Blood donation policy prohibits those who "engage in risky behaviours" from donating (people with multiple sex partners, for instance).

Transgender Health
''Transgender individuals face a lot of discrimination within the healthcare system. In hospitals, it is often the case where healthcare specialists dismiss patients' problems as being a side effect of their transgender identity. They are also sometimes made to wait longer or even denied as a result of their gender identity, though it can be done discreetly. Additionally, while hormone therapy and sex reassignment surgery are not well studied, as there is a lack of protocol and programs. However, one study found that many trans women did not seek out medical help after suffering side effects from surgeries. ''

Mental Health
''Members of the LGBT community experience suicide ideation and suicide attempts at a higher percentage than the general population. Even when reaching out for psychological care, many individuals felt insecure and experienced prejudice. And often psychological care comes in the form of conversion therapies, often when parents are attempting to modify the sexual orientation of their children. ''

HIV/AIDS
The end of the Civil War and the democratization paved the way for NGOs and private citizens to campaign for HIV/AIDS education. Yet, since the 1990s, people working for such groups, most notably The Oscar Romero AIDS Project, have faced harassment and death threats.

Since 2005, a national policy on HIV/AIDS has been developed, and it has gradually gotten the support of major politicians. ''In 2007, the first National testing day for HIV/AIDS was established. It continues to be held on the last Thursday or Friday of the month of June. '' In 2009, a national health plan to stop the spread of HIV/AIDS included a prohibition on sexual orientation-based discrimination in health care.

Primary and Secondary Education
''Sexuality is not discussed in school curriculum, which falls in line with societal expectations. This leads to invisibility in school by many LGBT students to avoid discrimination. However, LGBT students, particularly students whose their gender expression does not match that assigned at birth, drop out of school at high rates. Additionally LGBT students have been expelled for their sexuality and identity. ''

Higher Education
''The lack of discussion continues in higher education as no known universities or graduate programs have Sexuality Studies programs. There have however been academic publications made in universities, which a majority coming from the University of El Salvador. Many are from a psychological or legal science perspective, though there are a varying levels of support within these publications. ''

Workforce
''LGBT individuals have historically been discriminated against in the workforce. While many LGBT individuals hide their sexuality or identity, a study in 1998 found that 90% of LGBT people earned less than minimum wage at their job, despite many of them having higher education. Transgender individuals particularly suffer, as many of them are lacking in education and their visual gender expression is often not accepted. As a result, a large number of transgender individuals participate in sex work in order to survive. While they obtain much higher pay, they are more susceptible to sexually transmitted diseases and sexual assault. ''

Living conditions
While some legal advances for LGBT rights have made, public attitudes about LGBT people are often still negative, even violently intolerant.

A major reason for these negative public attitudes about LGBT people are the traditional teachings of the main religions in the country; namely the Catholic Church and several conservative and evangelical Protestant denominations. ''Over 50% identifies as actively practicing Catholics, while many of the remaining population attends evangelical churches. As a result, many Salvadorans hold traditional, religious beliefs on homosexuality.'' These religious denominations believe that homosexuality and cross dressing are signs of immorality, and many of their leaders have organized opposition to LGBT rights legislation.

In July 2017, the capital city, San Salvador, authorized the permanent painting of several crossroads with the colours of the rainbow in support of LGBT rights.

Violence against LGBT individuals
There have been multiple instances of violence and murders targeting gay and trans people throughout El Salvador's history. It was reported that during the Salvadoran Civil War, unknown forces kidnapped over a dozen transgender sex workers in the early 1980s. This event mobilized the early activity of William Hernández and his partner Joaquin Cáceres, who formed the first formally-established LGBT organization Entre Amigos.

After the Civil War, violence against LGBT individuals continued. There were reports of violence targeting LGBT throughout the 1990s, and AIDS and LGBT rights activists received regular threats of violence. A survey from 2006 until 2009 showed continued threats of violence against LGBT activists, violence against LGBT members, and lack of investigation by police in LGBT deaths as a result of gang violence. On 9 September 2015, El Salvador lawmakers passed a law enhancing penalties for hate crimes based on sexual orientation and gender identity. However, many hate crimes towards members of the LGBT community were not officially reported until 2015. And those that were often resulted in blatant refusal to cooperate by the police or accusation on LGBT individuals who in fact were the victims.

''While gang violence is prevelant in all of El Salvador, some gangs target members of the LGBT community. The pervasiveness of gang violence within El Salvador can also contribute to the lack of reporting hate crimes, for the fear of reprisal. While there is violence in the form of physical and sexual assault, it also takes the form of forced recruitment and "taxing" for one's safety. LGBT members who participate in sex work are also more likely to be victims of gang violence, due to increased exposure. ''

''Men particularly have faced violence from police officers, soldiers, and prison guards as they are often targeted for effeminate behavior or outfits. This comes in the form of unwarranted searching, stealing of property, sexual assault, and other physical violence. Additionally, transgender people are often only recognized for their assigned gender at birth in the judicial system. In the investigation of Doris and Maricela in 1999, the two transvestites were forced to wear men's clothing for their hearing. ''

Public opinion
A 2010 poll revealed that El Salvador had some of the lowest support for legalizing same-sex marriage in Latin America at 10%.

''A 2013 study showed that 62% of Salvadoran do not accept homosexuality and 85% of the population believes it to be acceptable to attack a transgender individual on the basis of their identity. ''

The 2017 AmericasBarometer showed that 19% of Salvadorans supported same-sex marriage.

First Activist Organization
''El Salvador's first and oldest LGBT activist organization is called Among Friends (Spanish: Entre Amigos). It was established after a group of LGBT individuals came together after the Salvadoran Civil War to discuss the HIV epidemic. This discussion led to the development of the National Foundation for the Prevention, Education, and Accompaniment of People with HIV/AIDS (Spanish: Fundación Nacional para la Prevención, Educación y Acompañamiento de la Persona VIH/SIDA). ''

Pride Parade
''To commemorate the massacre of many trans women in the 1980s during the Civil War, Entre Amigos organized El Salvador's first Gay Pride Parade (Spanish: Marcha del Orgullo Gay) in June 1997. The march took the path from Cuscatlán Park to Plaza Francisco Morazán, as it was near the massacre from the 1980s. The pride parade continues to this day and is a celebration of LGBT identities. ''