Laws

EL SALVADOR

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
1.

National

In 2006, El Salvador allowed artificial insemination treatment for women in a same-sex relationship [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 06
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [MARRIAGE] [VIOLENCE]
1.

National

As of October 2010, same-sex de-facto unions are not recognized [R1.1].

R1.1 IGLHRC: The Violation of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in El Salvador PDF 336.38kb, 07 OCT 10
Discrimination Legislation/Cases/References
1.

National

As of October 2010, the Constitution of the Republic and the penal norms do not explicitly prohibit discrimination based on sexual orientation, gender identity and gender expression [R1.1].

The State adopted Agreement No. 202 to eradicate all forms of discrimination based on sexual orientation in public health services, and Presidential Decree No. 56 to avoid all forms of discrimination based on gender identity and/or sexual orientation in the public administration. It has also created the Sexual Diversity Division under the Social Inclusion Secretary, however acts of violence and discrimination against the lesbian, gay, bisexual and transgender population in El Salvador keep occurring [R1.1].

R1.1 IGLHRC: The Violation of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in El Salvador PDF 336.38kb, 07 OCT 10

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Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

As at October 2010, trans people were prohibited from changing the names and genders recorded in their ID papers to be consistent with their gender identities and expressions. Also, trans women are forced to appear as men in their ID photos [R1.2].

In June 1998, seven gay transvestite prostitutes were reportedly shot to death in and around San Salvador [R1.1].

R1.2 IGLHRC: The Violation of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in El Salvador PDF 336.38kb, 07 OCT 10
R1.1 IGLHRC: IGLHRC Celebrates the 50th anniversary of the UDHR 10 DEC 98
Melbourne Star Observer: Open Season on Transvestites in El Salvador 19 JUN 98
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

In 1992, consensual sex between same-sex couples was allowed [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 06
Marriage Legislation/Cases/References
1.

National

On 30 April 2015, it was reported that subject to ratification by a two-thirds majority (56 votes) the 84-seat Legislative Assembly voted 47-0 in favour of a package of constitutional reforms that would confine marriage between men and women 'born that way' and bar same-sex couples from adopting children [R1.4].

As of October 2010, same-sex marriage is not allowed and same-sex de-facto unions are not recognized [R1.3].


On 07 February 2014, the Legislative Assembly voted 65-19 against a constitutional amendment aimed at banning gay marriage [R1.2].

In April 2009, the Legislative Assembly was considering a constitutional amendment banning same-sex marriages [R1.1].

R1.4 GayStarNews: El Salvador congress approves measure banning gay marriage 30 APR 15
R1.3 IGLHRC: The Violation of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in El Salvador PDF 336.38kb, 07 OCT 10
R1.2 OnTopMagazine: Attempt To Ban Gay Marriage Fails In El Salvador 09 FEB 14
R1.1 MCV: Catholic gay marriage protest 22 APR 09
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

As at October 2010, adoption of children by same-sex couples was not allowed [R1.1].

R1.1 IGLHRC: The Violation of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in El Salvador PDF 336.38kb, 07 OCT 10
Violence Legislation/Cases/References
1.

National

As at October 2010, the law against family violence does not apply to domestic violence occurring in same-sex couples [R1.1].

R1.1 IGLHRC: The Violation of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in El Salvador PDF 336.38kb, 07 OCT 10

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