What to do if an LGBT person is mistreated or evicted from their home because of their sexual orientation or gender identity are some of the questions that arise these days. Colombia Diversa, Dejusticia and Sentiido share this guide of questions and answers to legal issues useful to have at hand. Second issue.

(Read the first installment on mental health and LGBT people in isolation here.)

The COVID-19 pandemic has required both organisations and public entities to rethink how they continue to provide their usual services, as well as how to respond to situations that had not previously arisen.

Restrictions on mobility, confinement to our homes and prejudices against LGBT people have aggravated the situations of violence they experience. And although the rules for the protection and punishment of violence have not changed, there is a need for greater dissemination of the channels of care and how to demand respect for rights.

To this end, below we answer the most recurrent concerns that have been raised with us:

What can I do if I am evicted from my home because I am LGBT?

Decree 460 of 2020 established that Family Police Stations must continue to provide their services during the quarantine period. In these cases, it is best to go to the nearest Family Police Station to report the domestic violence that is occurring and request a protection measure, which may include ordering the aggressor or aggressors to return personal belongings, identity documents and any other document or object owned by the victim; the provisional decision on the use and enjoyment of the family home; and even the establishment of a maintenance quota in their favour.

Dichas medidas serán proferidas por la Comisaria de Familia en consideración a las circunstancias de cada persona. Si usted tiene alguna duda sobre su caso en particular, escribanos al correo co****************@*************sa.org

In the case of minors, the entity called upon to attend to their case will be the Colombian Institute for Family Welfare (ICBF) and that it can take whatever measures it deems necessary to protect her from violence.

Note: Decree 563 of 2020 stated that the services of the Family Ombudsman's Offices continue uninterrupted, in relation to the verification of the guarantee of the rights of children and adolescents allegedly threatened or violated, as well as any other urgent action aimed at their comprehensive protection.

What can I do if I am abused (verbally or physically) by my family because I am LGBT?

In these situations, the person can go to either the Family Police Station (if they are of legal age) or to the ICBF zone centre (in the case of minors) in their place of residence, to request that a protection measure be established in their favour and that their rights be protected, especially the right to a life free of violence. violence.

What can I do if I am assaulted as an LGBT person by someone outside my family?

In these cases, the person can go to the Police Inspectorate or the Public Prosecutor's Office to bring the situation of aggression to the attention of the authorities.

The Prosecutor's Office has set up a hotline 122 to report cases of gender violence or (1) 5702000 in Bogotá and 018000919748 in the rest of the country.

Many LGBT people, especially in municipalities, have to work in styling. or sex work. With the pandemic, this has been reduced. In these circumstances, where can they turn?

People who are self-employed and have not been able to carry out the work from which they derived their income, can go to the social integration secretariats of their municipalities and ask about the assistance provided by the municipal authority.

Before the pandemic started, I filed a complaint of discrimination/violence because I am an LGBT person. What is going to happen to these legal proceedings?

In some cases, legal proceedings are suspended. This means that no progress will be made during the COVID-19 emergency. But once the measures ordered by the government are lifted, the processes and procedures will continue as usual.

I have suffered police violence as an LGBT person in this pandemic, what can I do?

You can file a complaint against the police officer who assaulted you because of your sexual orientation or gender identity. For this purpose, the Prosecutor's Office has set up the 122 hotline or the email address from*************@**********ov.co

In the supermarket I go to I was insulted and discriminated against because I am LGBT, what can I do? Who can I complain to?

You can go to the Police Inspectorate so that they can impose a sanction on the person who assaulted you for infringing the Police Code. You can also file a complaint with the Superintendence of Industry and Commerce against the business establishment. The contact lines for the Superintendence of Industry and Commerce are: (1) 5920400 in Bogotá and 018000910165 at the national level or through the citizen attention services indicated on the website: https://www.sic.gov.co/servicios-de-informacion-al-ciudadano

What can I do if my landlord asks me to leave because I have a same-sex partner?

The government, through Decree 579 of 2020, established that from 20 April to 30 June 2020 all eviction actions were suspended. That is to say, no one can be removed from the place they have rented, whether commercial or housing.

Now that my neighbours and I are spending more time at home, they have found out that I have a same-sex partner and are shouting things at me from their windows. What can I do? 

These situations of aggression motivated by sexual orientation constitute a violation of the Police Code and can therefore be reported to the Police Inspectorate. To confirm the means of attention of the Police Inspectorate of your place of residence, it is advisable to contact the citizen service of the Mayor's Office of your municipality.

Can they take away my right to see and share with my children on the grounds that it is dangerous for them to be with me during quarantine?

No. Both Decree 457 and Decree 749 of 2020 have allowed the movement of persons for the assistance and care of children and adolescents. Therefore, mobility restrictions should not prevent parents from having contact with their children, unless it is proven that they cannot be guarantors of their children's rights.