{"id":4903,"date":"2025-09-08T20:00:16","date_gmt":"2025-09-08T20:00:16","guid":{"rendered":"https:\/\/colombiadiversa.org\/?p=4903"},"modified":"2025-09-08T21:42:49","modified_gmt":"2025-09-08T21:42:49","slug":"on-access-to-rights-for-lgbtiq-people-in-colombia","status":"publish","type":"post","link":"https:\/\/colombiadiversa.org\/en\/on-access-to-rights-for-lgbtiq-people-in-colombia\/","title":{"rendered":"On access to economic, social and cultural rights for LGBTIQ+ people in Colombia"},"content":{"rendered":"

In the framework of the review that the Committee on Economic, Social and Cultural Rights (ESCR Committee) will carry out on the Colombian State regarding the fulfilment of the obligations established in the International Covenant on Economic, Social and Cultural Rights (ICESCR), Colombia Diversa presents the main obstacles faced by lesbian women, gay men, bisexual, trans, intersex and queer (LGBTIQ+) persons in the country in relation to the enjoyment of their economic, social and cultural rights (ESCR) and requests the ESCR Committee to make specific recommendations in favour of the rights of LGBTIQ+ persons, intersex and queer (LGBTIQ+) women face in the country in relation to the enjoyment of their economic, social and cultural rights (ESCR) and requests the Committee on ESCR to make specific recommendations in favour of the rights of LGBTIQ+ people beyond the non-discrimination clause in order to promote more effective actions that promote the transformation of stereotypes and prejudices against this population, as well as their real integration and equality in Colombian society.<\/span><\/p>\n

These needs are demonstrated by the limited impact that the general recommendations have had on the transformation of prejudices. Although Colombia has recently made significant advances in its regulations and public policies in relation to the rights of this population group, such as the recent issuance of the National Plan for the Guarantee of the Rights of the LGBTIQ+ Population - CONPES 4147<\/span>However, all these advances, in particular those associated with ESCR, are rights that have not been effectively realised. This is reflected, for example, in the overall figures for violence against LGBTIQ+ people in Colombia:\u00a0<\/span><\/p>\n

 <\/p>\n\n\n\n\n\n\n
Homicide<\/b><\/td>\n<\/tr>\n
108<\/b><\/p>\n

homicides<\/b><\/td>\n

109<\/b><\/p>\n

homicides<\/b><\/td>\n

109<\/b><\/p>\n

homicides<\/b><\/td>\n

106<\/b><\/p>\n

homicides<\/b><\/td>\n

226<\/b><\/p>\n

homicides<\/b><\/td>\n

205<\/b><\/p>\n

homicides<\/b><\/td>\n

148<\/b><\/p>\n

homicides<\/b><\/td>\n

159<\/b><\/p>\n

homicides<\/b><\/td>\n

175<\/b><\/p>\n

homicides<\/b><\/td>\n<\/tr>\n

2016<\/b><\/td>\n2017<\/b><\/td>\n2018<\/b><\/td>\n2019<\/b><\/td>\n2020<\/b><\/td>\n2021<\/b><\/td>\n2022<\/b><\/td>\n2023<\/b><\/td>\n2024<\/b><\/td>\n<\/tr>\n
Figure 1. Number of homicides per year of LGBTIQ+ people in Colombia<\/a><\/b><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n\n\n\n\n\n\n
Threats<\/b><\/td>\n<\/tr>\n
49<\/b><\/p>\n

cases<\/b><\/td>\n

64<\/b><\/p>\n

cases<\/b><\/td>\n

127<\/b><\/p>\n

cases<\/b><\/td>\n

107<\/b><\/p>\n

cases<\/b><\/td>\n

337<\/b><\/p>\n

cases<\/b><\/td>\n

97<\/b><\/p>\n

cases<\/b><\/td>\n

181<\/b><\/p>\n

cases<\/b><\/td>\n

203<\/b><\/p>\n

cases<\/b><\/td>\n<\/tr>\n

2016<\/b><\/td>\n2017<\/b><\/td>\n2018<\/b><\/td>\n2019<\/b><\/td>\n2020<\/b><\/td>\n2021<\/b><\/td>\n2022<\/b><\/td>\n2023<\/b><\/td>\n<\/tr>\n
Figure 2. Number of cases of threats against LGBTIQ+ people per year in Colombia\u00a0<\/b><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n

The main victims of all these acts of violence were gay men and transgender women.<\/span>. It should be noted that, as of June 2025, the Attorney General's Office reported 45 homicides of LGBTIQ+ people, of which 20 were gay men and 14 trans women.<\/span>.\u00a0<\/span><\/p>\n

Much of this violence, as evidenced by the figures, has been<\/span>Although they remain in impunity, it also has a clear origin related to the stereotypes and prejudices existing in the population, where imaginaries of profound rejection of people with diverse sexual orientations, identities and gender expressions (OSIEG) persist. It is also noted that access to ESCR by this population group is even more difficult, given that the mechanism through which advances in the recognition of the rights of the LGBTIQ+ population in Colombia have mainly been developed is the tutela action established for the protection of fundamental rights.\u00a0<\/span><\/p>\n

This is despite the existence of laws, decrees, court rulings and, in theory, even public policies.<\/span> associated with rights that seek to change imaginaries and the way society and the State understand the LGBTIQ+ population. However, they do not have robust action plans that materialise the legal standards enshrined in more than 289 judicial rulings of the country's high courts.<\/span>. Thus, they continue to lack adequate implementation and, in cases such as access to health care for transgender people, barriers to access to services that the Constitutional Court has previously recognised persist.<\/span>. This is regrettable considering that compliance is necessary in view of Colombia's commitments under the previous UPR.<\/span> and before the United Nations treaty bodies.<\/span><\/p>\n

Therefore, we highlight below the barriers associated with four obligations in particular: (a) access to health, especially for transgender and non-binary people; (b) access to education, materialised in the permanence in the education sector of LGBTIQ+ people; (c) the invisibilisation and denial of access in cultural matters to the LGBTIQ+ population; (d) migrants.\u00a0<\/span><\/p>\n

Suggestions and recommendations will be included in each of the sections below. We ask the Committee on ESC rights, given their importance, to address these issues and make recommendations related to the LGBTIQ+ population in its review of Colombia.\u00a0<\/span><\/p>\n

II. Right to health (Article 12 of the ICESCR)<\/b><\/h6>\n

In accordance with the ICESCR, the principle of non-discrimination in access to health services implies that the enjoyment of the highest attainable standard of health should not be restricted on the basis of sexual orientation or gender identity.<\/span>The right to control one's own body and health, including sexual freedom without external interference, must be given to the individual.<\/span>. The right to health encompasses equal access to health services and underlying determinants of health, with effective availability, accessibility, acceptability and quality.<\/span>.<\/span><\/p>\n

In Colombia, by Constitutional Court decisions<\/span> and inclusion in the Basic Health Benefits Plan.<\/span> In the case of sex-reaffirmation drugs and procedures, there are guarantees and recognition of the rights of persons accessing these services. However, there are significant barriers, given the pathologisation of identities in medical practice and the constant non-compliance with Court orders. The following barriers have been identified:<\/span><\/p>\n

 <\/p>\n