Recognition of same-sex unions in Colombia
Encyclopedia
Colombia
has no laws providing for same-sex marriage
. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions (uniones de hecho), which were previously available only to heterosexual couples and which provide all of the rights of marriage. According to the 1991 Constitution, "de facto unions" are legally equal to marriages.
A couple will be regarded as a de facto union after living together for two years. A union can be either registered or unregistered; both have the same status, but the registered union may provide greater convenience when accessing rights. A union can be registered through a public deed before a notary or a judge.
extended several common-law marriage
property and inheritance rights to same-sex couples. A subsequent court decision, handed down in October 2007, extended social security and health insurance rights to same-sex couples. Finally, on January 29, 2009, the Constitutional Court ruled that cohabitating same-sex couples must be given all of rights offered to unmarried heterosexual couples (which are equal to those of married couples, including nationality, residence permits, testimony when in jury, family-properties laws, etc).
The Constitutional Court of Colombia further ruled on Tuesday July 26 2011 to order the Colombian Congress to legislate on the matter of same-sex marriage
and that if they fail to, same-sex couples will be granted all marriage rights in two years (on June 20th 2013) automatically.
approved a historic same-sex couples bill by a vote of 62-43, and President Uribe was expected to sign the measure, which had been approved by the Colombian Senate in April. However, on June 19, a group of conservative senators broke party discipline in what is usually a routine vote on the final form of a bill and defeated the measure by 34-29 in the 102-member Senate. About 80 LGBT-rights advocates held a demonstration outside Congress the following day, protesting the bill's defeat. Supporters vowed to revive the legislation.
The bill, which had been endorsed by conservative President Alvaro Uribe, would have made Colombia the first nation in Latin America to grant gay couples in long-term relationships the same rights to health insurance, inheritance and social security as heterosexual couples.
According to a report on 365gay.com, "Under the legislation same-sex couples would have to register as partners. They would have to have lived together for more than two years and be of legal age. In return they will receive the same social security and inheritance rights as married couples. Supporters of the bill had tried four times since 1999 to pass the legislation, but each time it failed after opposition from the Roman Catholic Church."
According to a report in the Washington Post, "Bogota has a thriving gay neighborhood, bars whose patrons are openly gay and a center that provides counseling and legal advice to members of the gay community. Local politicians, among them Mayor Luis Eduardo Garzón and prominent members of Congress such as Senator Armando Benedetti, have supported the drive to give more rights to gay couples . . . but violence against gays is not uncommon and discrimination remains a recurring problem."
As Elizabeth Castillo, a lawyer and gay rights advocate, has stated, "even with the new law, many partners in gay relationships would probably be denied health and other benefits. . . . It's possible things won't change for some people," even if the law on same-sex couples' rights were to be enacted.
In 2011 after the Constitutional Court ruling, four bills were presented before the congress in order to correct the disadvantage of same-sex couples, two projects use the word Marriage, two of them create a new figure, Civil Union."
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
has no laws providing for same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions (uniones de hecho), which were previously available only to heterosexual couples and which provide all of the rights of marriage. According to the 1991 Constitution, "de facto unions" are legally equal to marriages.
A couple will be regarded as a de facto union after living together for two years. A union can be either registered or unregistered; both have the same status, but the registered union may provide greater convenience when accessing rights. A union can be registered through a public deed before a notary or a judge.
Court rulings
On February 7, 2007, the Constitutional Court of ColombiaConstitutional Court of Colombia
The Constitutional Court of Colombia is the highest entity in the judicial branch of government in the Republic of Colombia in charge of safeguarding the integrity and supremacy of the Colombian Constitution of 1991 within the Constitutional laws.However it is not the highest court of criminal...
extended several common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
property and inheritance rights to same-sex couples. A subsequent court decision, handed down in October 2007, extended social security and health insurance rights to same-sex couples. Finally, on January 29, 2009, the Constitutional Court ruled that cohabitating same-sex couples must be given all of rights offered to unmarried heterosexual couples (which are equal to those of married couples, including nationality, residence permits, testimony when in jury, family-properties laws, etc).
The Constitutional Court of Colombia further ruled on Tuesday July 26 2011 to order the Colombian Congress to legislate on the matter of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and that if they fail to, same-sex couples will be granted all marriage rights in two years (on June 20th 2013) automatically.
Parliamentary proposals
On 15 June 2007, the lower house of the Congress of ColombiaCongress of Colombia
The Congress of the Republic of Colombia is the name given to Colombia's bicameral national legislature.The Congress of Colombia consists of the 102-seat Senate , and the 166-seat Chamber of Representatives ...
approved a historic same-sex couples bill by a vote of 62-43, and President Uribe was expected to sign the measure, which had been approved by the Colombian Senate in April. However, on June 19, a group of conservative senators broke party discipline in what is usually a routine vote on the final form of a bill and defeated the measure by 34-29 in the 102-member Senate. About 80 LGBT-rights advocates held a demonstration outside Congress the following day, protesting the bill's defeat. Supporters vowed to revive the legislation.
The bill, which had been endorsed by conservative President Alvaro Uribe, would have made Colombia the first nation in Latin America to grant gay couples in long-term relationships the same rights to health insurance, inheritance and social security as heterosexual couples.
According to a report on 365gay.com, "Under the legislation same-sex couples would have to register as partners. They would have to have lived together for more than two years and be of legal age. In return they will receive the same social security and inheritance rights as married couples. Supporters of the bill had tried four times since 1999 to pass the legislation, but each time it failed after opposition from the Roman Catholic Church."
According to a report in the Washington Post, "Bogota has a thriving gay neighborhood, bars whose patrons are openly gay and a center that provides counseling and legal advice to members of the gay community. Local politicians, among them Mayor Luis Eduardo Garzón and prominent members of Congress such as Senator Armando Benedetti, have supported the drive to give more rights to gay couples . . . but violence against gays is not uncommon and discrimination remains a recurring problem."
As Elizabeth Castillo, a lawyer and gay rights advocate, has stated, "even with the new law, many partners in gay relationships would probably be denied health and other benefits. . . . It's possible things won't change for some people," even if the law on same-sex couples' rights were to be enacted.
In 2011 after the Constitutional Court ruling, four bills were presented before the congress in order to correct the disadvantage of same-sex couples, two projects use the word Marriage, two of them create a new figure, Civil Union."
Rights
Same-sex couples in de facto unions are entitled to a wide range of rights, including:- Joint property ownership
- Health benefits
- Immigration rights (i.e. the non-Colombian partner of a Colombian citizen will be able to gain a Colombian residence permit and citizenship)
- Social security rights
- Protection in domestic violence laws
- Rights in court (i.e. no obligation to give testimony against one's partner)