LGBT+ groups seek explicit protection against discrimination in new Penal Code

Santo Domingo.- Several LGBT+ rights organizations have asked the Dominican Republic’s Constitutional Court to address what they describe as a legislative omission in Article 173 of the country’s new Penal Code, arguing that the provision fails to explicitly include sexual orientation among the grounds for protection against discrimination.

The request was presented during a public hearing on a direct action of unconstitutionality challenging the article. The organizations said the omission creates legal uncertainty and could leave protection against discrimination based on sexual orientation open to varying interpretations.

Article 173 establishes prison sentences of two to three years and fines for discriminatory acts based on grounds including sex, color, age, disability, nationality, religion and political opinion, among others. However, sexual orientation is not expressly listed.

Representatives of organizations including Colesdom, Diversidad Dominicana, Amigos Siempre Amigos (ASA), Trans Siempre Amigas (Transsa), Casa Quisqueyana, Revasa, Proactividad and TEPA said their legal action seeks no special privileges, but clearer and more effective protection against discrimination.

They argued that discrimination against LGBT+ people remains a reality in the Dominican Republic, citing findings from the 2020 National LGBT+ Survey that point to vulnerabilities including workplace exclusion, denial of services, bullying, family rejection and barriers to accessing justice.