Noticias
In our country are still occurring cases - although increasingly lesser extent - in which LGBT people are harassed by law enforcement officers in public places showing affection to their partners or same-sex friends.
Following this, taking advantage of the month of love, it is necessary to recall the legal framework that protects you in defending your rights and educating them go to all people.
First of all, remember the most important: in Paraguay, even if equal marriage is not yet legal, being a LGBT person is not a crime - unlike countries such as Uganda, for example- and nobody can threaten with reprisals of any kind.
Our current Constitution, adopted in 1992, protects us in Article 9 OF LIBERTY AND SECURITY OF THE PEOPLE, who says as follows:
Everyone has the right to be protected in their freedom and safety. Nobody is forced to do what the law does not order nor deprived of what it does not prohibit.
It applies also expressed in Article 25 EXPRESSION OF PERSONALITY, which guarantees respect for your gender identity and your sexual orientation, among other things, the following:
Everyone has the right to free expression of his personality, creativity and the formation of their own identity and image.
These items come from our Constitution, are quite explicit and beyond dispute.
One of other arguments often cited in these cases is the figure of "disturbance of public peace" (Article 234 of the Criminal Code) which does not apply since so you can consider an action as such must be related to violence; the other article, more complex, is the 132 of the Criminal Code: "exhibitionist acts". This article, very vague, reads as follows:
"Exhibitionists who perform acts that would produce a substantial disruption or disturb in relevant way to another person, shall be punished by fine (...)"
This legal entity is often used to justify censorship constantly and prejudices. The lawyer Maria Jose Rivas said as follows in this regard:
If being embraced, kissing or holding hands is not considered illegal and is acceptable among heterosexual couples: Why the same act would be considered - the demonstration of affection - punishable for LGBT couples? The application of this double standard is a perfect example of discrimination based on sexual orientation.
With these concepts clarified and always present, remember the following: There is no law (contrary to what was said by the guard in the video, for example) that prohibits you give demonstrations of affection to your partner or any person of the same sex.
And above all, always remember this: Expressing love is not a crime.
Special thanks to: Frans Cleiton Roman and Patricio Gomez.
Photography: Emilio Martinez (http://artemilio.com/)