3.5. LGBTIQ+

There is no constitutional protection against discrimination on the basis of sexual orientation, gender identity, or gender expression,718 nor laws that guarantee the fundamental rights of LGBTI persons.719 There are no national laws that protect against discrimination based on sexual orientation or gender identity720 or a hate crime law specifically protecting LGBTIQ+ individuals.721 Venezuelan legislation provides some partial protections against discrimination via laws on protection of employment (based on sexual orientation - 2012), protection in housing (based on sexual orientation and gender identity - 2011), and against incitement to hatred based on sexual orientation, gender identity, and gender expression (2017).722 With the introduction of the anti‑NGO law in 2024, LGBTIQ+ organisations are among the civil‑society groups that have faced severe restrictions on their activities.723

Consensual same-sex sexual acts are not criminalised.724 Military penal code’s criminalisation of homosexuality was abolished in 2023.725 In its 2025 report on sexual minorities in Venezuela, Belgium's Commissioner General for Refugees and Stateless Persons (CGRS) observed that '[h]omosexual acts are not punishable and the sources consulted make no mention of judicial and/or police prosecution of sexual minorities or transgender persons solely on the basis of their sexual orientation and/or gender identity'.726

Recent public‑opinion surveys indicated a 'moderate level of acceptance' of LGBTIQ+ rights in certain areas.727 However, almost no openly LGBTIQ+ individuals hold senior political or government positions.728 Furthermore, Amnesty International reported that, during 2025, state authorities used sexist and anti‑LGBTIQ+ rhetoric in the media to discredit members and supporters of the opposition.729

However, the IACHR described the situation of LGBTIQ+ persons in Venezuela during 2025 as characterised by ongoing violations of their rights and continued efforts to obtain recognition,730 including the absence of legal recognition of same‑sex partnerships and legal gender‑identity changes.731 Similarly, BTI reported that the LGBTIQ+ community faced 'violence, social and labour exclusion' and restrictions on rights.732 The UNFFMV indicated that there have been cases of LGBTIQ+ persons who were prevented from accessing healthcare or medicines, or detained, due to their perceived or real political affiliation.733 The same source explained that

'LGBT individuals, opponents or perceived as such, have been subjected to searches and "detentions" for several hours in public spaces by security agents without apparent cause. This included the inspection of mobile phones for political or personal information, threats of sexual violence, and harassment based on their actual or perceived sexual orientation, gender identity, or gender expression. When these individuals were detained during post‑electoral demonstrations, at least ten documented cases involved mistreatment and verbal abuse with homophobic and transphobic connotations'.734

The state has not published official statistics on violence or discrimination based on prejudice, and only limited information is available from civil society.735 The UNFFMV indicated that LGBTIQ+ individuals face additional barriers that prevent them from filing complaints, and that they adopt self‑censorship to avoid ridicule or revictimisation.736 During 2024 the Venezuelan NGO OVV LGBTIQ+ recorded 40 cases of discrimination affecting 65 LGBTIQ+ persons.737 It also documented 100 assaults, including 31 instances of humiliation, 21 cases of denial of access to a location, 8 threats, 6 assaults, 4 cases of sexual harassment, and 2 murders.738 The same source indicated that, in early 2025, Operation Tun Tun expanded this repression, applying political and moral criminalisation to LGBTIQ+ individuals and adding measures such as arbitrary passport cancellations, which affected at least 20 human‑rights defenders.739 The same source reported the death in custody of two LGBTIQ+ individuals linked to state actors, alongside reports of torture, sexual‑violence threats, and degrading treatment in facilities such as El Helicoide.740 OHCHR reported that LGBTIQ+ persons who are, or are perceived as, political opponents were among those affected by a pattern of sexual and gender‑based violence in places of deprivation of liberty.741

Venezuela does not permit citizens to change their gender identity on identification documents.742 Article 146 of the Civil Registry Law technically permits name changes based on gender but requests are denied by the Civil Registry. Some cases have been successful, following a 2017 TSJ ruling that permits changes in some cases; however, there is no generally available mechanism to do so.743 USDOS reported in 2024 that healthcare services for transgender people such as hormone therapy and psychological assistance were not widely available.744 The same source indicated that '[a]s identity documents were required for access to education, employment, housing, health care, and other services, these discriminatory actions often led transgender and intersex persons to become victims of human trafficking'.745 The Venezuela Observatory of LGBTIQ+ Violence stated that 'discrimination in the workplace is a constant reality, since many trans people must accept informal or poorly paid jobs due to a lack of opportunities, contributing to a cycle of poverty that limits access to basic resources and a dignified life'.746 According to the Trans Murder Monitoring project, between 2023-2025, there were 7 murders of transgender people in Venezuela.747 ILGA reported that, between 2008 and 2025, there were 140 murders of trans people documented by that organisation.748