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Nicaragua LGBT Laws

Age of Consent Legislation/Cases/References
1. National

On 08 July 2008, the Penal Code, Law No. 641 approved by the National Assembly on 13 November 2007, entered into force and provides –

Chapter II Crimes against sexual freedom and integrity

Art 172. Sexual Abuse

To perform lewd acts or lubricate touching another person without their consent, or forced to perform it, using force, intimidation or any other medium deprived of will, reason or sense, or taking advantage of their inability to resist state without reaching the sexual or other conduct under the crime of rape shall be punished with imprisonment from five to seven years.

When the offense under any of the circumstances of the aggravated rape, the penalty would be seven to twelve years imprisonment. Whether two or more of these circumstances or the victim is a child, child or adolescent shall be imposed the maximum sentence. Not recognized in any of the cases, the value of the consent when the victim is under fourteen years of age, or person with disabilities or mental illness.

R1.1 Código Penal: Ley No. 641, Codigo Penal 09 MAY 08
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
1. National

On 08 April 2015, the Family Code agreed to in June 2014, came into effect establishing that marriage as only being “between a man and a woman” precluding same-sex marriage, access to fertility treatment, social security protection and inheritance, and also adoption as it stipulates that only man-woman couples can adopt [R1.1].

R1.1 RawStory: Nicaragua rejects same-sex marriage, adoption
Discrimination Legislation/Cases/References
1. National

On 08 July 2008, the Penal Code, Law No. 641 approved by the National Assembly on 13 November 2007, entered into force and provides –

Art 315. Discrimination, slavery, exploitation

Those who discriminate in employment on grounds of birth, nationality, political affiliation, race, ethnicity, sexual orientation, gender, religion, opinion, position, disability, physical condition, or any other status, shall be punished with imprisonment of six months to one year and ninety one hundred fifty days fine.

In December 2008, Nicaragua was among 66 countries that signed the joint UN statement for LGBT human rights [R1.2].

R1.1 Código Penal: Ley No. 641, Codigo Penal 09 MAY 08
R1.2 PinkNews.co.uk: 66 Countries Back UN Statement on Rights of Sexual Minorities 19 DEC 08
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1. National

On 08 April 2015, the Family Code agreed to in June 2014, came into effect establishing that marriage as only being “between a man and a woman” precluding same-sex marriage, access to fertility treatment, social security protection and inheritance, and also adoption as it stipulates that only man-woman couples can adopt [R1.1].

R1.1 RawStory: Nicaragua rejects same-sex marriage, adoption
Hate Crimes Legislation/Cases/References
1. National

On 08 July 2008, the Penal Code, Law No. 641 approved by the National Assembly on 13 November 2007, entered into force and provides –

Chapter IV Circumstances aggravating the criminal liability

Art 36. Aggravating circumstances

Aggravating circumstances are:

5. Discrimination. When the crime is committed on racial, or other kinds of discrimination on the grounds of ideology or political choice, religion or belief of the victim, ethnicity, race or nation to which he belongs, gender or sexual orientation, disability or illness or suffering [R1.1].

R1.1 Código Penal: Ley No. 641, Codigo Penal 09 MAY 08
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1. National

As from March 2008, sodomy was decriminalised in Nicaragua. The prohibition in former Article 204 was repealed as of the new penal code, law no. 641, published in the State Gazette No 232 of 03 December 2007 [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, 13 MAY 09
Marriage Legislation/Cases/References
1. National

On 08 April 2015, the Family Code (Law 870) agreed to in June 2014, came into effect establishing that marriage as only being “between a man and a woman” precluding same-sex marriage, access to fertility treatment, social security protection and inheritance, and also adoption as it stipulates that only man-woman couples can adopt [R1.1].

R1.1 RawStory: Nicaragua rejects same-sex marriage, adoption 09 APR 15
Parenting, Adoption, Fostering Legislation/Cases/References
1. National

On 08 April 2015, the Family Code agreed to in June 2014, came into effect establishing that marriage as only being “between a man and a woman” precluding same-sex marriage, access to fertility treatment, social security protection and inheritance, and also adoption as it stipulates that only man-woman couples can adopt [R1.1].

R1.1 RawStory: Nicaragua rejects same-sex marriage, adoption
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