Recognition of same-sex unions in Nicaragua

Nicaragua does not currently recognise same-sex marriages or civil unions.

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 25 states and Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Unregistered cohabitation or Maitri Karar–type contractual relationships
  12. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  13. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent
  14. Limited to spouses of foreign diplomatic officials.
* Not yet in effect
LGBT portal

Civil unions

Nicaragua recognises de facto unions (uniones de hecho) for cohabiting opposite-sex couples. Article 83 of the Family Code defines de facto unions as "a voluntary agreement between a man and a woman". Unions are offered the same rights as marriage, but require couples to have lived together for at least two years in a "stable and notorious manner".[1] Ramón Rodríguez, professor of criminal law and human rights at the Central American University, argues that the amendments "establishing marriage and stable de facto unions as between a man and a woman only constitute a violation of the universal principle of equality and non-discrimination".[2]

Same-sex marriage
Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Country subject to IACHR ruling
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but law not enforced

Article 72 of the Constitution of Nicaragua states that:[3]

Marriage and stable unions are protected by the State; they rest on the voluntary agreement between a man and a woman, and may be dissolved by mutual consent or by the shall of one of the parties. The law shall regulate this matter.[lower-alpha 1]

In June 2014, the Nicaraguan Congress approved a revised family code limiting marriage, de facto unions and adoption to heterosexual couples. The new code went into effect on 8 April 2015.[6] Article 53 of the Family Code describes marriages as "a voluntary union between a man and a woman".[1]

2018 Inter-American Court of Human Rights ruling

On January 9, 2018, in advisory opinion OC 24/7, the Inter-American Court of Human Rights (IACHR) ruled that countries signatory to the American Convention on Human Rights are required to allow same-sex couples to marry.[7][8] The ruling states that:[9][10]

The State must recognize and guarantee all rights derived from a family bond between persons of the same sex in accordance with the provisions of Articles 11.2 and 17.1 of the American Convention. (...) in accordance with articles 1.1, 2, 11.2, 17, and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry. (..) To ensure the protection of all the rights of families formed by same-sex couples, without discrimination with respect to those that are constituted by heterosexual couples.

Nicaragua ratified the American Convention on Human Rights on 25 September 1979 and recognized the court's jurisdiction on 12 February 1991.[11] The ruling sets binding precedent for Nicaraguan courts. LGBT advocacy groups applauded the decision. The Mexican newspaper Milenio reported that the ruling came as a "shock" to LGBT activists.[12] Ludwica Lega, head of the Nicaraguan Trans Association, said he was "happy" with the decision, but that "in the case of Nicaragua we are focused on priority issues such as improving the Health Law, to end discrimination, full access to education, and recognition of gender identity." The Government of Nicaragua never issued a formal response to the ruling, but activists and lawyers believe the country is now required to recognise same-sex marriage under its international obligations.

Public opinion

According to a Pew Research Center survey conducted between 9 November and 13 December 2013, 77% of Nicaraguans opposed same-sex marriage, 16% were in favor and 7% were undecided.[13][14]

The 2017 AmericasBarometer showed that 24.5% of Nicaraguans supported same-sex marriage.[15]

A survey published by the Nicaraguan Foundation for Economic and Social Development in January 2021 showed that 29% of Nicaraguans supported same-sex marriage.[16]

See also

Notes
  1. In Spanish: El matrimonio y la unión de hecho estable están protegidos por el Estado; descansan en el acuerdo voluntario del hombre y la mujer y podrán disolverse por el mutuo consentimiento o por la voluntad de una de las partes. La ley regulará esta materia.[4]
    In Miskito: Upla Marit taki wal bri ba ban kasak kaina sunanka brisa kuntri bui; baha ba bara sa waitna bara mairin wal wilin bara sipsa wal dakbi sakaia wal aikupia laka kaka apia kaka maya kum baman luki sa kaka.[5]
    In Mayangna: Marit lani dawak muih yalni kapat duwi yalahwa kidika Gabamint parasni yaklauwi tanitdakwa ki; kidika laih, al dawak yal karak yulbauwi wilin kalahwi kulnin aslah barangni kalalahna ki, dawak sip karak dakwi kalahnin witinna kulninna lani kat, awaskat as yaklauwi kapat yulwarang kat. La yaklauwi adika dini laihwi yamna karang.

References
  1. "Código de Familia" (PDF). www.refworld.org (in Spanish).
  2. "En Nicaragua solo se permite el matrimonio heterosexual". El Comercio (in Spanish). 22 April 2015.
  3. "Nicaragua's Constitution of 1987 with Amendments through 2005" (PDF). constituteproject.org.
  4. "Constitución Política de la República de Nicaragua" (PDF). Asamblea Nacional (in Spanish).
  5. "Kuntri Wauhkataya Tara". Asamblea Nacional. (in Miskito).
  6. "Nicaragua rechaza que parejas del mismo sexo contraigan matrimonio o adopten niños".
  7. Pretel, Enrique Andres (January 10, 2018). "Latin American human rights court urges same-sex marriage legalization". Reuters. Archived from the original on June 2, 2020. Retrieved January 12, 2018.
  8. Chinchilla, Sofía; Cambronero, Natasha (January 9, 2018). "Corte Interamericana ordena abrir la puerta al matrimonio gay en Costa Rica" (in Spanish). La Nación. Archived from the original on June 2, 2020. Retrieved June 2, 2020.
  9. "Opinión Consultiva OC-24/17 de 24 de Noviembre de 2017 Solicitada por la República de Costa Rica" (PDF) (in Spanish). Inter-American Court of Human Rights. Archived (PDF) from the original on June 2, 2020. Retrieved June 2, 2020.
  10. Contesse, Jorge (July 26, 2018). "The Inter-American Court of Human Rights' Advisory Opinion on Gender Identity and Same-Sex Marriage". American Society of International Law. Archived from the original on June 5, 2020. Retrieved June 5, 2020.
  11. "Annual Report of the IACHR 2001 - Annex III". cidh.org (in Spanish).
  12. "Nicaragua, sin leyes que reconozcan comunidad LGBTI". Milenio (in Spanish). 10 January 2018.
  13. "Social Attitudes on Moral Issues in Latin America". Pew Research Center. 13 November 2014.
  14. "Appendix A: Methodology". Pew Research Center. 13 November 2014.
  15. "CULTURA POLÍTICA DE LA DEMOCRACIA EN LA REPÚBLICA DOMINICANA Y EN LAS AMÉRICAS, 2016/17" (PDF).
  16. (in Spanish) Cultura Política de la Democracia en la República Dominicana y en las Américas, 2016/17
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