UPR Sexual Rights Database

National Report:
Para 67) The Ministry for Women was organized by Act No. 4675/12, which established it as the body responsible for directing, setting standards for and coordinating government policy to promote equal rights and opportunities for men and women and for encouraging full participation by women in politics, the economy, society, culture and civil life within the framework of the third national plan for 2008 to 2017 to provide equal opportunities for men and women.

Para 70) Steps have been taken to encourage women to stand as candidates for decisionmaking positions as part of the programme to improve women's capacity to participate in politics. Work is also under way to develop an agenda to further the political rights of women, to train women holding elected positions and to raise awareness among men. The legislative branch is examining a bill to amend article 32, paragraph r) of Act No. 834/96, on the Paraguayan Electoral Code in respect of the percentage of women in elected positions.

National Report:
Para 21) The adoption of a law prohibiting all forms of discrimination is a pending challenge, but by constitutional mandate (art. 46), action is being taken to remove obstacles and to address the causes of discrimination – discrimination against members of the lesbian, gay, transgender, bisexual and intersex community population is an issue being discussed by both politicians and members of the public at large.
Para 24) Progress was made in the protection of the rights of members of the lesbian, gay, bisexual, transgender, and intersex community in specific areas. Decision No. 695/16 makes it possible for transgender persons to use, in health-care matters, the names by which they wish to be known. Under decision No. 744/15, the Ministry of Justice adopted the protocol for the care of transgender persons deprived of their liberty and will set up a prison wing for such persons alone. The Public Defence Service approved a protocol, for use at all its offices, on assistance to members of the lesbian, gay, bisexual, transgender and intersex community.
Para 25) As a source of data for public policies against discrimination, the variable “lesbian, gay, bisexual, transgender and intersex” was included in complaints recorded in the police information system known as Marandú. An update to the Brasilia Regulations Regarding Access to Justice for Vulnerable People, currently being considered by the Supreme Court, considers sexual orientation and gender identity grounds for vulnerability. The Court, in accordance with article 25 of the Constitution, on the free expression of a person’s identity and image, recently authorized the transgender lawyer Kimberly Ayala to take the lawyer’s oath as she currently appears.
Para 26) To encourage public policies for the promotion and protection of the rights of members of the lesbian, gay, bisexual, transgender and intersex community, Paraguay participates in meetings of the Permanent Lesbian, Gay, Bisexual, Transgender and Intersex Commission of the Meeting of High-level Authorities on Human Rights of the Southern Common Market.

UN Compilation:
Para 12) Three Committees, the Special Rapporteur on disability and the United Nations country team were concerned about the lack of a comprehensive anti-discrimination legal framework and the persistent discrimination suffered by … lesbian, gay, bisexual, transgender and intersex persons, …
Para 14) The United Nations country team noted that, in a historic 2019 judgment, a person had been convicted of femicide in the death of a trans woman. However, discrimination on grounds of sexual orientation and gender identity or expression remained pervasive in the practice of public institutions.
Para 20) … [HR Committee] was also concerned about the reportedly high number of deaths among persons deprived of their liberty and about the vulnerable situation of women and lesbian, gay, bisexual, transgender and intersex persons, and especially transgender persons, who were deprived of their liberty.

Stakeholder Summary:
Para 12) JS9 noted that there was structural discrimination against … lesbian, gay, bisexual, transgender and intersex persons.
Para 13) JS9 stated that discrimination and violence against lesbian, bisexual, transgender and transvestite persons had increased during the coronavirus disease (COVID-19) pandemic, that no measures had been taken to eradicate discrimination based on sexual orientation, gender identity and gender expression and that many complaints had yet to be investigated.
Para 14) Several submissions noted that various municipalities and both chambers of the Congress had declared themselves “pro-life/pro-family” in 2018 and 2019. 30 Several submissions reported that in 2019, there had been attacks on lesbian, gay, bisexual, transgender and intersex activists after the municipal government of Hernandarias had issued two decisions describing a march led by such activists as contrary to “public morals”.
Para 38) Several submissions were concerned about growing hostility, stigmatisation and criminalisation against journalists and human rights defenders (HRD). … Several submissions expressed concern about … LGBTQI+ … human rights defenders.
Para 68) … JS7 noted that education of LGTBIQ population was conditioned to the denial of their identity.
Para 70) … JS9 added that church representatives provided faith-based sex education in public schools and incited discrimination on the basis of sexual orientation and gender identity.
Para 74) Two submissions reported that Act No. 5777/16 on the Comprehensive Protection of Women from All Forms of Violence established femicide as a criminal offence; however, the fact that the Act contained no reference to gender was detrimental to transgender and lesbian women and could lead to it being applied in a discriminatory way.

National Report:
Para 61) Paraguay has a national policy to prevent and combat trafficking in persons 2010-2019, and Act No. 4788/12 concerns comprehensive efforts to combat trafficking in persons. On the basis of this Act, the inter-agency round table to prevent and combat trafficking in persons was set up to serve as an advisory body to the Government and to coordinate joint action by different departments. A national plan is under preparation.

Para 62) Care for women victims of trafficking in persons is provided by the Ministry for Women (MINMUJER), via the Directorate-General to Combat Trafficking in Women, 4 referral centres and a temporary shelter for victims of trafficking in persons.

Para 63) The National Secretariat for Children and Adolescents (SNNA) presides over the coordinating body for the protection of victims of trafficking and sexual exploitation of children and adolescents and for their care. Inter alia, the temporary shelters provide psychological care together with medical care and assistance with judicial formalities addressed to the Public Defender for Children and Adolescents. The Public Prosecution Service has a unit specialized in combating trafficking in persons and the sexual exploitation of children and adolescents. Its training centre also provides a training module on trafficking in persons. The following activities are currently under way: a virtual course on trafficking in persons; preparation of a manual on criminal investigation of cases of trafficking in persons, of a procedural manual and of a guide to services for the victims of trafficking and to diagnosis of the situation of trafficking in Paraguay, in particular as regards women and girls.

Para 80) The National Commission to Prevent and Comprehensively Address Violence Affecting Children and Adolescents in Paraguay has launched the "Decent Treatment for Boys and Girls" campaign, to encourage a positive approach to upbringing that eschews mental or physical punishment to discipline children. The meetings of the intersectoral round table to combat abuse and sexual exploitation of children and adolescents were revived; this body monitors the National Plan to Prevent and Eradicate the Sexual Exploitation of Children and Adolescents 2012-2017, in which connection is organized the one-week campaign "My Voice is Your Voice - Let's Denounce Sexual Violence".

UN Compilation:
Para 7) ... Appreciating the Criminal Code provisions prohibiting the sale of children, child pornography and child commercial sexual exploitation, and Act No. 4788/12 on human trafficking ...

National Report:
Para 72) Act No. 5378/2014 amending article 229 of the Criminal Code relating to family violence, together with Act No. 1160/97 as amended by Act No. 4628/12, established a new definition of the crime of family violence which dispensed with the need for the violence to be habitual and for victim and perpetrator to be living together; they also increased the maximum penalty from three to six years imprisonment. The executive branch is considering a bill on comprehensive protection for women against all forms of violence.

Stakeholder Summary:
Para 23) AI indicated that although all recommendations to uphold the rights of women and girls and to protect them from violence were accepted, legislation to prevent and punish violence against women has yet to be passed.