LGBT rights in Andorra

A law prohibiting same-sex sexual activity was abolished in 1791.[1]

The age of consent in Andorra is 14, as specified by Article 147 of the Penal Code, which reads: (1) "Whoever carries out a sexual act with a person younger than fourteen years ... shall be punished with imprisonment for between three months and three years." Paragraph 2 states that if the sexual act involves sexual penetration the punishment is three to ten years.[3]

Since 2005, same-sex couples have been able to register their partnership under the name "stable union of a couple" (unió estable de parella).[4] On 2 June 2014, following an earlier announcement,[5] the ruling Democrats for Andorra party introduced a civil union bill to the General Council.[6] The proposed bill would establish civil unions equal to marriage in everything but name as the word "marriage" was one of the biggest reasons why the Democrats for Andorra voting against the failed same-sex marriage bill in May 2014. The bill would also give same-sex couples joint adoption rights.[7][8] On 27 November 2014, the bill passed on a vote of 20 to 3 with several abstentions. On 24 December, the bill was published in the official journal, following promulgation by co-prince François Hollande as the signature of one of the two co-princes was needed. It took effect on 25 December.[9][10] Local LGBT rights groups, headed by Carles Perea, have denounced the civil union law as discriminatory and full of legal deficiencies. The groups have proposed legal action to obtain the right to marry.[11]

On 10 March 2020, three parties forming the governing coalition, the Democrats, the Liberal Party and Committed Citizens, presented the draft of a bill to legalize same-sex marriage.[12][13][14]

In Andorra, before 2014, same-sex couples were not allowed to adopt,[15][16][17] because the adoption law only recognised this possibility for heterosexual couples.[15] This was changed when the civil union law granting full adoption rights was passed in November 2014 and came into force on 25 December 2014.[9][10]

Andorra has prohibited discrimination based on sexual orientation since 2005.[18][19][20] Hate crimes committed because of the victim's sexual orientation result in additional legal penalties. In addition, in December 2008, the Constitutional Court ruled that sexual orientation is included in the prohibited grounds of discrimination in the Constitution of Andorra under the category "any other ground".[21]

Article 4 of the Law 35/2008, of 18 November, on professional relations (Catalan: Llei 35/2008, del 18 de desembre, del Codi de relacions laborals) forbids employers and workers from discrimating against employees or colleagues on account of sexual orientation, amongst other categories.[22]

Reports of public discrimination against LGBT people are extremely rare. In 2000, a young gay man, 17-year-old Nuno Ribeiro, was murdered in the country due to his sexual orientation, resulting in public outcry.[23] In addition, there are a few cases of parents expelling their children from their homes because of their sexual orientation. However, in general, Andorran society tends to be very tolerant of homosexuality and same-sex relationships, and acceptance is high.[24]

In February 2019, the General Council adopted legislation addressing equal treatment and non-discrimination. The Llei 13/2019, del 15 de febrer, per a la igualtat de tracte i la no-discriminació ("Law 13/2019, of 15 February, for equal treatment and non-discrimination"), provides protection for LGBT people, among others, in numerous areas including employment, education, health care, social services, housing, public establishments, etc. Article 4(2) states:[25]

No one may be discriminated against on the basis of birth, nationality or lack of nationality, racial origin or ethnicity, sex or female gender, religion, philosophical, political or trade union opinion, language, age, disability, sexual orientation, gender identity or expression, or any other personal or social condition or circumstance.

Currently, there exists no legal measures allowing transgender people to change their legal gender on official identification documents, such as passports, IDs or driver's licenses.

Discrimination on account of gender identity and expression in areas such as employment, the provision of goods and services, etc., is prohibited. Additionally, the Llei 14/2019, del 15 de febrer, qualificada dels drets dels infants i els adolescents ("Law 14/2019, of 15 February, on the rights of children and adolescents") establishes that transgender children must be respected in their gender identity.[26]

Men who have sex with men (MSM) can donate blood to the Banc de Sang i Teixits de Catalunya, and to the Établissement Français du Sang in France after a one-year deferral period.[4][27][28]

In 2019, LGBT group DiversAnd was formed. It was established after the association Som Com Som (meaning "We Are As We Are" in Catalan) ended its work in 2018. DiversAnd focuses on preventing and addressing bullying and discrimination in schools, advocating for transgender people's rights to change their name and gender, and same-sex marriage. It organised a pride parade in June 2019.[29]

The first LGBT demonstration in Andorra occurred on 6 September 2002. On 23 June 2003, Som Com Som organized the first gay pride parade in the country, which took place at the Plaça del Poble in Andorra la Vella.[30]

On 17 May 2019, the International Day Against Homophobia, the Department of Equality launched a short film, entitled "#lovingdiversity", and raised online awareness of LGBT issues.[31]

According to a 2013 survey by the Institut d'Estudis Andorrans, 70% of Andorrans were in favour of same-sex marriage, 19% were against and 11% were undecided or had refused to answer.[32]

• Human rights in Andorra
• LGBT rights in Europe