The reform was introduced by the addition to Article 321, whereby sanctions are taken against people who publicly, through the media, inciting racial discrimination either or sexual orientation and gender identity.
On February 21, 2013 becomes a historic day for the LGBT community in Honduras, after long years of struggle process where organizations like LGTB Rainbow Association, Kukulcan, Colectivo Violeta, Pink Unit Collective, Community Gay Sanpedrana, Cepress, Oprouce, Catrachas have driven this reform to the Penal Code did not recognize the discrimination against sexual orientation and gender identity.
This compendium is achieved reforms stipulate that hate crimes Sexual Orientation and Gender Identity will be treated as an aggravating motivation, as well as inviting the media to not incite more comunicasion hatred or discrimination because there are also penalties and sanctions.
This process started since 2010 when it developed the Alternative Report to the UPR (Universal Periodic Review of Human Rights). And after the diagnosis of hate crimes in Honduras from 2005 to August 2009, the latter performed by Rainbow.
Thus, of the 128 recommendations issued by the UPR Geneva are 8 tips that make it to Honduras on the LGBT community and one of them suggested to promote a legislative framework protecting the human rights of the LGBT community. Since then establishing meetings between organizations to work with accompanying reforms UNAIDS and the secretary of justice and human rights, which he presented to the National Congress of the Republic.
3 years later an arduous task nuencias the State where they have requested, including IACHR hearings to denounce the policy of extermination that has the Honduran state to us and us is that we achieved this first step.
Article 321-A says that “Whoever publicly or through broadcast media or to the public incites discrimination, hatred, contempt, persecution or any form of violence or attacks against an individual, group or association, foundations, corporations, NGOs, for any of the reasons listed in the previous article shall be liable to a penalty of three (3) to five (5) years imprisonment and a fine of fifty thousand lempiras (L 50,000.00) to three hundred thousand lempiras (L 300,000.00) “.
This penalty is without prejudice to the administrative measures which have occurred against the media applied by state regulators.
The same penalty shall apply if the guilty do “on the occasion of his business, commercial, or business, or a particular provision of a public service”.
(Spanish to English translation)
Source – ILGA