18 mar 2023 11:59 am
The paragraph of Venezuela’s military code that provided prison sentences for homosexuality in the Venezuelan armed forces is now suspended. The Supreme Court considers the phrase “sexual acts contrary to nature” to be too unclear.
The Caracas Supreme Court (TSJ) on March 16 overruled a provision in Venezuela’s military code that punished homosexual relations within the local armed forces with prison terms ranging from one to three years. In the relevant notice gave The TSJ announced that this decision was taken following a request by Ombudsman Alfredo Ruiz Angulo in violation of Article 565 of the Military Code. The matter had been dealt with in the Constitutional Chamber of the TSJ.
The reasoning of the court was that the phrase “sexual acts against nature” lacked clarity and precision. The clause in no way defines what is meant by such acts. This lack of precision contradicts the constitutional principles, according to which the offenses should be described clearly and precisely.
The TSJ also rejected the controversial formulation if the so-called sexual acts against nature were to be understood as meaning acts whose purpose was not procreation. Because even then, in the light of current scientific, social and legal views, the clause would not be compatible with the constitution of the South American country or with international instruments. Furthermore, such an interpretation would violate human rights.
The statement specifically emphasized that the court ruled in favor of the invalidity of the article in question without making any further decisions on the matter. Therefore, the decision should not be taken out of context.
more on the subject – Pope Francis: Homosexuality is not a crime, but it is a sin
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