IACHR: States Must Ensure Human Rights for Trans and Gender-Diverse People on the International Trans Day of Remembrance

November 25, 2024

Washington, D.C. – In commemoration of the International Trans Day of Remembrance, the Inter-American Commission on Human Rights (IACHR) calls on States in the region to adopt urgent measures to protect the lives and physical integrity of trans and gender-diverse people. The IACHR stresses the need for rigorous investigations in line with Inter-American standards of due diligence and with a gender-based approach, as well as for the implementation of public policies to prevent prejudice-based violence against these persons.

Bias-motivated violence against trans people, particularly women and Afro-descendants, often arises from a desire to "punish" identities that challenge traditional gender norms. This group is especially vulnerable due to factors such as social stigma, lack of full recognition of their identities, and structural discrimination. Impunity is widespread, as few perpetrators face justice due to States' lack of effective action. This failure to fulfill international obligations exacerbates the vulnerability of trans and gender-diverse people, perpetuating exclusion and violence.

The Inter-American Commission reminds States of their duty to investigate violence against trans and gender-diverse people, taking into account a gender perspective, within the framework of the principle of due diligence. This duty includes recognizing the variety of experiences and realities that they face, including different factors such as ethno-racial origin, social class, age, sexual orientation and any other discriminatory factor that may expose them to situations of greater vulnerability.

Therefore, the IACHR calls for ensuring that judicial investigations respond effectively to the principles of due diligence enshrined in inter-American standards and avoid the impunity that often surrounds these crimes. These measures must ensure that judicial authorities implement appropriate actions, such as developing protocols to prevent discrimination in investigations and judicial procedures, providing continuous training for public personnel, and respecting gender identity at all stages of the process.

Finally, the Commission urges States to develop public policies that combat the inequalities that maintain the social exclusion of trans and gender-diverse people, focusing on breaking the cycle of discrimination and violence linked to limited access to their economic, social, cultural and environmental rights (ESCE), as well as access to the human right to health, which must be guaranteed free of discrimination and addressing the specific needs of trans persons.

The IACHR reaffirms its commitment to cooperate with States and civil society in the promotion and protection of all human rights of trans, non-binary and gender-diverse persons.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate is derived from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is responsible for promoting human rights observance in the region and serves as an advisory body to the OAS in this area. The IACHR comprises seven independent members, elected by the OAS General Assembly in their personal capacity, not representing their countries of origin or residence.

No. 291/24

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