Violence against Lesbians, Gays, Bisexuals, Trans and Intersex persons (LGBTI) in the Americas

IACHR Thematic Report

Diversity of orientations, identities and bodies

Understand the key concepts related to LGBTI persons

Read the Basic Concepts

Taken by Beatriz Travieso Pérez, Concurso Mujeres en Igualdad “Género y diversidad sexual”

Taken by Beatriz Travieso Pérez, Concurso Mujeres en Igualdad “Género y diversidad sexual

Medical Violence against Intersex Persons

The generalized human rights violations carried out against intersex persons because their bodies do not physically conform to the medically and culturally defined standards for “female” and “male” bodies are invisibilized.

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Photo credit: Zak Milofsky

Crimes against LGBT persons: high levels of violence and cruelty

Taken by Candela Reinares, Concurso Mujeres en Igualdad “Género y diversidad sexual”

Taken by Candela Reinares, Concurso Mujeres en Igualdad “Género y diversidad sexual”

IACHR Publishes Thematic Report :
"Violence against LGBTI Persons in the Americas"

This report addresses the violence, which in different contexts, is perpetuated against LGBTI persons, or those perceived as such, in the Americas and provide recommendations to OAS State members to comply with their obligations to respect and guarantee human rights.

OAS Member States have to adopt measures to prevent, investigate, punish and repair crimes and acts of violence against LGBTI persons, or those perceived as such, with due diligence.

The IACHR uses the concept of violence based on prejudice to understand the violence against persons who defy traditional gender norms, of the binary men/women, and which bodies differ from those of the standard of “female” and “male” body.

The Commission also embraces each person’s self-identification as a guiding principle. Thus, it is possible that some persons who are the focus of the Rapporteurship’s work may not identify themselves as belonging to the categories implied by the acronym “LGBTI.”

Moreover, the acronym LGBTI “could invisibilize” sexual and gender identities that are specific for different cultures, giving the wrong impression that those identities were originated “recently in the West”.

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Global Rights: Partners for Justice, Demanding Credibility and Sustaining Activism: A Guide to Sexuality-Based Advocacy

“A two-spirit Native American may feel too restricted by the categories “lesbian” or “gay” because of their “personhood, spirituality, and specific, complex identities.”

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National Association of Friendship Centres, Supporting two-spirited peoples: Discussion paper

“For Mauro Cabral, Co-Director of Global Action for Trans* Equality (GATE), the inclusion of intersex in the sexual diversity advocacy has caused the frequent invisibility of the situation of intersex persons and the exclusion of activists in the representation process”

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“In my case as Muxe, in the acronym LGBTI I have no place in terms of representation.”

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Amaranta Gomez Regalado, IACHR 147 Period of Sessions

The Two-Spirits persons “recognizes gender as a continuum and includes diverse identities, sexual orientations and social roles”

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National Association of Friendship Centers, Supporting two-spirited peoples: Discussion paper. (Ottawa, 2008).

Understanding the nature of the violence against LGBTI persons

The international human rights bodies have not even reach yet a comprehensive definition of violence based on prejudice in relation with sexual orientation, gender identity or bodily diversity.

These are the main elements and characteristics of violence against LGBTI:

Punish

Many manifestations of this violence are based on the desire of the perpetrator to "punish" those identities, behaviors or bodies that differ from the general norms and traditional gender roles, or are contrary to the male/female binary.

Gay/Trans Panic Defense

Sometimes violence against men and women occur in reaction to what were perceived to be sexual advances by someone of the same sex. In some instances, judges have mitigated sentences on the grounds that the insinuations of this nature allegedly caused disgust, which in turn led to violence.

Social Cleansing

The ill-treatment of LGBT persons is believed to have been used to make sex workers leave certain areas, in so-called “social cleansing” campaigns, or to discourage LGBT persons from meeting in certain places, including clubs and bars.

Perception

UN High Commissioner for Human Rights has indicated that, in many cases, even the “perception” of being gay or trans puts people at risk.UN High Commissioner for Human Rights, Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, 17 November 2011, para. 1.

To understand more about sexual orientation, gender identities, expressions and bodily diversity

Read the basic concepts

Violence based on prejudice

Violence is a social phenomenon and not just and isolated or individual fact.

Crimes based on prejudice are rationalizations or justifications of negative reactions, for example, negative reactions to non-normative expressions of sexual orientation or gender identity.Gómez, María Mercedez. Chapter 2: Prejudice-based Violence, in Motta, Cristina and Sáez, Macarena (eds.), Justice´s Gaze: A Casebook on Diverse Sexualities and Jurisprudence in Latin America. Vol. 2, Bogotá, Colombia: Siglo del Hombre Editores, Red Alas, 2008, p. 99.

Such violence:

  • It is addressed towards specific social groups, such as LGBTI persons
  • Requires a context and social complicity
  • It has a symbolic impact

Desire to punish

Many forms of this violence is based on the desire of the perpetrator to “punish” those identities, behaviors or bodies.

Adoption of integral measures

In this report, the IACHR urges OAS Member States to adopt comprehensive measures to combat societal and cultural discrimination, prejudice, and stereotypes against LGBTI persons.

"Violence based on prejudice is expressive by definition; it sends out a message of terror that extends to those persons, beyond the individual victim, who are identified with the characteristics that gave rise to the attack, whether these are real or perceived.".

Gómez, María Mercedez. Chapter 2: Prejudice-based Violence, in Motta, Cristina and Sáez, Macarena (eds.), Justice´s Gaze: A Casebook on Diverse Sexualities and Jurisprudence in Latin America. Vol. 2, Bogotá, Colombia: Siglo del Hombre Editores, Red Alas, 2008, p. 185.

Photo credit: Ludovic Bertron

De izquiera a aderecha, peticionarias/o de la audiencia: KizzyAnn Abraham, GrenChap; Malaika Brooks-Smith-Lowe, Groundation Grenada; Richie Maitland, Groundation Grenada

Photo Credit: Daniel Cima. 156 Period of Sessions, Grenada hearing: Criminalization of Same-Sex Relations

 Colin Robinson, CAISO. Public Hearing: Trinidad and Tobago, Improper Use of Criminal Law to Criminalize Human Rights Defenders - 153 Period of Sessions

Photo Credit: Daniel Cima. Colin Robinson, CAISO. Public Hearing: Trinidad and Tobago, Improper Use of Criminal Law to Criminalize Human Rights Defenders - 153 Period of Sessions

Dos Women de la mano en Chile

Photo Credit: Francisca Pastene Lawrence - Chile. Concurso Mujeres en Igualdad “Género y diversidad sexual”

Peticionario de la audiencia: Richie Maitland, Groundation Grenada

Photo Credit: Daniel Cima. 156 Period of Sessions, Grenada hearing: Criminalization of Same-Sex Relations

De izquierda a derecha solicitantes de la Audiencia: Desiree Edghill; Anette Yaundoo; Karen de Souza; Daria Nicholson; Zenita Nicholson

Photo Credit: Oliver Contreras/Eddie Arrossi Photography. Hearing: Reports of Discrimination and Violence against Children in Guyana Based on Sexual Orientation and Gender Identity – IACHR 149 Period of Sessions, October 28, 2013.

Hablando en el micrófono, Caleb Orozco (UNIBAM)

Caleb Orozco (UNIBAM) - 150 Period of Sessions of the IACHR - 28 de marzo de 2014. Photo Credit: Daniel Cima.

Hablando en el micrófono, peticionario Jaevion Nelson (JFLAG)

Jaevion Nelson (JFLAG) -153 Period of Sessions of the IACHR - 28 de octubre de 2014. Photo Credit: Daniel Cima.

Laws that criminalize LGBT persons

OAS Member States maintain laws criminalizing private, consensual, adult sexual activity, and laws that discriminate based on sexual orientation and gender identity.

This type of legislation contributes to an environment that, at best, does not condemn, and at worst condones discrimination, stigmatization, and violence against LGBT persons.

The most common arguments against the repeal of these laws are linked to religious opposition, particularly from evangelical churches, as well as cultural and societal opposition.
Read The Report

“Sodomy” laws

While all countries in Latin America have decriminalized sex between consenting adults of the same sex, eleven OAS Member States maintain laws criminalizing private and consensual sexual activity..

“Serious Indecency” and “Gross Indecency” Laws

There is also vagueness as to what, in the eyes of the court, constitutes “gross” or “serious” indecency. As laws against indecency vary in specificity and scope, in many cases they discriminate LGBT persons, whether by their intent or through their impact.

Criminalization of non-normative gender identities and expressions

Guyana has legislation criminalizing cross-dressing, or dressing with the clothes socially attributed to another gender. This provision reinforces gender stereotypes and constitutes discrimination on the grounds of gender identity and expression.

Laws that seek to protect “public morals” and “good manners”

The rules on public morals can grant the police and judges discretionary power which, combined with prejudices and discriminatory attitudes, can lead to abuse against this group.UN Committee Against Torture, Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention Conclusions And Recommendations Of The Committee Against Torture,Costa Rica, Cat/C/Cri/Co/2, 7 July 2008, Para 11.

IMPACT OF LAWS THAT CRIMINALIZE LGBT PERSONS ON VIOLENCE

Even when laws against same-sex acts are largely unenforced, “research in other national contexts has shown that unenforced laws can have pervasive effects in the society”Christopher Carrico, “Collateral Damage: The Impact of Laws Affecting LGBT Persons in Guyana,” The Univeristy of The West Indies Cave Hill Campus Faculty of Law, March 2012, p. 3. :

  • “Buggery” Laws are used as a mechanism for “social control and domination” that enables states to legitimize and contribute to the stigma of LGBT persons as “immoral” individuals.”IACHR, earing on Punitive Measures and Discrimination on the Basis of Sexual Identity in Caribbean Countries, 140º Period of Sessions of the IACHR, October 26, 2010.
  • As a consequence of the exclusion from the protection of the justice system, LGBT persons are far more likely to stay in abusive relationships without seeking police protection, they feel that they cannot come forward to report domestic violence that is occurring in their relationships, because the relationships themselves are considered criminal..
  • These laws and the rampant homophobia puts women who do have sex with women, or women who do not conform to a more feminine gender identity, at risk..
  • Trans and gender non-conforming persons also experience violence and discrimination, given their visibility.
  • Many victims do not report crimes out of fear of prosecution.

A study carried out by UNAIDS in the Caribbean found:United Nations Programme on HIV/AIDS (UNAIDS), CARIMIS, “The Caribbean Men’s Internet Survey,” 2014, p. 50. Among men from other non-independent territories in the Caribbean, men from the following OAS Member States were recruited: Antigua and Barbuda, Bahamas, Barbados, Belize, Cuba, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, and Trinidad and Tobago.

were physically attacked in the last five years
received verbal insults within one month
received uncomfortable glances or were intimidated

Photo credit: Maria Fernanda Gonzalez, Panamá - Concurso Mujeres en Igualdad “Género y diversidad sexual”

Forms and contexts of violence against LGBTI persons

This report focuses on physical violence against LGBTI persons, namely killings nd serious non-lethal attacks such as rape and mob attacks .

This report does not address other forms of violence that LGBTI persons face, as verbal violence and physiological abuse.

In Depth

General trends in the findings of the IACHR

  • Underreporting and lack of official data
  • Pervasiveness of violence
  • Invisibility of everyday violence
  • High levels of cruelty
  • Invisibility of violence against certain groups: trans men, bisexual and intersex persons
  • Violence in response to public displays of same-sex affection

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Violations of the Right to Life

Lesbian, gay, bisexual and trans persons are “especially vulnerable” to extrajudicial executions.

Several killings of LGBT persons are not found in police records, and when exceptionally they are, they end in impunity.

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Violations of the Right to Personal Integrity

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Provision of Health Services

Mistreatment, harassment, and even physical violence are part of the experience of LGBT persons seeking medical attention.

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Attempts to “change” sexual orientation and gender identity

LGBT adolescents and young adults are subject to “therapies” that aims at attempting to modify their sexual orientation or gender identity.

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Hate Speech and Incitement to Violence

Violence against LGBTI persons in the region is fueled by the dissemination of “hate speech” targeted at this community in different contexts, including through public debate, manifestations against events organized by LGBTI persons, such as pride parades, the media and the internet.

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Intersection with other groups

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Photo credit: Mario Ramos Mogollón, Perú - Concurso Mujeres en Igualdad “Género y diversidad sexual”

The Report

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IACHR Report: Violence against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas

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