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Inter-American Juridical Committee - May 2014

Inter-American Juridical Committee adopts report on "Sexual Orientation, Gender Identity, and Gender Expression"

On March 13, 2014, during its 84th regular session, the Inter-American Juridical Committee adopted the report entitled "Sexual Orientation, Gender Identity, and Gender Expression," document CJI/doc.447/14.

This report arose out of an OAS General Assembly mandate requesting the preparation of studies "on the legal implications and conceptual and terminological developments as regards sexual orientation, gender identity, and gender expression" through resolution AG/RES. 2653 (XLI-O/11); a mandate that was reiterated in June 2012.

As the resolution adopted by the Committee, document CJI/RES. 207 (LXXXIV-O/14) shows, the majority of its members discerned progress in the national legislations of the member states. They also took note of the status of jurisprudence of the Inter-American Court of Human Rights and addressed inter-American and international instruments that nowadays cite "sexual orientation" as a specific cause of discrimination.

The text adopted supplements a preliminary report prepared in August 2013, document CJI/doc.417/12 rev. 2, which addresses issues relating to sexual orientation, gender identity, and gender expression, and their juridical implications. The Committee's compilation reflects information sent by Argentina, Bolivia, Costa Rica, Ecuador, El Salvador, Paraguay and Peru regarding the status of their domestic legislation on the subject, including jurisprudence.

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