Inter-American Commission on Human Rights
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July – December 2022
About Comissioner Roberta Clarke,
Rapporteur on the Rights of LGBTI Persons
Snapshot of the situation of the rights of LGBTI persons in the region


5 Jul | 🇦🇬 Antigua and Barbuda: ruling in the case of Orden David and others v. the Attorney General of Antigua and Barbuda, that found that sections of the colonial-era Sexual Offences Act of Antigua and Barbuda -which punished adult consensual same-sex activity- contravene the Constitution. More info.

28 Aug | 🇨🇦 Canada: Canada launched its first Federal 2SLGBTQI+ Action Plan, a whole-of-government approach to achieve a future with more social inclusion for 2SLGBTQI+ persons. More info.

29 Aug | 🇰🇳 Saint Kitts and Nevis: Saint Kitts and Nevis: The High Court of Justice of the Eastern Caribbean Supreme Court held in the case Jamal Jeffers and St. Kitts & Nevis Alliance for Equality Inc. v. The Attorney General of St. Christopher and Nevis, that the offense known as ‘sodomy,' contained in Section 56 of the Offences Against the Person Act, violates the rights to privacy and freedom of expression, and, as such, is null and void and of no force and effect to the extent that it criminalizes any acts constituting consensual sexual conduct in private between adults. More info.

03 Sep | 🇵🇪 Peru: The National Office of Electoral Processes (ONPE) updated the protocol to promote measures to guarantee the exercise of free and secret voting by trans and non-binary citizens on Election Day. More info.

16 Sep | 🇨🇺 Cuba: A new Family Code was approved which recognizes same-sex marriage and the possibility of adoption. More info.

16 Sep | 🇸🇻 El Salvador: A court in El Salvador ruled in favor of Karla Guevara, lawyer and human rights activist who filed a lawsuit to have her gender identity recognized. More info.

03 Oct | 🇧🇷 Brazil: Two trans women were elected to public office. More info.

10 Oct | 🇻🇪 Venezuela: Activists created the "Venezuelan Observatory of LGBTIQ+ Violence" in response to violence against this group and to gather information about the discrimination they experience. More info.

14 Oct | 🇨🇱 Chile: Shane Cienfuegos became the first non-binary person to receive a gender-neutral identity document in Chile following a judicial decision. More info.

26 Oct | 🇲🇽 Mexico: Tamaulipas legalized marriage equality, becoming the last of Mexico’s states to guarantee that right. More info.

28 Oct | 🇦🇷 Argentina: Government of Buenos Aires announced that enrollment forms in the educative system will recognize gender identity of trans and non-binary students. More info.

13 Dec | 🇺🇸 United States: President Biden signs bill to protect marriage equality. The legislation, passed by a bipartisan coalition in Congress, prohibits states from denying the validity of marriages celebrated out-of-state based on sex, race, ethnicity or national origin. More info.


Continued stigmatizing narratives against LGBTI persons  

The IACHR continues to warn the States about narratives that incite hatred, legitimize discrimination, or even incite prejudice-based violence against LGBTI persons, including human rights defenders and LGBTI artists. Safe spaces, such as bars, and other social venues, have continued to receive attacks.  States must apply standards of due diligence to prevent, investigate, prosecute, punish, and provide reparation in cases of prejudice-based violence against LGBTI persons.  States must adopt preventive and educational measures to address and combat hate speech against LGBTI persons. When States do not take these measures, they send a message to society that violence against LGBTI persons is condoned and tolerated, thereby contributing to an environment of hostility and prejudice. 

Violence against trans sex workers  

IACHR calls on States to effectively protect the lives of sex workers. Trans women, in particular, are vulnerable to being victims of murders. Crimes against sex workers are often left in impunity. States must take measures to prevent violence against sex workers. States must also raise awareness with a gender perspective among all State officials, including the police forces, in order to build confidence in their interactions with State representatives. These awareness-raising measures should also be included in training programs for State personnel responsible for medical and social care, so that women who engage in sex work can access their economic and social rights, as well as report acts of violence and situations of labor exploitation, slavery, or trafficking in persons for sexual exploitation. 


Public Hearings

Situation of the Right to Gender Identity and the Recognition of Same Sex Family Links in Bolivia – 184 Period of Sessions | October 27, 2022. Watch the full hearing.  

The impacts of criminalization laws that continue to affect LGBTI personsin the region (Ex Officio) – 184 Period of Sessions | October 28, 2022. Watch the full hearing


147/22: Joint Message from UN Human Rights in the Americas and IACHR on LGBTIQ+ Pride Day | June 28, 2022. Read more.

162/22: IACHR celebrates Court ruling on colonial-era laws that criminalized consensual sexual activity of LGBTI persons in Antigua and Barbuda | July 15, 2022. Read more.

198/22: IACHR welcomes decision declaring criminalization of LGBTI consensual sexual activity unconstitutional in Saint Kitts and Nevis | September 6, 2022. Read more.

233/22: Visit to Peru: IACHR Notes Risks for Democracy, Calls on Institutions to Exercise Their Mandates in Compliance with Legality and Due Process | October 19, 2022. Read more.

Campaign on Intersex Awareness Day | October 26, 2022. Read more.

Campaign on Trans Day of Remembrance | November 30, 2022. Read more.

IACHR condemns the mass shooting at an LGBTQ club in Colorado | November 20, 2022. Read more.

The Office of the Rapporteur participated in several meetings with civil society organizations and human rights defenders. If you would like to request a meeting or training session with us, send an e-mail to: [email protected]

Public Engagements
and Promotional Activities

10 Aug: Panel on hate speech and the criminalization of LGBTI people in the Americas - IV Jornadas Australes de Derecho Internacional de los Derechos Humanos (IV Australes Conference on International Human Rights Law).

14–15 Aug: Training with Central American Human Rights defenders and public officials on the mechanisms of the Inter-American Human Rights System in San José, Costa Rica.

8 Sep: Training on Inter-American standards, part of the “Fix Zamudio” diploma in Mexico City.

8–9 Sep: Participation in Equal Rights Coalition Global Conference in Buenos Aires.

12–13 Sep: 🇱🇨 Promotional visit to Saint Lucia, meetings with civil society and public event.

16 Sep: Keynote address "The Caribbean Regional Dialogue on LGBTQI+ data" in Bridgetown, Barbados. 

26 Sep: Meeting with trans activists in Brazil, part of the promotional visit conducted by the Rapporteurship on the rights of persons of African Descent and against Racial Discrimination. 

30 Sep: Participation in public event “Gender and Corruption in Latin America” - Presentation of the 2022 Regional Report by Poder Ciudadano.

8 Nov: Training at the IACHR 11th annual seminar for Caricom countries at George Washington University law school.

15 Nov: Message addressed at the OAS Permanent Council “Good practices of inclusion and rights recognition of LGBTI persons in the Americas”.

16 Nov: Promotional event: IV Plenary meeting of the Specialized Network on Gender of the Ibero-American Association of Public Ministries.

The information presented in this newsletter corresponds to the period from July 1st to December 13th, 2022.

The Rapporteurship will continue to monitor the human rights situation of LGBTI persons in the region.
Contact us at: [email protected]
Follow the IACHR on social networks.
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1889 F Street NW
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