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.”
The main sections of the report highlighted on this website are:
- UNDERSTANDING AND DEFINING VIOLENCE
- VIOLENCE BASED ON PREJUDICE
- Laws that Criminalize Impact of the Legislation
- Forms and Contexts of Violence
- The Report
Also you can access to the following pages for more information:
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”.tweet this
“A two-spirit Native American may feel too restricted by the categories “lesbian” or “gay” because of their “personhood, spirituality, and specific, complex identities.”tweet this
“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”tweet this
“In my case as Muxe, in the acronym LGBTI I have no place in terms of representation.”tweet this
The Two-Spirits persons “recognizes gender as a continuum and includes diverse identities, sexual orientations and social roles”tweet this
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:
To understand more about sexual orientation, gender identities, expressions and bodily diversityRead 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.
"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.
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
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. :
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.
Forms and contexts of violence against LGBTI persons
This report does not address other forms of violence that LGBTI persons face, as verbal violence and physiological abuse.In Depth
Read the Recommendations to StatesGeneral Recommendations Read them all on the report
Recommendations aimed at the Executive Branch Read them all on the report
Recommendations aimed at the Legislative Branch Read them all on the report
Recommendations regarding Access to Justice Read them all on the report
Specific Recommendations Read them all on the report
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