March 31, 2022 – International Trans Visibility Day
About ComissionerRoberta Clarke, Rapporteur on the Rights of LGBTI Persons
Situation of human rights of LGBTI people in Honduras – 183 Period of Sessions | March 17, 2022. Watch the full hearing.
52/22: IACHR welcomes announcement of presidential veto to the bill “Protection of Life and Family” in Guatemala | March 15, 2022. Read more.
38/22: IACHR takes note of the decision of the Caribbean Court of Justice concerning rape | February 23, 2022. Read more.
Statement condemning the murder of Thalía Rodríguez, human rights defender | January 13, 2022. Read more.
The Office of the Rapporteur participated in a total of 10 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: CIDHDenuncias@oas.org
08 Feb: Commissioner Clarke witnessed the signing ceremony of a memorandum of understanding between the Secretary General of the OAS, Luis Almagro, and Synergia – Initiatives for Human Rights.
09 Feb:Meeting with Fabrizio Petri, Italy’s Special Envoy for the Human Rights of LGBTQI+ persons and Ambassador Simone de Santi, Permanent Observer of Italy to the OAS.
24 Feb:Webinar: "Legal Recognition of Gender Identity and the Implementation of the Advisory Opinion 24/17 in the CARICOM Countries’’ organized by Synergia – Initiatives for Human Rights and the Universal Civil Identity Program in the Americas of the OAS (PUICA).
11 Mar:Meeting with the LGBTI Core Group of States of the OAS.
21 Mar: Meeting with Jessica Stern, United States’ Special Envoy to Advance the Human Rights of LGBTQI+ Persons.
Snapshot of the situation of the rights of LGBTI persons in the region
20 Jan | 🇲🇽 Mexico: Ministry of Foreign Affairs announces that Mexican consulates abroad will be able to issue birth certificates to trans persons, without the need for Mexican nationals to travel to Mexico for this procedure. More info.
26 Jan | 🇨🇱 Chile: Labor Department issued pronouncement guaranteeing pregnant trans men the same rights as pregnant women in the context of employment. More info.
26 Jan | 🇲🇽 Mexico: Entry into force of Guanajuato State Government's Decree allowing for civil marriage equality. More info.
01 Feb | 🇧🇧 Barbados and the CARICOM: Caribbean Court of Justice determined that the scope of the crime of rape in Barbados is not restricted based on the gender of the victim or of the agressor, thereby expanding protection of all victims of rape, including LGBTI persons. More info.
11 Feb | 🇲🇽 Mexico: Civil Registry of the state of Guanajuato issued the first birth certificate reflecting ‘’NB’’ as gender marker for a non-binary person, following constitutional proceedings.
18 Feb | 🇧🇷 Brazil: Rio de Janeiro Public Defender's Office successfully filed a civil action to change gender markers on the birth certificates of 65 trans and non-binary persons. More info.
18 Feb | 🇸🇻 El Salvador: Supreme Court ordered Congress to legislate on the procedure for name change in accordance with individuals' gender identities. Civil society has called for a comprehensive gender identity law.
01 Mar | 🇨🇴 Colombia: Constitutional Court urged the Government and the National Registry of Civil Status to include a non-binary gender marker in identification documents. More info.
03 Mar | 🇲🇽 Mexico: Supreme Court struck down the Puebla Civil Code’s age majority requirement provision that hindered the recognition of the self-perceived gender identity of trans persons under 18. More info.
07 Mar | 🇺🇾 Uruguay: The first convinction for transfeminicide was issued in the country for the murder of Fanny Aguiar.
09 Mar | 🇲🇽 Mexico: The states of Sinaloa and Baja California adopted laws that recognize the right to Gender Identity.
12 Mar | 🇨🇱 Chile: Entry into force of the Equal Marriage Act adopted in 2021. This Law reflects the State’s commitments in the context of the friendly settlement agreement in Petition 946-12—César Antonio Peralta Wetzel and Others v. Chile.
17 Mar | 🇦🇷 Argentina: A person was convicted for the transfeminicide of Evelyn Rojas in the province of Misiones.
18 Mar | 🇭🇳 Honduras: The Secretariat for Development and Social Inclusion, together with “Procuraduría General de la República”, announced the creation of the "Educational Scholarship for Trans Women, Vicky Hernandez", in compliance with one of the reparation measures ordered by the Inter-American Court of Human Rights. More info.
Legal and administrative initiatives
Following up on its December 2021 Statement, IACHR continues to warn about bills and other initiatives that limit the human rights of LGBTI persons.
IACHR has expressed concern regarding legal initiatives aiming at impeding access of children and adolescents to comprehensive sexuality education and restricting discussion on LGBTI issues in schools.
IACHR continues to monitor the advancement of bills banning trans students from participating in school sports teams that align with their gender identity and using multi-occupancy public school facilities.
IACHR expresses its grave concern about legal initiatives and government directives targeting families and medical professionals with a threat of criminal prosecution for providing gender-affirming care to trans children.
Violence against LGBTI persons
The Office of the Rapporteur tracks reports of violence against LGBTI Persons in the region through its monitoring tools. IACHR receives information through the e-mail address: CIDHDenuncias@oas.org.
During the reported period, IACHR took note of public reports of violence against LGBTI persons, including the murder of 12 trans women and 6 gay men.
However, violence against LGBTI persons may be underreported or misreported. IACHR reiterates its call to States to collect disaggregated information on acts of violence and discrimination.
States must determine whether crimes against LGBTI persons have been committed based on their real or perceived sexual orientation, gender identity/expression or sex characteristics, and proceed to investigate and prosecute with due dilligence
IACHR calls on States to address the root causes for the vulnerability to violence faced by trans women, sex workers, and human rights defenders.
IACHR emphasizes that children and adolescents are particularly vulnerable to attempts to modify their sexual orientation, gender identity, and gender expression and are thus in need of special protection. More info.
IACHR highlights the specific vulnerability of intersex children and adolescents to medical violence. More info.
IACHR reminds States of their obligations to respect, protect, and ensure the rights of LGBTI children and adolescents to a life that is free from discrimination and violence.
The information presented in this newsletter corresponds to the period from January 1st to March 28th, 2022.
The Rapporteurship will continue to monitor the human rights situation of LGBTI persons in the region.