IACHRLGBTIViolence

1. Underreporting and lack of official data

The IACHR notes that the available data do not reflect the full dimension of the violence suffered by LGBTI persons in any given State.

• Insufficient training of police agents, prosecutors, and forensics authorities might also lead to inaccurate reporting. For example, trans women are frequently identified in public records as “men dressed in women’s clothes.” Lack of knowledge and training may also lead police officers or prosecutors to conflate the notions of sexual orientation and gender identity and thereby identify trans women as “gay men.”
• Underreporting and a lack of official data mechanisms render violence against LGBT persons invisible, and hinder an effective State response.

3. Invisibility of everyday violence

The IACHR notes that underreporting also renders everyday violence against LGBT persons invisible, particularly as it relates to non-lethal attacks.

Non-lethal attacks are the most common type of violence suffered by LGBTI persons in all OAS Member States.

“Killings are most prone to be reported by the media, leaving out ordinary and persistent forms of everyday violence, which have to be, nonetheless, fully exposed, identified and addressed by States.” IACHR, Una mirada a la violencia contra personas LGBTI en América: un registro que documenta actos de violencia entre el 1 de enero de 2013 y el 31 de marzo de 2014, Anexo al Comunicado de Prensa No. 153. 17 de diciembre de 2014.

5. High levels of cruelty

Crimes against LGBT persons stand out for their brutality and cruelty..

Acts of violence against LGBT persons, or those perceived as such, are particularly cruel and in some instances characterized by levels of brutality exceeding that of other hate crimes.Report of the Special Repporteur on violence against women, its causes and consecuences, A/HRC/20?16, 23 May 2012, para.71

In the Registry of LGBTI Violence of the IACHRthere are numerous examples of killings that are particularly heinous, including cases of stoning, decapitation, burning, or impalement. Many victims are repeatedly stabbed or beaten to death with hammers or blunt objects. Others are punched or kicked to death, have acid thrown at them, or are suffocated. Some victims in the Registry were repeatedly run over by cars, mutilated or set afire. In many cases, victims were killed after being subject to gruesome acts of torture, inhumane or degrading treatment, and multiple forms of extreme humiliation, debasement, torture and/or rape.

1. Extrajudicial Executions

Extrajudicial executions or killings are understood as deprivations of the right to life unlawfully perpetrated by State agents.

The IACHR has noted that for the majority of cases of violence against LGBT persons recorded in the Registry of Violence, there is little or no data as to the perpetrators of the violence, particularly in the cases of killings.

According to one regional organization, which obtained its information from witness testimony, police officers have been directly involved in a “good number” of killings of trans women.Redlactrans, The Night is Another Country: Impunity and violence against transgender women human rights defenders in Latin America

According to the Registry of Violence, gay men, or those perceived as such, were more likely to be killed by bladed weapons and in private spaces, such as the home of the victim..

Whereas trans women and trans persons who express themselves as female were more likely to be killed by firearms, and their bodies were more likely to be found in the streets or other public spaces, and sometimes in situations linked to sex work.

Organizations report that killings of LGBT persons are not found in police records, and where they are, they end in impunity..Organización de Apoyo a una Sexualidad Integral Frente al SIDA (OASIS), Crímenes de Odio en Guatemala: una Aproximación a los Retos y Desafíos para el Desarrollo de una Investigación sobre Crímenes en el País en contra de Gay, Bisexuales y Trans, abril de 2010, p. 35.

The IACHR was informed of numerous killings of trans women who were sex workers, most of the killings allegedly perpetrated by their clients. These included victims who were —among many other violent acts— smashed in the head with rocks, stoned to death while offering their services, beaten to death with a broken bottle, stabbed while waiting in their regular spots, repeatedly shot when approaching a car, and even shot following a disagreement over fees.

The IACHR is concerned with the overall context of police abuse against LGBT persons.

“To the police, all transgenders are prostitutes.”Human Rights Watch, Sex Workers at Risk, Condoms as Evidence of Prostitution in Four US Cities, 2012, p. 20.

The IACHR has received reports from multiple organizations of cases in which police agents not only perpetrate violence, but also incite others to attack LGBT persons, or are indifferent toward violence perpetrated by third parties.

Police and other State security agents –legally entitled to enforce public order– share the same attitudes and prejudices against LGBT persons that are prevalent in society at large.

The defender explained: “only some police are abusive, but the lack of response and impunity concerns the whole police force.”Testimony of a transgender woman human rights defender from Cali. Meeting of LGBTI persons with the President of the IACHR in Cali. September 30, 2014.

LGBT persons are at the bottom of the informal hierarchy in detention facilities, which results in double or triple discrimination, and they are disproportionately subjected to torture and other forms of ill treatment.Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/22/53, 1 February 2013, para. 79.; UN, General Assembly, “Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,, Manfred Nowak”, 5 February 2010, A/HRC/13/39/Add.5

Additionally, gay men or trans women deprived of their liberty may be forced into servitude by other inmates, required to do menial tasks on their behalf, and provide sexual services to them.

Several NGOs report that LGBT persons often decide to remain in their cells as much as possible in order to avoid being attacked by other inmates.

Trans women are at a heightened risk of sexual violence because of their routine imprisonment in male facilities, without regard to the specificities of the person or the case.

Los Estados Miembros de la OEA deben tomar medidas para asegurar, siempre que sea posible, que las personas trans participen en las decisiones relativas a la asignación de su alojamiento en centros de detención.

Lesbian, gay, bisexual, trans, and intersex persons can be particularly vulnerable to sexual violence.

One of the reasons for this vulnerability stems from the fact that diverse sexual orientations and identities challenge the core notions of heteronormative sex, sexuality, and gender.

Forcible introduction of objects into the anus appears to be a common way of inflicting excruciating pain on victims, and is usually a part of brutal acts of violence perpetrated against gay men and trans women.

A trans woman in Barranquilla, Colombia who, after suffering many years of attacks and discrimination, was brutally raped by four men who introduced several ants into her anus. She committed suicide shortly after the episode.

LGBT and gender non-conforming persons are at high risk of being denied medical treatment or being further victimized when seeking health care following a sexual assault, it may be the case that the impact of sexual assaults on LGBT and gender non-conforming persons is higher than on gender-conforming and non-LGBT victims of assault.

4. Mob Attacks

"Large crowds barricading, throwing objects (such as stones and Molotov cocktails), or calling for lynching of gay men"IACHR, Press Release No. 79/13. IACHR Expresses concern about Mob attacks, police abuse and other forms of violence against LGBTI persons. October 24, 2013.

These attacks usually start with a person or a group of persons being singled out as “gay” The word used may not necessarily be “gay” but instead can be local expressions such as “battyman,” “sissy boy,” “shemale,” or other offensive epithets. by passers-by in public places. Tension tends to escalate quickly and, within minutes, large numbers of people may gather around the victim or victims. Several reported cases include victims being chased while trying to escape or having bottles, stones, or other objects thrown at them. In cases where a crowd surrounds the victim, physical violence may escalate to the point of leaving the victim severely wounded or even dead.

n recent years , the Commission has received information about alarming numbers of large angry mobs or (mob attacks ), particularly in Caribbean countries, such as Belize , Haiti , Jamaica and St. Lucia attacks, among others. See IACHR, Annual Report 2014, Chapter V: Follow-up of Recommendations issued by the IACHR in its country or thematic reports, Report on the Situation of Human Rights in Jamaica, para. 173 and ff.

Young LGBT persons are subjected to harmful so-called ‘therapies’ intended to ‘modify’ their orientation or identity.

Such therapies are unethical, unscientific and ineffective and may be tantamount to torture. Joint Statement on International Day against Homophobia, Biphobia and Transphobia “Discriminated and Made Vulnerable: Young LGBT and Intersex People Need Recognition and Protection of their Rights”. May 17, 2015.

The person under “treatment” is confined to a center, a boarding school or “clinic,” most times against their will or through deception, and subject to very strict regimes. These regimes usually include inhumane or degrading treatment and even sexual abuse as part of the “procedure” to attempt to change their sexual orientation or gender identity.

The IACHR has received information on the existence of centers for “treating” LGBT persons in Ecuador, Peru,1 the Dominican Republic,2 and the United States.

Violence motivated by religion

Sometimes attacks against LGBT persons are religiously motivated, particularly attacks targeting young gay men

For example, in Brazil, three men attacked a 19-year-old gay man. Two of the men punched the victim repeatedly while the third prayed for the victim to be saved from his “sins.” One of the attackers then wrapped the victim’s arm in a cloth and set it on fire. The attackers allegedly abandoned the victim with a note in his pocket that read: “the fire of purification was set upon he who declared his bestial lover.”O Tempo, “Homossexual é agredido em ritual de ‘purificação de gays’,” 20 September 2014; O Tempo, “Polícia investiga motivação religiosa em agressão a gay,” 26 September 2014.
tweet this

In the United States, five members of an evangelical church were charged with the kidnapping and assault of a young gay man. According to available information, the victim stated that the attack “was meant to rid him of homosexual demons” Daily News, “Indictment for 5 members of North Carolina’s Word of Faith Fellowship for alleged 2013 attack on gay man,” 11 December 2014. tweet this

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.

Evidence shows that when crimes against LGBTI persons occur, they are frequently preceded by a context of heightened dehumanization and discrimination.

The IACHR reiterates that the promotion and protection of the right to freedom of expression should coincide with efforts to combat intolerance, discrimination, hate speech, and incitement to violence.

Article 13 of the American Convention encompasses the right to express one’s own sexual orientation and gender identity and that this kind of expression enjoys a special level of protection under Inter-American instruments, because it conveys an integral element of personal identity and dignity.IACHR. Annual Report 2009. Annual Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter III (Inter-American Legal Framework of the Right to Freedom of Expression). OEA/Ser.L/V/II. Doc. 51. December 30, 2009. Paras. 54-57; I/A Court H. R., Case of López-Álvarez v. Honduras. Merits, Reparations and Costs. Judgment of February 1, 2006. Series C No. 141. para. 169.

The IACHR notes that such persons might not self-identify as LGBT, and instead might self-identify with another expression of diverse sexuality, for example two-spirited, or might not discuss their gender or sexual orientation in terms that easily translate to the concept of LGBT as used in this report and elsewhere.IACHR, Public Hearing on Situation of Human Rights of Lesbian, Gay, Transexual, Bisexual and Intersex Indigenous Persons in the Americas, 147 Period of Sessions, 16 March 2013.

The IACHR received information on the negative impact of colonization on the ancestral sexualities and spiritualties of indigenous peoples.

According to the information provided, colonization resulted in the suppression of non-heteronormative sexualities among indigenous peoples. This had devastating consequences, including loss of acceptance of people of non-heteronormative sexualities within their own societies, self-harm, and suicide.

Lesbian Women

Lesbian women are at particular risk for violence because of misogyny and gender inequality in society, but there is significant underreporting of violence against lesbian women.

Lesbian women are “victims of ‘corrective rape’ or rape targeted to punish them, in an effort to ‘change’ their sexual orientation; collective beatings for public display of affection; attacks with acid; and forcib[le] commit[ment] to centers that offer to ‘convert’ their sexual orientation.IACHR Annex to the Press Release 153, An Overview of Violence against LGBTI Persons in the Americas: a Registry Documenting Acts of Violence between January 1, 2013 and March 31, 2014

In the United States, the following percentage of people said that at least once in their lives, they have been victims of rape, physical violence and/or stalking by an intimate partner: IACHR Annex to the Press Release 153, An Overview of Violence against LGBTI Persons in the Americas: a Registry Documenting Acts of Violence between January 1, 2013 and March 31, 2014

The IACHR emphasizes that under the Convention of Belem do Para, States have the obligation to prevent, punish and eradicate all forms of violence against women, including lesbian, bisexual, trans, and intersex women.

In many cases, the discrimination and violence faced by LGBT persons due to their sexual orientation and gender identity is what forces them to migrate.

Refugee claims based on sexual orientation and/or gender identity are most commonly analyzed under the grounds of “membership of a particular social group”. International frameworks on asylum do not take into account the specific circumstances of LGBT persons, and that the requirements and level of evidence required for refugee or asylum seekers are often unachievable for LGBT persons.

The adjudicators of refugee status must not rely on stereotypical assumptions of LGBT persons:UNCHR, Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees, 21 de noviembre de 2008.

• that all gay men are effeminate;
• qthat if a lesbian woman or gay man had previously been in a different sex relationship, including marriage and having children, that he or she is not truly lesbian or gay;
• that bisexual persons must be attracted to both sexes at the same time or an equal attraction to both men and women, among others;
• not all trans persons choose medical treatment or modify their external appereanceand as such, it is important for officials in charge of adjudicating the refugee status to avoid overemphasis on sex-reassignment surgery.

According to UNICEF, the range of this discrimination and violence includes:

• isolation from peers at school, at home, or in the community;
• marginalization and exclusion from essential services like education and health care;
• abandonment by family and community;
• bullying and intimidation;
• and physical and sexual violence, including “corrective” rape.UNICEF, Position Paper No. 9: Eliminating Discrimination and Violence against Children and Parents Based on Sexual Orientation and/or Gender Identity [disponible en inglés], Noviembre 2014, p.  3.

There are cases in which parents or other family members exert physical violence against children because they perceive them as gender non-conforming, lesbian, gay, or bisexual. The intent of this violence is to “correct” the children, a brutal method referred to as “beating the gay out/away.”

The authority of the family does not entitle it to exercise arbitrary control over a child where such exercise of control could pose a threat to the minor’s health or development.

Las defensoras y los Human Rights Defenders LGBTI puede que enfrenten riesgos mayores porque su trabajo desafía las estructuras sociales, las prácticas tradicionales y la interpretación de preceptos religiosos que pueden haber sido utilizados por históricamente para condonar y justificar la violación de los derechos humanos de los miembros de dichos grupos.Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/56/156, 3 July 2001, para. 25; Report of the Special Representative of the Secretary-General on human rights defenders, E/CN.4/2001/94, 26 January 2001, para. 89(g).

LGBTI human rights defenders suffer such violence as a consequence of their situation of triple vulnerability:

• persons who identify as LGBT are already vulnerable because of their sexuality, sexual orientation and/or gender identity
• because of their role as human rights defenders and
• because of the specific causes that they champion.

The IACHR has received troubling information concerning the high levels of discrimination and violence against afro-descendant lesbian, gay, bisexual, and trans (LGBT) persons in the Americas.

LGBTQ persons of color are more likely to experience violence perpetrated by their intimate partners (according to a research conducted in the United States).National Coalition of Anti-Violence Programs, Media Alert, An Open Letter from LGBTQ Organizations in the United States Regarding the Epidemic Violence that LGBTQ People, Particularly Transgender Women of Color, Have Experienced in 2015, 1 de marzo de 2015.

Trans persons of color are six times more likely to experience physical violence at the hands of the police, when compared to white cisgender persons in United Stated. National Coalition of Anti-Violence Programs, A Report of Lesbian, Gay, Transgender, Queer, and HIV-Affected Hate Violence in 2013, 2014, p. 10.

Photo Credit: Kevin Prichard en Flickr

Photo Credit: Seattle City Council from Seattle. 2015 LGBT Pride Parade, 26 de junio de 2015

Photo Credit: Daniel Cima. 156 Período Ordinario de Sesiones, audiencia sobre Grenada: Criminalización relaciones personas mismo sexo

In Latin America, discrimination and structural exclusion in the labor market, based on sexual orientation, gender identity, and gender expression, is one of the triggers that “sets into motion an endless cycle of continued poverty.”Cabral, Mauro and Hoffman, Johanna. International Gay and Lesbian Humans Rights Commission, They Asked Me How I Was Living/Surviving, I said, surviving: Latin America Trans Women Living in Extreme Poverty, 2009, p. 6.

Some LGBT persons in such situations engage in sex work, or in survival sex, which is the exchange of sex for money, food, shelter, or other material goods needed for survival.

“Regardless of socio-economic origins, a large number of trans women who are thrown out of their family homes at an early age end up among the high number of trans women who are severely impoverished most of their lives.”Cabral, Mauro and Hoffman, Johanna. International Gay and Lesbian Humans Rights Commission, They Asked Me How I Was Living/Surviving, I said, surviving: Latin America Trans Women Living in Extreme Poverty, 2009, p. 5.

It is reported that homelessness among LGBT persons “is almost always the result of discrimination or violence.” LGBT persons are displaced from their homes, families, communities, and sometimes their country, by their families, landlords, and neighbors.J-FLAG, (re)Presenting and Redressing LGBT Homelessness in Jamaica: Towards a Multifaceted Approach to Addressing Anti-Gay Related Displacement, 2014, p. 2.

When intersex persons are born into impoverished families or to parents lacking access to formal education, the power imbalance that is normally present in the doctor-patient relationship tends to be exacerbated, with a consequent negative impact on intersex persons’ right to informed consent. Alcántara Z., Eva. Pobreza y Condición Intersexual en México: Reflexiones y Preguntas en Torno al Dispositivo Médico, Córdoba, Mejico: Anarres Editorial, 2009, p 16-30.

Taken by Duiren Wagua López, Panamá, Concurso Mujeres en Igualdad “Género y diversidad sexual”