Violence against Lesbians, Gays, Bisexuals, Trans and Intersex persons (LGBTI) in the Americas: IACHR Thematic Report

Violence against Lesbians, Gays, Bisexuals, Trans and Intersex persons (LGBTI) in the Americas

IACHR Thematic Report

Diversity of orientations, identities and bodies

Understand the key concepts related to LGBTI persons

Taken by Beatriz Travieso Pérez, Concurso Mujeres en Igualdad “Género y diversidad sexual”

Medical Violence against Intersex Persons

The generalized human rights violations carried out against intersex persons because their bodies do not physically conform to the medically and culturally defined standards for “female” and “male” bodies are invisibilized.

Crimes against LGBT persons: high levels of violence and cruelty

Taken by Candela Reinares, Concurso Mujeres en Igualdad “Género y diversidad sexual”

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
Recommendations
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”.

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Global Rights: Partners for Justice, Demanding Credibility and Sustaining Activism: A Guide to Sexuality-Based Advocacy

“A two-spirit Native American may feel too restricted by the categories “lesbian” or “gay” because of their “personhood, spirituality, and specific, complex identities.”

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National Association of Friendship Centres, Supporting two-spirited peoples: Discussion paper

“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”

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Poetics and politics of intersexuality, Clam+10, Brasil

“In my case as Muxe, in the acronym LGBTI I have no place in terms of representation.”

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Amaranta Gomez Regalado, IACHR 147 Period of Sessions

The Two-Spirits persons “recognizes gender as a continuum and includes diverse identities, sexual orientations and social roles”

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National Association of Friendship Centers, Supporting two-spirited peoples: Discussion paper. (Ottawa, 2008).

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:

Punish

Many manifestations of this violence are based on the desire of the perpetrator to "punish" those identities, behaviors or bodies that differ from the general norms and traditional gender roles, or are contrary to the male/female binary.

Gay/Trans Panic Defense

Sometimes violence against men and women occur in reaction to what were perceived to be sexual advances by someone of the same sex. In some instances, judges have mitigated sentences on the grounds that the insinuations of this nature allegedly caused disgust, which in turn led to violence.

Social Cleansing

The ill-treatment of LGBT persons is believed to have been used to make sex workers leave certain areas, in so-called “social cleansing” campaigns, or to discourage LGBT persons from meeting in certain places, including clubs and bars.

Perception

UN High Commissioner for Human Rights has indicated that, in many cases, even the “perception” of being gay or trans puts people at risk.

To understand more about sexual orientation, gender identities, expressions and bodily diversity

Read 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.

Such violence:

It is addressed towards specific social groups, such as LGBTI persons
Requires a context and social complicity
It has a symbolic impact

Desire to punish

Many forms of this violence is based on the desire of the perpetrator to “punish” those identities, behaviors or bodies.

Adoption of integral measures

In this report, the IACHR urges OAS Member States to adopt comprehensive measures to combat societal and cultural discrimination, prejudice, and stereotypes against LGBTI persons.

"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.".

Photo credit: Ludovic Bertron

De izquiera a aderecha, peticionarias/o de la audiencia: KizzyAnn Abraham, GrenChap; Malaika Brooks-Smith-Lowe, Groundation Grenada; Richie Maitland, Groundation Grenada

Colin Robinson, CAISO. Public Hearing: Trinidad and Tobago, Improper Use of Criminal Law to Criminalize Human Rights Defenders - 153 Period of Sessions

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

“Sodomy” laws

While all countries in Latin America have decriminalized sex between consenting adults of the same sex, eleven OAS Member States maintain laws criminalizing private and consensual sexual activity..

“Serious Indecency” and “Gross Indecency” Laws

There is also vagueness as to what, in the eyes of the court, constitutes “gross” or “serious” indecency. As laws against indecency vary in specificity and scope, in many cases they discriminate LGBT persons, whether by their intent or through their impact.

Criminalization of non-normative gender identities and expressions

Guyana has legislation criminalizing cross-dressing, or dressing with the clothes socially attributed to another gender. This provision reinforces gender stereotypes and constitutes discrimination on the grounds of gender identity and expression.

Laws that seek to protect “public morals” and “good manners”

The rules on public morals can grant the police and judges discretionary power which, combined with prejudices and discriminatory attitudes, can lead to abuse against this group.

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”” :

“Buggery” Laws are used as a mechanism for “social control and domination” that enables states to legitimize and contribute to the stigma of LGBT persons as “immoral” individuals.”
As a consequence of the exclusion from the protection of the justice system, LGBT persons are far more likely to stay in abusive relationships without seeking police protection, they feel that they cannot come forward to report domestic violence that is occurring in their relationships, because the relationships themselves are considered criminal..
These laws and the rampant homophobia puts women who do have sex with women, or women who do not conform to a more feminine gender identity, at risk..
Trans and gender non-conforming persons also experience violence and discrimination, given their visibility.
Many victims do not report crimes out of fear of prosecution.

A study carried out by UNAIDS in the Caribbean found:

were physically attacked in the last five years

received verbal insults within one month

received uncomfortable glances or were intimidated

Photo credit: Maria Fernanda Gonzalez, Panamá - Concurso Mujeres en Igualdad “Género y diversidad sexual”

Forms and contexts of violence against LGBTI persons

This report focuses on physical violence against LGBTI persons, namely killings nd serious non-lethal attacks such as rape and mob attacks .

This report does not address other forms of violence that LGBTI persons face, as verbal violence and physiological abuse.

In Depth

General trends in the findings of the IACHR

Underreporting and lack of official data
Pervasiveness of violence
Invisibility of everyday violence
High levels of cruelty
Invisibility of violence against certain groups: trans men, bisexual and intersex persons
Violence in response to public displays of same-sex affection

Violations of the Right to Life

Lesbian, gay, bisexual and trans persons are “especially vulnerable” to extrajudicial executions.

Several killings of LGBT persons are not found in police records, and when exceptionally they are, they end in impunity.

Violations in the context of law enforcement: Torture, cruel, inhuman and degrading treatment
Persons Deprived of Liberty
Rape and sexual violence
Mob attacks

Medical Violence against Intersex Persons

Generalized human rights violations carried out against intersex persons because their bodies do not physically conform to the medically and culturally defined standards for “female” and “male” bodies.

Provision of Health Services

Mistreatment, harassment, and even physical violence are part of the experience of LGBT persons seeking medical attention.

Attempts to “change” sexual orientation and gender identity

LGBT adolescents and young adults are subject to “therapies” that aims at attempting to modify their sexual orientation or gender identity.

Hate Speech and Incitement to Violence

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.

Indigenous Peoples
Women
Persons in the context of human mobility
Children and Youth
Human Rights Defenders

Persons deprived of liberty
Afro-descendant persons and other persons affected by racial discrimination
Persons Living in Poverty

Photo credit: Mario Ramos Mogollón, Perú - Concurso Mujeres en Igualdad “Género y diversidad sexual”

Read the Recommendations to States

General 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

The Report

Read the report in PDF

IACHR Report: Violence against Lesbian, Gay, Bisexual, Trans and Intersex Persons in the Americas

IACHR LGBTIViolence