The patriarchal and gender binary norms that are prevalent through much of Central America have targeted trans and gender-diverse individuals both through state policies and through personal violence. The IACHR (Inter-American Commission on Human Rights) notes that the structrual gender biases have negatively impacted the LGBTQI community citing lower life expectancy and rates of violence, discrimination, and hate crimes. Mexico is the second most dangerous country in the world, after Brazil, for transgender individuals, reporting at least 117 murders of LGBTQ+ individuals in 2019, a record high. Although discrimination against LGBTQ indiviudals has been legally prohibited since 2003, violence against the LGBTQ community, and in particular trans and gender non-conforming individuals has increased since 2015.
Many trans youth in Latin America face social exclusion from their families, schools, and peers resulting in higher dropout rates and poorer educational outcomes, limiting career opportunities. Civil society and NGOs (non-governmental organizations) have been the champions for change in the region.
The report (released in November 2020) emphasizes the necessity of reducing and eliminating boundaries towards gender affirming practices including changing legal documents without barriers of proof such as psychological diagnoses, gender confirmation surgery, and the “real-life test.”
Both legal and social recognition of gender identity are important for the right to recognition. Legal recognition reduces the institutional barriers precluding trans and gender-diverse individuals from accessing equal opportunities, but misgendering in social situations has been identified as a form of psychological violence. Laws restricting gender expression have enabled and condoned violence towards trans individuals. In 2013, the Inter-American Convention against all Forms of Discrimination and Intolerance included gender expression for the first time as a category prohibited from discrimination. However, discrimination persists, despite having protections under convention of the Organization of American States (OAS).
Further reading:
US Asylum Shutdown Leaves LGBTQ+ People Stranded and in Danger in Mexico
