Discover the discrimination faced by trans individuals in Guanajuato and the legal frameworks that support gender recognition.
Guanajuato Should Legally Recognise Trans Identities, Urges Human Rights Watch
The Mexican state of Guanajuato should urgently recognise the gender identities of transgender individuals and establish a simple administrative procedure for gender recognition, according to a documentary released by Human Rights Watch (HRW). The documentary, titled «The Keys to My Freedom», highlights the discrimination and legal obstacles faced by trans people in Guanajuato due to the lack of a gender recognition process.
The Struggles of Trans People in Guanajuato
Transgender individuals in Guanajuato face various forms of discrimination, including economic, medical, and labor-related discrimination. One of the main reasons for this discrimination is the absence of a process for issuing identity documents that accurately reflect their gender identity. Without proper documentation, trans individuals encounter difficulties in finding employment and are subjected to mockery and insults.
The documentary features the stories of two transgender women, Ivanna Tovar and Kassandra Mendoza, who have been fighting for their gender identities to be legally recognised in Guanajuato. It also includes testimonies from eight other trans individuals from the state, shedding light on their experiences of discrimination and sharing messages of hope.
The Need for Legal Gender Recognition
Currently, each of Mexico‘s 32 states has the authority to determine its own laws and policies regarding civil, family, and registration matters. It is the responsibility of the state legislature or governor to pass a law or issue an administrative decree that enables legal gender recognition through a simple administrative procedure at the state-level civil registry. While 21 Mexican states have already implemented such procedures, Guanajuato has yet to do so.
The lack of a legal gender recognition procedure in Guanajuato has severe consequences for trans individuals. They are forced to initiate complex legal proceedings to have their gender identity recognised, which can be time-consuming and expensive. This process often requires hiring a lawyer and obtaining a court injunction. The resulting corrected birth certificate is necessary for obtaining other identification documents and accessing basic services.
International and National Legal Framework
The Inter-American Court of Human Rights issued an advisory opinion in 2017, stating that states should establish simple and efficient legal gender recognition procedures based on self-identification, without invasive requirements. In 2019, the Mexican Supreme Court issued a landmark ruling affirming the right to legal gender recognition and providing guidelines for the administrative process. The court emphasised the importance of privacy, simplicity, expeditiousness, and adequate protection of gender identity.
Despite these legal frameworks, Guanajuato has yet to enact a gender recognition procedure that aligns with international and national standards. The state’s inaction on this issue perpetuates the discrimination and marginalisation faced by trans individuals.
Call for Action
Human Rights Watch, along with other organisations, interviewed 31 trans individuals from Guanajuato to document the harm caused by the lack of legal gender recognition. The findings underscore the urgent need for Guanajuato to establish a gender recognition procedure that respects the rights and dignity of trans people.
The documentary serves as a powerful call to action for the governor and state congress of Guanajuato to prioritise the rights of gender minorities and take steps towards creating an administrative gender recognition procedure. By doing so, the state can contribute to reducing discrimination and ensuring that trans individuals can live their lives with dignity and equality.
Source : HRW.org
