transgender rights
-
HONDURAS: ‘The ruling of the Inter-American Court marks a before and after for LGBTQI+ people’
CIVICUS speaks with Indyra Mendoza, founder and general coordinator of Red Lésbica Cattrachas (Cattrachas Lesbian Network), a lesbian feminist organisation dedicated to defending the human rights of LGBTQI+ people in Honduras. In March 2021 the Inter-American Court of Human Rights (IACtHR)made a ruling in the case of Vicky Hernández. Vicky, a trans woman, and human rights defender, was murdered between the night of 28 June and the early morning of 29 June 2009, in the city of San Pedro Sula, Honduras, while a curfew was in force following a coup. Her killing came in a context of enormous discrimination and violence, including by the security forces, against LGBTQI+ people.
What was the process that resulted in the IACtHR ruling? What was the role of Cattrachas?
Cattrachas Lesbian Network’s Violence Observatory recorded Vicky’s case and immediately identified it as a potential strategic litigation case, as it was one of the first murders of an LGBTQI+ person following the coup d’état.
Even before the coup, Cattrachas had identified a pattern of non-lethal violence against transgender women by police officers. And while we had already recorded 20 violent deaths of LGBTQI+ people between 1998 and 2008, the killings of transgender women increased after the 2009 coup. The Observatory recorded a total of 15 violent deaths of transgender women, most of which occurred during curfews or states of exception decreed illegally by the government, when state security forces were in absolute control of the streets.
In Vicky’s case, Cattrachas learned that no autopsy had been performed, so we contacted her family and found out that very few investigative steps had been taken. On 23 December 2012, Cattrachas filed the initial petition for Vicky’s murder with the Inter-American Commission on Human Rights. Robert F. Kennedy Human Rights, a USA-based human rights organisation, later joined in. The Commission issued its merits report, which established that human rights violations had taken place, on 7 December 2018 and sent the case to the IACtHR on 30 April 2019. The public hearing was held on 11 and 12 November 2020.
Finally, on 26 March 2021, the IACtHR issued a ruling declaring the State of Honduras responsible for the violation of Vicky’s rights to life, personal integrity, equality and non-discrimination, recognition of legal personality, personal liberty, privacy, freedom of expression and name. It also ruled that the State of Honduras failed to comply with the obligation established in article 7.a of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, also known as the Convention of Belém Do Pará. Additionally, the IACtHR established that Vicky’s death was not investigated with due diligence, and therefore condemned Honduras for the violation of due process, judicial protection and the obligation established in article 7.b of the Convention. Finally, the Court declared that the right to personal integrity of Vicky’s relatives had also been violated. The ruling was notified on 28 June 2021, 12 years after the coup d’état and the transfemicide of Vicky Hernández.
The resolution of this case was exceptional. What was the reason for this exception?
Its resolution was exceptional because of the multiple intersectionalities of violence present in Vicky’s life. Vicky was a young Honduran transgender woman and human rights defender, a sex worker living with HIV, with limited economic resources, and at some point in her life, precarious employment had forced her to emigrate. Vicky’s is the first case of lethal violence against an LGBTQI+ person that occurred at the intersection of two relevant contexts: the 2009 coup d’état and the context of structural violence that LGBTQI+ people, and particularly transgender women, face in Honduras.
The case allowed the Court to reiterate standards on the right to gender identity, equality, and non-discrimination, and to insist that, in contexts of historical violence, subordination, and discrimination, in this case against transgender people, international commitments impose a reinforced responsibility on the state. Furthermore, through an evolutionary interpretation, the Court established that transgender women are women, and are therefore protected by the Convention of Belém Do Pará.
What is the significance of this ruling for LGBTQI+ people in Honduras?
The ruling in Vicky’s case marks a before and after, as it establishes guarantees of non-repetition that must be turned into public policy in favour of LGBTQI+ people.
The measures set by the ruling include the establishment of an educational scholarship for transgender persons, which will bear the name of Vicky Hernández, the implementation of education, awareness-raising and training plan for the Honduran security forces, the adoption of protocols for the diagnosis, data collection, monitoring and investigation of cases of violence against LGBTQI+ people, and the adoption of a procedure to recognise gender identity in identity papers and public records. This procedure should be guided by the standards of Advisory Opinion 24/17, which implies that it should not require any law, should be expeditious, should not require pathologising tests, should not require a historical record of changes, and should be, as far as possible, free of charge.
More than a decade after the murder of Vicky Hernández, what is the situation of LGBTQI+ people in Honduras?
LGBTQI+ people in Honduras face constitutional and legal limitations based on sexual orientation, gender expression and gender identity that prohibit us from accessing equal marriage as well as the recognition of marriage celebrated abroad, de facto union, adoption, intimate visits in prisons, change of name based on gender identity and blood donation. Specifically, in relation to changing names, the IACtHR ruling in Vicky’s case mandates the state to establish an adequate and effective procedure to recognise the identity of transgender people.
Honduras is the country with the highest rate of violent deaths of LGBTQI+ people in Latin America and the Caribbean. Since the transfemicide of Vicky, to date 388 LGBTQI+ people have been murdered in Honduras and one person is missing; 221 of those people are gay, 112 are transgender and 46 are lesbian. Only 83 cases have been prosecuted, resulting in 11 acquittals and 34 convictions, which reflects a 91 percent impunity rate.
In sum, LGBTQI+ people face not only major legal obstacles but also a very high level of lethal violence and lack of access to justice.
Civic space in Honduras is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Cattrachas through itswebsite orFacebook page, and follow@CATTRACHAS on Twitter.
-
OLYMPICS: ‘This was supposed to be a unifying event, but the reality is always more complicated’
CIVICUS discusses the political, economic, social and human rights implications of the recent Olympic Games with UK-based academic, journalist and author David Goldblatt, whose latest book isThe Games: A Global History of the Olympics.The Olympics have long been a global celebration of sport and unity, but recent editions have sparked intense debate about their impact on human rights. While the Paris 2024 Games sought to highlight gender inclusivity, environmental initiatives and urban development, they also generated significant controversies. The exclusion of Russia and Belarus but not Israel and the displacement of people from excluded groups raised questions about consistency, fairness and respect for human rights. As the focus shifts to Los Angeles 2028, concerns remain about the lasting effects of the extensive security measures put in place for the Games.
What are the Olympics for, and why are they important?
The purpose of the Olympic Games has evolved over time. In the original model conceived by Pierre de Coubertin in the late 19th century, they were a neo-Hellenic celebration of Victorian athletic amateurism and a space for personal diplomacy among the elite. More than 120 years on, both sport and society have changed, and so has the International Olympic Committee’s (IOC) vision of the Games. Today, they are a cosmopolitan celebration of humanity through sport.
Since abandoning amateurism in 1992, the IOC has linked the Games to several international issues, including support for universal human rights, international peace-making through the idea of an Olympic Truce, environmental sustainability with a focus on carbon neutrality and progressive urban development. Whether it succeeds in all these areas is another matter.
The Olympic Games have also made significant progress in terms of gender inclusiveness, as they are no longer a male-only event. In recent years, there have been particular efforts to include more women as competitors and in television coverage, with Paris 2024 the first gender-equal Olympics. However, the issue of how transgender athletes should be treated remains unresolved, with highly controversial cases such as the Algerian boxer whose gender was questioned. This is a global sports problem, not just an IOC problem, and there isn’t a clear way out.
The Games are supposed to be a unifying event, but the reality is always more complicated. The fact that Belarus and Russia were banned from taking part while Israel was accepted caused a great deal of controversy. It also seemed the focus of the event wasn’t on the athletes. Apart from global stars like Simone Biles and Léon Marchand, much of the attention was given to rapper Snoop Dogg, which is questionable for a multi-billion-dollar sporting event. The Games seem to be moving away from de Coubertin’s original vision and turning into a commercial television spectacle.
What were the 2024 Olympics criticised for?
The exclusion of Belarus and Russia raised questions of consistency, particularly in the light of Israel’s participation. While Israel argues it hasn’t violated international law and should therefore be treated differently to Russia, most of the world – and particularly the global south – disagrees. The IOC needs to rethink its criteria for participation, as there will always be ongoing conflicts and there should be clear rules about who can and can’t participate.
Despite these problems, France handled protests reasonably well. Compared to the 2022 World Cup in Qatar, where pro-Iranian, pro-migrant worker and pro-LGBTQI+ protesters were severely repressed, pro-Palestinian protesters were allowed to make a statement with their T-shirts and flags. And it was definitely better than the 2008 Olympics in China, where there was no room for any kind of protest, even as the human rights situation was getting worse.
Paris 2024 also showcased a diverse, multicultural and multiracial France, both through its athletes and in the opening ceremony. This display of diversity drew criticism from conservative groups and the French far right. But one thing is clear: once the Games began, attention shifted away from these issues, making it difficult for them to gain media visibility.
What is your overall assessment of the event?
It’s a complex assessment. One of the biggest problems with the Olympics is that they tend to cost much more than is budgeted for. But Paris 2024 managed to keep the budget under control. France aimed for a more modest Olympics, with a budget of around US$9 billion, making it one of the cheapest editions compared to London, Rio and Tokyo. Half of the money came from public funds and the rest from IOC sponsorship and ticket sales.
Another positive aspect of Paris 2024 was that, unlike many other Olympic Games, it was explicitly linked to an existing urban development project. The only other notable case was Barcelona 1992, which was integrated into a wider urban plan. While the Paris model was not as comprehensive as Barcelona’s, it definitely stood out. Development plans focused on Saint Denis, France’s poorest region, with new public transport links and social housing in the Olympic Village expected to benefit the area.
However, the extent to which these developments will contribute to a greener, more equitable Paris is still under debate. Houses in the Olympic Village are likely to be sold at prices local people can’t afford, and it’s not clear that the new jobs will benefit the people of Saint Denis. It’s likely to end up with a process of gentrification similar to what happened in Vancouver and London, where most of the housing is now owned by the Qatar Investment Authority and sold at prices locals can’t afford.
What was the environmental cost of these Olympics?
Paris made considerable efforts to reduce its carbon footprint. Although we don’t have the final data yet, it’s likely to be a significant improvement on previous editions – with the sole exception of Tokyo, where the COVID-19 pandemic prevented many people travelling. The Paris venues were powered by renewable energy, high environmental standards were applied to the construction of the Olympic Village and car use in the city was severely restricted during the event.
However, air travel is still a problem. Hosting an international event such as the Olympics involves people travelling from all over the world and results in a very large carbon footprint, estimated at 1.5 million tonnes or more. Attempts have been made in the past to offset this by planting forests or investing in renewable energy, but the carbon credit market has proved ineffective. We must ask whether it’s justifiable to burn as much carbon as a Caribbean island consumes in a year just to host a global sporting event and transport dressage horses. Yet this is an issue no one in the global sports industry or any other major international event is willing to address.
Were there any major human rights concerns?
There are at least two major areas of concern. One is the large number of unhoused or poorly housed people evicted from the city in the run-up to the Games. At least 12,500 migrant workers and residents of temporary camps were moved to other parts of France, far from their communities and jobs. This number is likely to have increased in recent months and the situation remains a tragedy.
Clearing the streets to create the illusion that there isn’t a housing problem before staging a global event is simply wrong. But this wasn’t the first time – there have been similar evictions in Tokyo and even more in Rio. With Los Angeles 2028 on the horizon, we can expect an even higher number of evictions given the city’s large unhoused population.
Civil society organisations advocating for the unhoused made their voices heard in the run-up to the Games, with much media coverage. But once the spectacle began, they struggled to make headlines and advocacy was quickly overshadowed by the sport.
Another human rights issue concerns the extensive security measures for the Paris Olympics, which involved a complex process of zoning Paris, with strict policing and rules about who could enter certain areas near the venues. If you lived in one of these areas, you needed a QR code. It was a very complicated and intrusive system, but for all the grumbling, it worked reasonably well. More worrying was the use of artificial intelligence, CCTV cameras and facial recognition technology to control crowds, raising questions about privacy and the long-term use of these measures.
The French government and police promised to dismantle all these special security measures after the Games, but there is reason for scepticism. Similar measures were introduced for previous Olympics, such as Athens 2004 and London 2012, and remain in place today. And the enormous amount of money spent on Rio’s various police and paramilitary forces for riot control ahead of the 2016 games wasn’t returned either.
What are your expectations for the next Olympics?
We’re going to have another four years of global warming, so Los Angeles 2028 is going to be very hot. Extreme heat could have a significant impact on events and spectators, as seen at Tokyo 2020, where a marathon had to be cancelled due to the weather.
The high number of unhoused people in Los Angeles is another major concern. While Mayor Karen Bass has plans to address the ‘issue’, the situation is likely to worsen in the run-up to the Games, with multiple evictions, as we’ve seen in Paris.
On the positive side, Los Angeles 2028 has promised to be a car-free Olympics. It’s difficult to see how this could be achieved in a country with such a strong car culture. But Los Angeles has public transport and a light rail network, so it’s a question of getting locals out of their cars and onto trains and buses. Whether this ambitious goal can be achieved remains to be seen, but it could be an opportunity for a lasting change in habits and more sustainable urban development.
Civic space in France is rated ‘narrowed’ by theCIVICUS Monitor.
Follow@davidsgoldblatt on Twitter.
