Human Rights – Gender Identity
OAS Presents Report on the Official Recognition of Gender Identity in the Countries of the Hemisphere
June 2, 2020
The Organization of American States (OAS) and Synergía – Initiatives for Human Rights presented the report “Panorama of the legal recognition of gender identity in the Americas,” a study that details current practices in the Americas to guarantee the right of people to have their gender identity officially recognized as they perceive it. Based on this compilation, the report describes a compendium of regional benchmark practices, as well as the challenges still to be resolved.
The document is based on the analysis of information from 16 countries (Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Grenada, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, and Uruguay), including six federal entities of Mexico (Mexico City, Coahuila, Hidalgo, Michoacán, Nuevo León and San Luis Potosí).
The report analyzes the administrative, judicial or mixed nature of the current procedures in each place for the recognition of gender identity. In addition, the report contains a file for each country and jurisdiction analyzed, with specific information in each case on:
:: the requirements
:: the economic cost and the time these processes take
:: the possibilities of homologation of the documentation of the people who request the recognition of their gender identity
:: the way in which the confidentiality and privacy of these processes are approached
:: the treatment of children and adolescents with non-normative gender identities and intersectional practices in the countries analyzed.
The report…starts from the recognition that the Americas is the most violent region in the world toward people with non-normative gender identities, and that these cycles of violence, present in all areas of transgender life, are intermingled with high levels of discrimination and stigmatization, resulting in lack of access to civil, political, economic, social, cultural and environmental rights.
In addition to these cycles of discrimination and violence, people with non-normative gender identities in the region face enormous, often insurmountable, obstacles in accessing identity documents that correspond to their self-perceived gender identity. This constitutes a serious violation of a fundamental right. “The right to identity is relevant not only in itself, but it is also a necessary condition for access and exercise of the rest of the rights, so the absence of regulatory frameworks and institutional practices that allow and promote the recognition of the gender identity, an essential component of the right to identity, can lead to the virtual disqualification of the rights of populations with non-normative gender identities,” notes the report….
As part of the same project, the OAS also published the document “Guidelines for the implementation of Advisory Opinion No. 24 in the framework of the legal recognition of gender identity,” a guide to support member states in the implementation of the Advisory Opinion 24/17, adopted by the Inter-American Court of Human Rights on November 24, 2017, which establishes that States of the Americas are obligated to guarantee the right to recognition of gender identity…