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SEXUAL AND GENDER MINORITIES RIGHTS IN LATIN AMERICA AND THE CARIBBEAN: A MULTI-COUNTRY EVALUATION
Multi-country evaluation
Sexual and Gender Minorities (SGM)
Author
Affilliation
University of Toronto. Faculty of Medicine. Department of Psychiatry. Toronto, Canada / Institute for Mental Health Policy Research. Centre for Addiction and Mental Health. Toronto, Canada / Oswaldo Cruz Foundation. National School of Public Health Sergio Arouca. Department of Social Science. Rio de Janeiro, RJ, Brazil.
Organization of American States. Department of International Law. Washington, USA.
Oswaldo Cruz Foundation. Sergio Arouca National School of Public Health. Department of Epidemiology and Quantitative Methods in Health. Rio de Janeiro, RJ, Brazil.
Rio de Janeiro Federal Institute of Education, Science and Technology. Belford Roxo, RJ, Brazil.
UN Women Brazil. Civil Society Advisory Group. Brasilia, DF, Brazil / Felipa de Sousa Women's Group. Rio de Janeiro, RJ, Brazil.
Brazilian National Association of Transgender and Travesties. Salvador, BA, Brazil.
Oswaldo Cruz Foundation. Sergio Arouca National School of Public Health. Department of Social Science. Rio de Janeiro, RJ, Brazil.
Duke University. Duke Global Health Institute. Center for Health Policy and Inequalities Research. Durham, USA.
Duke University. Duke Global Health Institute. Center for Health Policy and Inequalities Research. Durham, USA.
Organization of American States. Department of International Law. Washington, USA.
Oswaldo Cruz Foundation. Sergio Arouca National School of Public Health. Department of Epidemiology and Quantitative Methods in Health. Rio de Janeiro, RJ, Brazil.
Rio de Janeiro Federal Institute of Education, Science and Technology. Belford Roxo, RJ, Brazil.
UN Women Brazil. Civil Society Advisory Group. Brasilia, DF, Brazil / Felipa de Sousa Women's Group. Rio de Janeiro, RJ, Brazil.
Brazilian National Association of Transgender and Travesties. Salvador, BA, Brazil.
Oswaldo Cruz Foundation. Sergio Arouca National School of Public Health. Department of Social Science. Rio de Janeiro, RJ, Brazil.
Duke University. Duke Global Health Institute. Center for Health Policy and Inequalities Research. Durham, USA.
Duke University. Duke Global Health Institute. Center for Health Policy and Inequalities Research. Durham, USA.
Abstract
Background: Although the extent of legal inequities experienced by sexual and gender minorities (SGM) has declined during recent decades, this population still enjoys fewer legal protections and benefits than the nongender-variant, heterosexual population. Herein we analyze the current scenario of SGM rights in Latin America and
the Caribbean (LAC). Methods: Policy documents and governmental strategies addressing SGM rights were analyzed within a timeline framework by three major LAC sub-regions: the Caribbean, Mesoamerica and South America. Results: Our search identified 88 eligible documents addressing the following categories: (1) legal protections towards same-sex couples (decriminalization of same-sex acts among consenting adults, legal recognition of samesex unions, same-sex marriage, adoption by same-sex couples), and (2) anti-discrimination laws (SGM allowed to serve openly in the military and anti-discrimination laws related to sexual orientation, gender identity and/or expression). The majority of Caribbean countries prohibit same-sex acts between consenting adults, while in Mesoamerica same-sex couples do not have equal marriage rights and are not allowed to adopt as a couple. In the Caribbean and Mesoamerica transgender people lack proper legal protection. Legislation to protect SGM rights in South America is the most inclusive and progressive in LAC. Several countries recognize same-sex marriage and the right of transgender people to legally change their name and gender. The majority of South American countries have some kind of anti-discrimination law, but no effective mechanisms to enforce these laws. In spite of those progresses, the LAC region registers the highest rate of violence and hate crimes against SGM in the world. Conclusion: In the Caribbean and Mesoamerica the overall discriminatory legislation exacerbates violence against SGM within a social and cultural context of strong sexist, gender stereotypes and widespread violence. This scenario is driving hundreds of SGM to leave their home countries. In spite of progressive legislations, several South American countries are
currently controlled either by highly conservative leaders (e.g. Brazil and Chile) or by repressive dictators (Venezuela). The near future of the LAC region is unknown, but if such trends continue, severe human rights problems, including setbacks in SGM legal protections, are likely.
Keywords
Latin America and the Caribbean (LAC)Multi-country evaluation
Sexual and Gender Minorities (SGM)
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