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Report documents anti-trans violence, bias in Brazil

Gay congressman said problem has ‘long history’ in country

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Jean Wyllys, Brazil, gay news, Washington Blade
Jean Wyllys, Brazil, gay news, Washington Blade

Gay Brazilian Congressman Jean Wyllys (Photo courtesy of Jean de Wyllys)

A D.C.-based international human rights organization earlier this month released a report that documents violence and discrimination against transgender Brazilians of African descent.

The Global Rights report includes statistics from the Brazilian Secretariat of Human Rights that indicate trans Brazilians accounted for slightly more than half of the 300 reported LGBT murder victims in the country last year. The group noted an estimated 52 percent of them were people of color.

Grupo Gay da Bahia, a Brazilian advocacy group that has tracked anti-LGBT violence in Brazil for nearly two decades, said it saw a 21 percent increase in LGBT murders in the country between 2011 and 2012. The organization reported 128 of the 338 reported LGBT homicide victims in Brazil in 2012 were trans.

Grupo Gay da Bahia further noted 250 LGBT Brazilians have been killed so far this year. The Inter-American Commission on Human Rights reported 20 trans people were murdered in Brazil in August and September.

The Global Rights report also cites additional statistics that show the homicide rate among Brazilians of African descent rose 5.6 percent between 2002 and 2010, compared to the 24.8 percent decline in these crimes among white Brazilians during the same period.

The Global Rights report also documents pervasive discrimination against trans Brazilians of African descent in law enforcement and employment and in the country’s education and health care systems because of their gender identity and expression and race.

The organization says Brazilian police frequently force trans women of color to strip naked in public and use racial, transphobic and homophobic slurs against them. The Global Rights report also documents cases where authorities transport trans suspects and detainees in the trunks of police cars and other confined spaces.

It also cites a researcher who documents anti-trans discrimination in Brazil that concluded an estimated 90 percent of trans women in the country are functionally illiterate due to discrimination they experienced in the Brazilian education system. A 2012 study from the Latin American School of Social Sciences, which is an inter-governmental initiative that UNESCO founded in the late 1950s, found roughly 51 percent of Brazilians of African descent are functionally illiterate.

“With a reality marked by multiple forms of discrimination, the LGBT community in Brazil has struggled to ensure that the human rights to life and public policies reach these groups,” Naiara Leite of the Odara Black Woman’s Institute in the city of Salvador said during a hearing on violence against trans Brazilians of African descent that the Inter-American Commission of Human Rights held in D.C. on Oct. 29. “Over the last few years, the Brazilian LGBT rights movement has been greatly concerned with the excessive increase of murders and violence against gays, lesbians, bisexuals and most importantly with the increase in violence against trans people.”

Brazil is among the 15 countries in which same-sex couples can legally marry.

Then-President Fernando Henrique Cardoso in 1997 created what became known as the Secretariat for Human Rights. Brazil in 2003 became the first country in the world to establish a government ministry specifically charged with promoting racial equality.

Brazilian Congressman Marco Feliciano in March became president of the Commission for Human Rights and Minorities in the lower house of Brazil’s Congress amid controversy over anti-gay and racist statements he posted to his Twitter account. Gay Congressman Jean Wyllys and other commission members resigned in protest of Feliciano’s election and formed a separate human rights caucus that lacks legislative authority.

The Commission for Human Rights and Minorities last week approved a measure that would suspend the National Council of Justice ruling in May that opened the door to same-sex marriage in South America’s largest country. Commissioners also backed a proposal that seeks to hold a national referendum on gay nuptials and rejected a bill that would have extended tax and legal benefits to same-sex couples and their dependents.

“If there is a country in the world that has made efforts in combating racial discrimination it is Brazil,” Carlos Quesada of Global First said during the Inter-American Commission on Human Rights hearing. “In spite of these efforts to promote human rights, the reality in the country is different.”

João Guilherme Maranhão of the Brazilian Ministry of Foreign Relations defended his country’s LGBT rights record during the hearing.

He noted Brazil and Uruguay were the first countries to introduce an LGBT rights resolution to the United Nations in 2007.

The Organization of American States during its 2008 general assembly adopted an anti-LGBT violence resolution that Brazil introduced. Maranhão noted to the commission it has subsequently been renewed and expanded.

“The situation of violence faced by transsexuals and transvestites in Brazil is an issue that merits the state’s attention,” he said.

Wyllys, who represents the state of Rio de Janeiro in the Brazilian Congress, told the Washington Blade earlier this month that discrimination against trans people of African descent has “a long history in Brazil.”

“The trans population is less educated and the most vulnerable to experience sexual and police violence,” he told the Blade during an interview from Brasilia, the country’s capital.

Wyllys added he feels President Dilma Rousseff has responded “shamefully” to the problem.

The Global Rights report specifically calls upon Rousseff to condemn “all incidents of discrimination, violence and human rights violations” against trans and other LGBT Brazilians of African descent. It also calls upon her government to develop a comprehensive plan to address the aforementioned issues.

The organization also urges Brazilian lawmakers to ban anti-LGBT discrimination and violence.

“We need more political and public discourse to increase understanding,” he said.

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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