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Inter-American court rules Honduras responsible for transgender woman’s murder

Vicky Hernández killed after 2009 coup

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Vicky Hernández (Photo courtesy of Cattrachas)

Reportar Sin Miedo is the Washington Blade’s media partner in Honduras. Reportar Sin Miedo published an original version of this article on their website on Monday.

TEGUCIGALPA, Honduras — In an unprecedented decision in the history of Honduras, the Honduran state was found guilty today of the extrajudicial execution of transgender activist Vicky Hernández, which occurred on the night of June 28-29, 2009.

The crime occurred during a curfew after the coup that overthrew former President Manuel Zelaya to install Roberto Micheletti’s de facto government.

The Inter-American Court of Human Rights’ ruling against the Honduran state is a milestone in the history of justice in the country and for LGBTIQ+ populations in Latin America.

This ruling, unprecedented in Honduran history, came after 12 years of struggle by Hernández’s family and a team of professionals led by Red Lésbica Cattrachas, Robert F. Kennedy Human Rights and other Honduran organizations.

The ruling against the Honduran state, and in favor of Vicky’s family, is an extraordinary event that will result in more protection for all trans, lesbian, gay and bisexual people in Honduras. It is also a precedent for any LGBTIQ+ person violated in Latin America due to discrimination.

Twelve years of fighting for Vicky

The court’s decision against the state of Honduras is the culmination of 12 years of work by a team of lawyers and Hernández’s family. The trans activist was 26-years-old when she was murdered by state security forces, according to her lawyers’ arguments.

The defense work culminated in two virtual hearings before the court in November 2020 in which experts and witnesses from Honduras and the rest of the Americas participated.

Hernández’s lawyers throughout the hearings argued that the Honduran state security forces were responsible for her death, since they were the only ones who could move freely through the streets of San Pedro Sula during the post-coup curfew.

The defense also argued that the State did not perform an autopsy on the corpse or hid it with the excuse that Hernández suffered from HIV/AIDS.

For Cattrachas Coordinator Indyra Mendoza, the important thing is to get “the court to rule on the extrajudicial execution and to investigate the chain of command. Why? Because this makes us equal in the Honduran collective imaginary.”

Justice for all

With today’s guilty verdict against the state of Honduras, justice has been achieved not only for Vicky’s death, because 14 trans women, 16 gay men and many more people were murdered during the coup, according to Mendoza.

This unprecedented sentence means more than justice in Vicky’s case.

“This is the opening for them to see that no struggle is exclusive to one group of people,” Mendoza adds. “If the amnesty given in the coup d’état is eliminated, it would be a great LGTBI contribution to this country where the human rights of journalists, lawyers, defenders of indigenous territories, Garifunas and villagers are violated.”

Vicky Hernández’s mother with her other daughter, Tatiana. (Photo courtesy of Reportar Sin Miedo)

It is a huge win for Vicky’s mother, Rosa Hernández, who has been demanding “justice for all” for 11 years.

“They have to respect the rights of them for being trans and of them for being lesbians, because they are human. Why discriminate against them? There can’t be discrimination,” adds Rosa, who is 66-years-old.

This brave woman has been at the forefront of the struggle to vindicate the memory of trans women from San Pedro Sula, in northern Honduras, for the past 11 years. With this ruling, her dream of justice is fulfilled.

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Transgender Mexicans receive amended birth certificates at country’s consulates

New policy announced Wednesday in Mexico City

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(Washington Blade photo by Michael K. Lavers)

Mexico’s Foreign Affairs Ministry on Wednesday announced transgender people who were born in Mexico can receive an amended birth certificate at any of the country’s consulates.

Foreign Affairs Secretary Marcelo Ebrard is among those who spoke at a ceremony at the Foreign Affairs Ministry in Mexico City where he and other officials detailed the policy. Trans Congresswomen Salma Luévano and María Clemente García attended alongside Sen. Malú Micher, trans activist Jessica Marjane and Amicus Director Juan Pablo Delgado are among those who attended.

Amicus, an advocacy group that is based in the state of Guanajuato, represented two trans Mexicans who brought legal action after consulates in the U.S. denied their request for birth certificates that correspond with their gender identity.

Victory Institute International Programs Manager Mateo de la Torre in 2019 sought legal recourse, known as an “amparo” in the Mexican judicial system, after the Mexican Consulate in D.C. said it could not change the sex on his birth certificate.

Delgado earlier this week told the Washington Blade during a telephone interview from Guanajuato that one judge asked De La Torre to file his “amparo” in person in Tijuana because his signature did not correspond with the one on his Mexican ID. Delgado said a trans woman from Guanajuato filed her own “amparo” in 2021 after the Mexican Consulate in Houston said it could not issue her an amended birth certificate.

Trans Mexicans who want to receive an amended birth certificate need to provide their original document, but Delgado told the Blade that consulates can access them through a data base. De La Torre on Wednesday received an amended birth certificate at the Mexican Consulate in D.C.

“This birth certificate comes after a decade of living in my truth as a transgender man and after years of advocating for my right to be recognized as such,” De La Torre told the Blade. “In Mexico and abroad, many trans people face discrimination, violence and endless bureaucratic hurdles in their fight for legal recognition, and after all this time I am most grateful for the ability to vote in my country’s elections.”

“This new process has the possibility of being life saving for many of our most vulnerable community members, and I will continue to advocate for the day that all trans people living in Mexico are also afforded the right to a process that is free of discrimination and based on self-attestation,” added De La Torre.

Delgado described the new policy as “a great advancement towards the recognition of gender identity” in Mexico.

“It’s a super important advancement,” said Delgado.

Delgado noted Mexico City and 18 of Mexico’s 32 states currently allow trans people to receive birth certificates that correspond to their gender identity.

The Mexican Senate has passed a bill that would codify the Foreign Affairs Ministry policy into law. The measure is now before the Mexican Chamber of Deputies, which is the lower house of the country’s Congress.

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Polish House passes bill echoing Russia “gay propaganda” law

Measure passed on Jan. 13 by 227-214 vote margin.

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The Polish parliament's lower House, the Sejm (Screenshot via Polish government Sejm RP YouTube)

A measure that would give school administrators and superintendents the power to remove books, lessons, and ban student participation in events or clubs that are LGBTQ affirming passed the lower house of Poland’s parliament, known as the Sejm, on Jan. 13 in a 227-214 vote.

The measure, dubbed “Lex Czarnek,” or “Czarnek’s Law,” after Education Minister Przemysław Czarnek,  who has been vehemently opposed to the LGBTQ rights and the country’s equality movement, now moves on to the upper house, the Senate where it faces opposition and likely will be rejected Polish broadcast media outlet RMF 24 reported.

According to RMF24, “The Sejm adopted the amendment to the Educational Law, prepared by the Ministry of Education and Science. The project is commonly known as ‘Lex Czarnek.’ The role of school superintendents will be strengthened, and the rules governing the functioning of non-governmental organizations in schools and educational institutions will be changed.”

Opposition to LGBTQ rights has an ally in the education minister whose role would determine the outcome of implementation of the measure:

“Pursuant to the amendment, the headmaster of the school or facility will be required — no later than two months before the commencement of classes conducted by associations or organizations —to obtain detailed information about the action plan in the school, the outline of classes and materials used in the offered classes, as well as obtain a positive the opinion of the education superintendent for the activities of such an organization at school or in an institution. The curator has 30 days to issue an opinion.”

The law also contains a stipulation that “if the head of the school or educational institution fails to comply with the recommendations issued by the school superintendent, he will be able to summon him to explain why he did not do so. If the principal still does not follow the recommendations, the probation officer may apply to the governing body of the school or facility with a request to dismiss the principal during the school year, without notice.”

A member of the Sejm, Agnieszka Dziemianowicz-Bąk, a progressive leftist politician who in addition to protesting against abortion laws, has also been active in protests for LGBTQ rights, tweeted her outrage; “The voice of the curator Nowak, as if it were not stupid and dangerous to health and life, is more important for PiS deputies than the voice of students, parents and teachers.”

The MP and Czarnek, target of Dziemianowicz-Bąk’s anger, has staked out several public vitriolic anti-LGBTQ positions that has included an attack on the LGBTQ community in West Hollywood.

Speaking with a reporter on Serwis Info Poranek with the national state-run TVP Info (TVP3 Polska) last June, the newly appointed education minister said (translated from Polish):

“Let’s end the discussion about these LGBT abominations, homosexuality, bisexuality, parades of equality. Let us defend the family, because failure to defend the family leads to what you see.

As he spoke these words, he was holding a phone in his hand, on the display of which he showed a picture of several people.

“These are the Los Angeles guys in downtown last June. I was on a delegation there, I was passing through, there was a so-called gay pride parade there,” he added. “We are at an earlier stage, there are no such things with us yet, but such chaps shamelessly (sic.) Walk the streets of the western city of Los Angeles,” he added.

Przemysław Czarnek (Screenshot via Serwis Info Poranek)

Serwis Info Poranek also noted that according to Czarnek, “Europe is also heading for this, Poland is heading for this … These people are not equal to normal people, let’s end this discussion.”

During the ongoing battles over the so-called LGBTQ “Free Zones” with the European Commission Czarnek weighed in comparing the LGBTQ community to the Nazis.

“There’s no doubt, that LGBT+ ideology grew out of … the same root as Germany’s Hitlerian National Socialism, which was responsible for all the evil of World War II,” Czarnek said as PinkNewsUK reported.

Renew Europe, the liberal, pro-European political group of the European Parliament tweeted its outrage over the actions by the Sejm:

Observers think that the law will be rejected by the senate although under the Polish constitution there is still a possibility it could be signed off on by the anti-LGBTQ Polish President Andzej Duda.

PinkNewsUK reports:

“Although it seems that Lex Czarnek is on track to becoming law, Rémy Bonny, executive director of pan-EU LGBT+ rights organisation Forbidden Colours, insists that all is not lost.

With pressure from politicians both in the EU and around the world, Poland could be forced to backtrack.

He told PinkNewsUK that “in September, after threats by the European Commission to take away funding, four out five provinces that declared themselves ‘LGBT+ free zones’ withdrew their anti-LGBT+ resolutions … International pressure on Poland works.”

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Murdered Honduran transgender activist buried

Thalía Rodríguez shot outside her home on Monday

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The funeral of Thalía Rodríguez in Tegucigalpa, Honduras, on Jan. 11, 2022. (Photo courtesy of Reportar sin Miedo)

The Washington Blade on Thursday published a Spanish-language version of this story from Reportar sin Miedo, the Blade’s media partner in Honduras.

A prominent transgender activist in Honduras who was murdered on Monday has been buried.

Reportar sin Miedo reported activists are among those who attended Thalía Rodríguez’s funeral that took place in Tegucigalpa, the country’s capital, on Tuesday.

Rodríguez led Asociación Cozumel Trans, a Honduran trans rights group.

The U.S. Embassy in Honduras, the Office of the U.N. High Commissioner for Human Rights in Honduras and the U.N. Refugee Agency have all condemned Rodríguez’s murder. U.S. Agency for International Development Administrator Samantha Power in a tweet said she was “horrified” by the murders of Rodríguez and Pablo Hernández, a leader in Honduras’ indigenous Lenca community who was killed on Sunday near San Marcos de Caiquín, a municipality in the country’s Lempira department, while he was on his way to church.

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