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Inter-American court rules in favor of lesbian religion teacher in Chile

Sandra Pavez Pavez fired in 2007

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Sandra Pavez Pavez (Photo courtesy of Movimiento de Integración y Liberación Homosexual)

The Inter-American Court of Human Rights on Wednesday ruled Chile is responsible for the discriminatory treatment of a teacher who was removed from her position in 2007 because she is a lesbian.

Sandra Pavez Pavez had worked as a Catholic religion teacher since 1985 at Colegio Municipal Cardenal Antonio Samoré in San Bernardo, a city that is just south of the country’s capital of Santiago. The Chilean Catholic Church on July 25, 2007, revoked her certification that the Chilean Ministry of Education required to work as a religion teacher.

The reason?

Pavez came out as a lesbian after a rumor indicated she was in a relationship with another woman. Pavez also refused to undergo psychological and psychiatric therapies the church offered her in order to change her sexual orientation.

The clergy acted under the Ministry of Education’s Decree 924, which the Pinochet dictatorship issued in 1983, that “regulates religion classes in educational establishments” and empowers churches to decide who may or may not teach the subject.

El Movimiento de Integración y Liberación Homosexual (Movilh), Chile’s main LGBTQ rights group, appealed the decision to the San Miguel Court of Appeals. It was rejected and the Supreme Court upheld the ruling.

Both Chilean courts ruled Pavez had not suffered discrimination under Decree 924, so Movilh sued Chile in the Inter-American Court of Human Rights.

More than a decade later, the court ruled “the State of Chile is responsible for the violation of the rights to equality and non-discrimination, personal liberty, privacy and work, recognized in the American Convention on Human Rights, to the detriment of Sandra Pavez Pavez, for the discriminatory treatment she suffered … based on her sexual orientation.”

“At no time were the effects that this measure would have on Sandra Pavez Pavez’s personal life or on her teaching vocation taken into account,” reads the decision. “The court determined that the right to work was compromised to the extent that, through the reassignment of functions, her teaching vocation was undermined and constituted a form of job demotion.”

As part of the resolution, the court ordered comprehensive reparation measures that include a public act of recognition of international responsibility and guarantees of non-repetition.

Chile is also required to amend its policies towards educational institutions, pay Pavez $35,000 in material and non-material damages and another $30,000 in costs and expenses.

‘This is a historic moment’

Pavez retired in January without being able to return to the classroom.

“I am very happy because from now on, with this sentence, in no country in America will teachers, and in particular religion teachers, be able to be discriminated against because of their sexual orientation or gender identity,” said Pavez. “Religious freedom and the right of parents to educate their children can no longer be used as an excuse to discriminate against LGBTIQA+ people. This is a historic moment not for me, but for all discriminated people.”

“It was 15 years of struggle after my country denied me the right to practice the profession I studied and loved so much,” she added. “I regret that the discrimination I suffered at the hands of the church and the Supreme Court was accompanied by the total silence of successive governments in Chile, which never showed solidarity with my cause. I trust that the current government will turn things around and fully comply with the sentence.”

Movilh President Rolando Jiménez said “we are in the presence of an act of justice in the face of some of the most brutal abuses suffered by a person because of their sexual orientation or gender identity in Chile.”

“In an unprecedented event in the world, Sandra Pavez has defeated the State, but also all the churches in the country that last year united for the first time in its history to appeal to the Inter-American Court to deny rights to the teacher under an alleged religious freedom,” added Jiménez. “The court has been clear, the State cannot discriminate on the basis of sexual orientation or gender identity, nor can it allow churches to do so. This is a landmark ruling, a double triumph over religious and State abuses.”

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Belarus

Belarusian lawmakers approve bill to crackdown on LGBTQ rights

Country’s president known as ‘Europe’s last dictator’

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(Photo by eugenef/Bigstock)

Lawmakers in Belarus on Thursday approved a bill that would allow the government to crack down on LGBTQ advocacy.

The Associated Press notes the bill would punish anyone found guilty of “propaganda of homosexual relations, gender change, refusal to have children, and pedophilia” with fines, community labor, and 15 days in jail.

The House of Representatives, the lower house of the Belarusian National Assembly, last month approved the bill. The Council of the Republic, which is the parliament’s upper chamber, passed it on Thursday.

President Alexander Lukashenko is expected to sign it.

Belarus borders Poland, Ukraine, Russia, Latvia, and Lithuania. Lukashenko — known as “Europe’s last dictator” is a close ally of Russian President Vladimir Putin.

Kazakhstan is among the countries that have enacted Russian-style anti-LGBTQ propaganda laws in recent years.

Vika Biran, a Belarusian LGBTQ activist, is among those arrested during anti-Lukashenko protests that took place in 2020 after he declared victory in the country’s presidential election.

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Kenya

Kenyan advocacy groups launch LGBTQ voter mobilization campaign

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Kenyan flag (Photo by rarrarorro/Bigstock)

As Kenya prepares for next year’s August general election, local queer rights groups have joined Gen Zers in also mobilizing their members to register as voters. 

The groups’ drive began ahead of the electoral commission’s official launch of a one-month nationwide mass voter registration on March 30, targeting 6.5 million new voters to bring the total to more than 28 million. 

The groups — led by the Initiative for Equality and Non-Discrimination (INEND) and Galck+ — note that politics is not optional, but rather it is “our responsibility” to use the ballot to put an end to bad leadership and discriminatory laws against them. 

“Voting is one of the most powerful ways we exercise our autonomy and remind the State that our human rights are not ‘Western imports’; our struggles for housing, employment, safety, and dignity are fundamentally Kenyan issues,” INEND states. 

It reminds queer individuals that the nation entrusts them with an identity card at age 18 as a recognition of their ability to make decisions, follow laws, and take responsibility for the country’s future. 

INEND also notes that despite this honor, LGBTQ people get kicked out of their homes due to homophobia, are discriminated against at work, and face violence in public places due to the punitive laws that the same State legislates. 

“As queer Kenyans, our vote matters,” INEND states. “Our voice belongs in the democratic and governance conversations, and true democracy includes everyone.”

Some voter mobilization initiatives the queer lobby groups have been using include ‘Queering the Ballot’ Podcasts on civic participation, dubbed ‘Your Vote is Your Future’. The topics explored include how laws shape their lives, the relationship between lived experiences of common citizens, discrimination fatigue, distrust in government systems, and voter apathy. 

The groups through the mobilization drive hope to create a queer voting bloc to actively participate in restructuring and reconstructing the existing governance system they argue has been a problem for them. They maintain the queer community navigates a system that was not built for them from its questioning of their right to exist, yet the Kenyan Constitution clearly states that no citizen should be discriminated against based on sexual orientation or gender identity.   

The Court of Appeal next month will hear a case challenging the constitutionality of provisions in Kenya’s Penal Code that criminalize consensual same-sex relationships among adults. The appeals court postponed the case after adjourning on Feb. 4, its first substantive hearing since the High Court judgement in 2019. 

“Change requires more than pointing fingers. It requires reflection, action, and showing up, especially at the ballot box as LGBTQ Kenyan citizens and declaring that this is our country, our business, and we can no longer watch from the sidelines,” INEND states. 

The group notes that they want a governance system that embraces queer people as they go about their daily lives without any form of homophobic discrimination, harassment, or arrests. Queer people are therefore urged to pick the right leaders who listen to them in Kenya’s six elective positions, from the president down to the local government representatives, as their decisions while in power affect them. 

“It is very irresponsible for any human being, even around the world, to assume that they don’t have political responsibility. It is easy and sounds fancy to say ‘I don’t like politics,’ but it does not make one good as it makes one abandon their political responsibility as a citizen,” INEND states.

The groups are also concerned with the existing homophobia among Kenyans, especially whenever they join them in street protests against the government’s punitive measures or advocating for change. However, they maintain that the LGBTQ community won’t be left behind despite being marginalized in society, yet they are the most affected group when the government raids people’s pockets for taxes.      

“Now we are moving from the margins to the centre of this political conversation early enough to ensure that our community sees the sense because if we live in a country that doesn’t work, we will be the most affected,” INEND states. 

INEND, with the National Gay and Lesbian Human Rights Commission and Galck+, last November launched the second Queering the Ballot Campaign and the 2024 Situation Report on queer participation in Kenya’s democracy. 

The report surveyed 14 of the country’s 47 local governments, whose key findings affirm that queer Kenyans are not outsiders to democracy but its heartbeat.   

“The title ‘Our Vote, Our Future: LGBTQ+ Inclusion in Democratic and Governance Processes’ in Kenya is an ode to the spirit of the queer movement in Kenya; unshaken in the face of adversity, determined in its pursuit of justice, and unrelenting in demand to be seen, heard and counted in democratic and political processes,” reads the report forwarded by former Chief Justice Willy Mutunga.         

The report calls on Parliament, the Independent Electoral and Boundaries Commission, the County Assemblies, and every Kenyan to make inclusion not symbolic but systemic. 

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Hungary

JD Vance to travel to Hungary next week

Country’s elections to take place on April 12

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Vice President JD Vance speaks at CPAC on Feb. 20, 2024. He and his wife, Usha Vance, will travel to Hungary next week. (Washington Blade photo by Michael Key)

Vice President JD Vance and his wife, second lady Usha Vance, will visit Hungary next week.

An announcement the White House released on Thursday said the Vances will be in Budapest, the Hungarian capital, from April 7-8.

JD Vance “will hold bilateral meetings with” Hungarian Prime Minister Viktor Orbán. The announcement further indicates the vice president “will also deliver remarks on the rich partnership between the United States and Hungary.”

The Vances will travel to Hungary less than a week before the country’s parliamentary elections take place on April 12.

Orbán, who has been in office since 2010, and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

The Associated Press notes polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party.

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