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Honduras government admits responsibility for transgender woman’s murder

Vicky Hernández killed in San Pedro Sula shortly after 2009 coup

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Vicky Hernández (Photo courtesy of Cattrachas)

The government of Honduras on Monday publicly acknowledged it is responsible for the 2009 murder of a transgender activist.

Vicky Hernández was a trans activist and sex worker with HIV who worked with Colectivo Unidad Color Rosa, an advocacy group that is based in San Pedro Sula, the country’s second largest city.

Hernández’s body was found in a San Pedro Sula street on June 29, 2009, hours after the coup that ousted then-President Manuel Zelaya from power. Hernández and two other trans women the night before ran away from police officers who tried to arrest them because they were violating a curfew.

The Inter-American Court of Human Rights last June issued a landmark ruling that found Honduras responsible for Hernández’s murder. The admission was part of the settlement.

Solicitor General Manuel Antonio Díaz Galeas and Foreign Minister Eduardo Enrique Reina García were among those who attended Monday’s ceremony that took place in front of Colectivo Unidad Color Rosa’s offices. President Xiomara Castro, who took office in January, participated virtually.

Kerry Kennedy, president of Robert F. Kennedy Human Rights, which represented Hernández’s family alongside Cattrachas, a lesbian feminist human rights group that is based in the Honduran capital of Tegucigalpa, also attended alongside Hernández’s mother, Rosa Hernández.

“We should love our children for who they are because they come from the womb,” said Rosa Hernández. “No one has a right to take a life.”

Kennedy noted the Honduran government “has taken the first steps by publicly acknowledging and taking responsibility and apologizing for murdering Vicky.”

Violence and discrimination based on gender identity and sexual orientation remains pervasive in Honduras.

Thalía Rodríguez, a prominent trans activist, was killed outside her Tegucigalpa home on Jan. 11. Cattrachas notes she and Hernández are two of the more than 400 LGBTQ people who have been killed in the Central American country since 2009.

The Inter-American Court of Human Rights ordered Honduras to pay reparations to Hernández’s family and enact laws that protect LGBTQ people from violence and discrimination. Kennedy in her statement noted Castro has pledged “to making these necessary reforms.”

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Central America

US Embassy in Panama condemns brutal attack of transgender woman

Estrella remains in coma at Panama City hospital

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(Washington Blade photo by Michael Key.)

The American, Canadian, Dutch, German and British embassies in Panama have condemned the brutal attack of a transgender woman that has left her in a coma.

Panamanian media reports indicate Estrella, 27, suffered brain damage and lost 90 percent of her teeth when a man attacked her in Panama City on Aug. 16. 

La Prensa, a Panamanian newspaper, on Aug. 18 reported Estrella remains in intensive care at a Panama City hospital and noted her lungs and kidneys are “not functioning.” The newspaper further noted the man who police have charged with the attack had his initial court appearance on Aug. 17. 

Estrella’s mother, Aura Pinzón, told Panamá América, another Panamanian newspaper, her daughter moved to Panama City from David, a city in western Panama that is the capital of the country’s Chiriquí province, three months ago. Pinzón said doctors have told her they don’t expect Estrella to survive.

“We express our profound pain and our solidarity with Estrella, her loved ones and the trans community,” said the embassies in a statement they released on Tuesday. “Trans rights are human rights and all of them should all be protected, without exception. The love and sympathy that many Panamanians have showed for Estrella and their determination to put an end to hate and violence encourages us.”

The Office of the U.N. High Commissioner for Human Rights has also condemned the attack.

Panama does not ban discrimination based on gender identity. The State Department’s 2022 human rights report notes “societal discrimination based on sexual orientation and gender identity, which often led to denial of employment opportunities.”

“Civil society groups alleged continued police harassment of LGBTQI+ individuals as well as high levels of violence against transgender persons,” notes the report. “Transgender activists alleged that a small number of police extorted transgender sex workers.”

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights abroad, last September visited Panama. 

First lady Jill Biden in May 2022 visited a Panama City shelter for people with HIV/AIDS. She announced the U.S. will provide an additional $80.9 million to fight the pandemic in Latin America. 

Pope Francis visited the same shelter in 2019.

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Central America

OAS commission urges Panama to extend marriage rights to same-sex couples

Country’s Supreme Court earlier this year ruled against marriage equality

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Panama Supreme Court (Washington Blade photo by Michael K. Lavers)

The Inter-American Commission on Human Rights has urged Panama to extend marriage rights to same-sex couples.

The Panamanian Supreme Court in a March 1 press release noted six judges in February upheld the country’s prohibition of marriage for same-sex couples. The commission in a March 24 press release said the decision “has a negative impact on the principles of equality and non-discrimination by excluding the possibility of same-sex marriages and the recognition of those celebrated abroad.”

Enrique Jelenszky, a Panamanian citizen who married his husband, John Winstanley, in the U.K., in 2016 filed a lawsuit that sought recognition of their marriage. Álvaro Levy and his husband, Ken Gilberg, who is from the U.S., brought a second marriage equality lawsuit the same year.

Supreme Court Justice Luis Ramón Fábrega in 2017 heard arguments in the two cases that have been combined into one. Human Rights Watch notes three additional same-sex couples have brought marriage equality cases in Panama. 

Neighboring Costa Rica and Colombia are among the jurisdictions in Latin America that have extended marriage rights to same-sex couples.

The Inter-American Court of Human Rights in 2018 published a landmark ruling that recognizes same-sex marriage and transgender rights in the Western Hemisphere. Then-Panamanian Vice President Isabel de Saint Malo said her government would comply with the decision.

Former first lady Lorena Castillo is among those who have publicly backed marriage equality. Prominent religious leaders and officials in the current government remain vehemently opposed.

Iván Chanis Barahona, president of Fundación Iguales, a Panamanian advocacy group, this week told the Washington Blade the commission’s statement “was a very straightforward, categoric and clear reminder that Panama, as a member of the American Convention of Human Rights and as a member of the Inter-American Court of Human Rights, is obliged to secure marriage as the OC2417 (ruling) clearly established.”

“It is disappointing that Panama is not on that track, but it urged Panama to correct and amend this recent decision of the Supreme Court through all possible means, respecting our democratic values,” said Chanis.

“For me and for the work of Fundación Iguales and the work of civil society in Panama it’s very special support from our regional system of human rights to let us know that we are not alone and that we are on the right path of making Panama accountable as a sovereign state, part of the international community, to fulfill their human rights commitments,” he added. “This is a clear precedent that if Panama does not secure marriage and protections of LGBT people and couples in the coming year or years, Panama will lose at the Inter-American Court of Human Rights because the mandate is clear.”

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Central America

Panamanian Supreme Court rejects marriage equality

Inter-American Court of Human Rights ruling applies to Central American country

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Panamanian Supreme Court (Washington Blade photo by Michael K. Lavers)

The Panamanian Supreme Court has upheld the country’s prohibition of marriage for same-sex couples. 

press release the Supreme Court issued on Wednesday notes six judges on Feb. 16 ruled the phrase “between a man and a woman” in Article 26 of Panama’s family code is not unconstitutional. The ruling also upholds a provision of a 2015 law that states “marriage between individuals of the same sex is prohibited.”

The press release notes the court concluded “the norms that provide that marriage should be voluntarily arranged between a man and a woman (who) are legally able to join to make and share a life together, and those that concomitantly prohibit people of the same sex from each other (Article 34, Number 1 of the family code and Article 35 of the Pan-American Code of Private International Law) are objectively and reasonably justified in the general interest of giving precedence to those unions with the potential of establishing families, giving continuity to the human race and, therefore, to society.”

“The ruling indicates that there is a reality, and that is, until now, the right to marriage equality is no more than an aspiration that, although legitimate for the groups involved, does not fall into a the category of a human right or a fundamental right, being that it lacks conventional and constitutional recognition,” notes the press release.

The court has yet to release the ruling itself.

Enrique Jelenszky, a Panamanian citizen who married his husband, John Winstanley, in the U.K., in 2016 filed a lawsuit that sought recognition of their marriage. Álvaro Levy and his husband, Ken Gilberg, who is from the U.S., brought a second marriage equality lawsuit the same year.

Supreme Court Justice Luis Ramón Fábrega in 2017 heard arguments in the two cases that have been combined into one. Human Rights Watch notes three additional same-sex couples have brought marriage equality cases in Panama. 

Neighboring Costa Rica and Colombia are among the jurisdictions in Latin America that have extended marriage rights to same-sex couples.

The Inter-American Court of Human Rights in 2018 published a landmark ruling that recognizes same-sex marriage and transgender rights in the Western Hemisphere. Then-Panamanian Vice President Isabel de Saint Malo said her government would comply with the decision.

Former first lady Lorena Castillo is among those who have publicly backed marriage equality. Prominent religious leaders and officials in the current government remain vehemently opposed.

“This is clearly a ruling that has the intention to not only deny our human rights, but it is an activist-type of ruling if you think about it,” Iván Chanis Barahona, president of Fundación Iguales, a Panamanian advocacy group, told the Washington Blade on Wednesday during a WhatsApp interview.

Chanis said it is too soon to discuss a potential post-ruling strategy, but he did note Panama continues to violate the Inter-American Court of Human Rights ruling because same-sex couples cannot legally marry in the country.

“Technically Panama violated international law, violated international human rights law, violated the Inter-American system ruling,” said Chanis.

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