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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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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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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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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)” It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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