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Human Rights Watch in new report criticizes Jordanian government

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(Los Angeles Blade graphic)

Jordan

King Abdullah (Photo courtesy of the Jordanian Embassy in the U.S.)

The government of Jordanian King Abdullah have systematically targeted lesbian, gay, bisexual and transgender rights activists and coordinated an unlawful crackdown on free expression and assembly around gender and sexuality, Human Rights Watch said in a report released earlier this month.

In its Dec. 4 report, HRW documented cases in which Jordan’s General Intelligence Department (GID) and the Preventive Security department of the Public Security Directorate interrogated LGBTQ activists about their work, and intimidated them with threats of violence, arrest and prosecution, forcing several activists to shut down their organizations, discontinue their activities and in some cases, flee the country. 

Government officials also smeared LGBTQ rights activists online based on their sexual orientation, and social media users posted photos of LGBTQ rights activists with messages inciting violence against them.

“Jordanian authorities have launched a coordinated attack against LGBT rights activists, aimed at eradicating any discussion around gender and sexuality from the public and private spheres,” said Rasha Younes, senior LGBT rights researcher at Human Rights Watch. “Security forces’ intimidation tactics and unlawful interference in LGBT organizing have driven activism further underground and forced civil society leaders into an impossible reality: severe self-censorship or fleeing Jordan.”

Three activists said the Amman governor interrogated them after they preemptively cancelled the screening of a film depicting gay men. Two LGBTQ organization directors said that because of official intimidation, they were forced to close their offices, discontinue their operations in Jordan and flee the country.

One activist said Preventive Security officers made him sign a pledge that he would report all his venue’s activities to the governor. Another activist reported being targeted online while social media users called for him to be burned alive.

One of the few LGBTQ rights activists who has remained in Jordan described her current reality: “Merely existing in Amman has become terrifying. We cannot continue our work as activists, and we are forced to be hyperaware of our surroundings as individuals.”

More recently, in October 2023, an LGBTQ rights activist said he was summoned for investigation by the intelligence agency. During the interrogation, the activist said intelligence officers searched his phone, intimidated him and threatened him with a travel ban, while asking personal questions about his sexual orientation and sexual relations with other men. After three hours of questioning, the activist said the officers told him he could leave.

“They [Jordanian authorities] invest in intimidation to destroy our minds and isolate us,” the activist said. “Their tactic is to target us mentally, leaving no evidence of our torment behind.”

Jordan’s constitution protects the rights to nondiscrimination (article 6), the right to personal freedom (article 7), and the right to freedom of expression and opinion (article 15).

The International Covenant on Civil and Political Rights, to which Jordan is a state party, provides that everyone shall have the right to freedom of expression, assembly and association. The ICCPR, in its articles 2 and 26, guarantees fundamental human rights and equal protection of the law without discrimination. 

The U.N. Human Rights Committee, which interprets the covenant, has made clear that discrimination based on sexual orientation and gender identity is prohibited in upholding any of the rights protected by the treaty, including freedom of expression, assembly and association.

France

Openly gay French Sen. Hussein Bourgi speaks at a ceremony in Clermont-l’Hérault in the Hérault district he represents. (Photo courtesy of Hussein Bourgi’s Facebook page)

Legislation that was introduced last month by the openly gay Socialist Senator Hussein Bourgi to acknowledge the French state’s responsibility in the criminalization and persecution of gay men between 1945 and 1982 was adopted.

However, the section of bill that called for compensation of the victims of French homophobic laws, in effect during that period by offering them a lump sum of €10,000 ($10,752.75) was not approved.

Speaking with various French media outlets, Bourgi, who authored the bill, said: “It is high time to bring justice to the living victims of legislation which served as the basis for a politics of repression with brutal and punishing social, professional and familial consequences.”

Agence France-Presse reported

Bourgi’s text focuses on a 40-year period following the introduction of legislation that specifically targeted homosexuals under the Nazi-allied Vichy regime. The 1942 law, which was not repealed after the liberation of France, introduced a discriminatory distinction in the age of consent for heterosexual and homosexual sex, setting the former at 13 (raised to 15 at the Liberation) and the latter at 21.

Some 10,000 people — almost exclusively men, most of them working-class — were convicted under the law until its repeal in 1982, according to research by sociologists Régis Schlagdenhauffen and Jérémie Gauthier. More than 90 percent were sentenced to jail. An estimated 50,000 more were convicted under a separate “public indecency” law that was amended in 1960 to introduce an aggravating factor for homosexuals and double the penalty. 

“People tend to think France was protective of gay people compared to, say, Germany or the UK. But when you look at the figures you get a very different picture,” said Schlagdenhaufen, who teaches at the EHESS institute in Paris. 

“France was not this cradle of human rights we like to think of,” he added. “The revolution tried to decriminalise homosexuality, but subsequent regimes found other stratagems to repress gay people. This repression was enshrined in law in 1942 and even more so in 1960.” 

The legislation won the backing of Justice Minister Éric Dupond-Moretti in President Emmanuel Macron’s government. However, Dupond-Moretti agreed with the removal of the compensation provision by the right-wing and center senatorial majority. Dupond-Moretti justified this choice noting concerns over “legal difficulties,” telling French magazine Le Monde that “putting into practice” of this compensation measure “appears extremely complex” due to the difficulty of providing proof of an old conviction and its execution.

The Dupond-Moretti added “It was not the law which was responsible for this harm” but “French society, homophobic in all its components at the time” adding, “This is not the fault of the Republic. The law of memory is enough.”

The bill must now be taken up by the lower house, the National Assembly, to be passed and then adopted.

Scotland

The Scottish Parliament in Edinburgh (Photo courtesy of the Scottish government)

The Court of Session in Edinburgh has ruled that Prime Minister Rishi Sunak’s U.K. government acted within the law by invoking Section 35, which blocked the measure passed by the Scottish Parliament, that would have make it easier for transgender people to change their legally-recognized sex on documents.

The actions by Scottish Secretary Alister Jack, with Sunak’s backing kept the act from receiving the signature of King Charles III and becoming law. 

The Gender Recognition Reform bill was introduced by the Scottish government in the country’s Parliament in the spring of 2022 was passed in a final 86-39 vote days before last Christmas. The sweeping reform bill modifies the Gender Recognition Act, signed into law in 2004, by allowing trans Scots to gain legal recognition without the need for a medical diagnosis.

The measure further stipulates that age limit for legal recognition is lowered to 16.

In a statement released in January of this year, Jack said:

“After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation. 

Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters. 

I have not taken this decision lightly. The bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.”

The Scottish government sued Westminster in the Court of Session, Scotland’s highest civil court, arguing that Jack did not have “reasonable grounds” to block the bill. The BBC reported that in her ruling for the UK governments, Judge Lady Haldane dismissed the Scottish government’s appeal and said the block on the legislation was lawful.

Haldance noted that Jack followed correct legal procedures when he made his decision to invoke section 35 and that the Scottish government had failed to show that he had made legal errors.

The judge wrote: “I cannot conclude that he (Mr. Jack) failed in his duty to take such steps as were reasonable in all the circumstances to acquaint himself with material sufficient to permit him to reach the decision that he did.”

Haldane also said that “Section 35 does not, in and of itself, impact on the separation of powers or other fundamental constitutional principle. Rather it is itself part of the constitutional framework.”

Stonewall UK, the nation’s largest LGBTQ advocacy group, expressed its disappointment with Haldane’s ruling in a statement released this past week: 

“We’re disappointed that the Court of Session in Scotland has found in favour of the UK government’s unprecedented decision to use Section 35 to block the Gender Recognition Reform Bill from Royal Assent. This bill was one of the most debated in the Scottish Parliament’s history and was passed by a resounding majority of MSPs drawn from all major Scottish parties.

This unfortunately means more uncertainty for trans people in Scotland, who will now be waiting once again, to see whether they will be able to have their gender legally recognised through a process that is in line with leading nations like Ireland, Canada and New Zealand.

Whatever happens next in discussions with the UK and Scottish governments on this matter, Stonewall will continue to press all administrations to make progress on LGBTQ+ rights in line with leading international practice.”

UNITED KINGDOM

Labor MP Chris Bryant speaking in the House of Commons. (Screenshot of the British government’s YouTube channel)

Anti-LGBTQ rhetoric used by British Equalities Minister Kemi Badenoch during her speech on the floor of the House of Commons on Dec. 6, prompted Labor MP Chris Bryant, an openly gay lawmaker, to rise in opposition and declare her speech left him feeling unsafe. 

The debate was triggered by Badenoch claiming that the UK does not recognize self-ID from overseas countries for trans people, PinkNewsUK reported. In his retort to her statements, Bryant explained: “I feel, as a gay man, less safe than I did three years or five years ago.”

PinkNewsUK also noted that Bryant said: “Why? Sometimes because of the rhetoric that is used, including by herself [Badenoch] in the public debate.” He added that some MPs had cheered for Badenoch’s statements on the trans community, and for statements against gender-affirming care for trans people, which could lead to LGBTQ people feeling even less safe in the UK. 

“Many of us feel less safe today, and when people over there cheer as they just did, it chills me to the bone, it genuinely does,” Bryant said. 

She hit back with force, challenging him to identify which words precisely were so problematic. She later criticized the attempts of trans activists to use emotional blackmail to try to shut down debate.

The UK government has updated the list of countries from which gender-certificates will be accepted.

Replying to Bryant, Badenoch said: “He says that my rhetoric chills him to the bone. I would be really keen to hear exactly what it is I have said in this statement or previously that is so chilling.” She added that the current Tory government had done work on “our HIV action plan” and “around trans healthcare,” as well as “establishing five new community-based clinics for adults in the country.”

“There is a lot that we are doing, so it is wrong to characterize us as not caring about LGBT people,” she said. 

Bryant’s colleague, Ben Bradshaw, also failed to get the better of Badenoch. He complained the UK had recently fallen in a set of international rankings on LGBTQ rights. She calmly pointed out that those rankings reward states that adopt the Stonewall-supported policy of self-ID and punish those who do not. To cheers from the Tory benches, she declared “Stonewall does not decide the law in this country,” referring to Stonewall UK, the nation’s largest LGBTQ advocacy group.

POLAND

Donald Tusk signing Parliamentary documents. (Photo courtesy of the Polish government)

In a turn of events Monday, the lower house of the national legislature of Poland, elected Donald Tusk as the new prime minister after Prime Minister Mateusz Morawiecki failed to win a vote of confidence by lawmakers in his government.

248 MPs voted for the election of Tusk as prime minister, 201 were against and no one abstained in the 460-seat lower house of Parliament.

“This is a truly wonderful day, not only for me, but for all those who have deeply believed for many years that things will get even better, that we will chase away the darkness, that we will chase away evil,” the 66-year-old new prime minister told Parliament after his election.

There had been considerable turmoil in the Polish government, particularly in Parliament, as many accused the ruling conservative right-wing PiS (Law and Justice Party) of Jarosław Kaczyński, who until last month held the post of deputy prime minister, of leading the country backwards into an authoritarian state.

The PiS lost their parliamentary majority in the critical elections this past October after a larger proportion of the country’s 18-29 year-olds had turned out to vote than over-60s and election officials said that turnout was probably 72.9 percent, the highest since the fall of communism in 1989. 

Voter anger had steadily risen over erosion of women’s reproductive rights eroded and Polish LGBTQ people who had faced a government hate campaign that drove some to leave the country and caused the European Commission to threatened to pull economic aid and as the BBC reported, the EU is still withholding more than €30 billion ($32 billion) in COVID-19 recovery funds because of its concerns about the politicization of Poland’s courts.

The Polish government has repeatedly clashed with the EU over the rule of law, media freedom, migration and LGBTQ rights since PiS came to power in 2015.

Tusk, who had served as European Council president from 2014-2019 is expected to improve Warsaw’s standing with the EU. Additionally he previously served as Poland’s prime minister from 2007-2014.

“At the invitation of President Andrzej Duda, after the vote in the Sejm, a meeting was held with Prime Minister Donald Tusk. It was agreed that after obtaining a vote of confidence, the swearing-in of the new government would take place on Wednesday, Dec. 13, at 9 a.m. at the Presidential Palace,” a spokesperson for Duda said in a statement released late Monday.

Additional reporting from Human Rights Watch, Agence France-Presse, Le Monde, The BBC and PinkNewsUK.

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Russia

Russian neocolonial politics promote anti-LGBTQ imperialistic values

Influence seen in neighboring countries

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(Photo by Skadr via Bigstock)

The idea that Western colonialism spread queerphobia around the globe is not something new for American millennials and Gen Z. It is well known among them that the British Empire brought “anti-sodomy” laws to some African countries, such as Uganda and Nigeria, as well as to South Asia. 

But very few modern American and British people know the history of Russian colonialism, and the way Russian neocolonial politics is ruining the lives of queer people right now, in real time. It’s happening all across Eastern Europe, the Northern Caucasus, and Central Asia. Throughout these regions, the Kremlin promotes imperialistic values that include direct discrimination against queer people.

Let’s start with the most obvious example and move toward the less known ones.

In modern-day Ukraine, LGBTQ rights have become more visible and widely discussed than before the Revolution of Dignity. Even during the war, Ukraine has taken some steps forward in recognizing LGBTQ rights. For example, in 2025 the Desnianskyi District Court of Kyiv for the first time recognized a same-sex couple married abroad as legally married, and in 2026 the Supreme Court made a similar decision. LGBTQ people openly serve in the Ukrainian military. 

But the situation with LGBTQ rights in Russian-occupied Crimea and Donbas is completely different. 

Ukrainian LGBTQ citizens are persecuted by Russian military forces. Materials with positive LGBTQ representation are banned because of Russia’s “anti-propaganda” laws. Transgender people cannot access gender-affirming therapy. According to people currently living in occupied Donbas, LGBTQ teenagers have been subjected to conversion therapy after being taken from supportive families and sent to Russia.

Russia is not shy about this policy. The war against LGBTQ people — and Ukraine’s growing openness toward LGBTQ rights — has been used as one of the official justifications for Russia’s attack on Ukraine. Russian politicians have repeated this narrative, and so has the leader of the largest Russian Christian church closely connected to the government. In 2022 the head of the Russian Orthodox Church openly claimed that the war in Ukraine was happening because people in Donbas did not want gay pride parades. The claim is absurd. First and foremost, people in Donbas do not want to be bombed — and I say this as someone who was born there.

This blatant Russian attempt to destroy LGBTQ rights on foreign land did not start in Ukraine, just as Russian colonialism itself did not start there. The Soviet Union was famous for criminalizing homosexuality. 

When the Soviet Union collapsed in 1991, Soviet republics gained independence, including the Chechen Republic of Ichkeria. Chechen people had many grievances against the Kremlin, including the genocide committed against Chechen and Ingush people by Joseph Stalin in 1944. There was also resentment over the Soviet attempt to erase Chechen identity. Despite Chechens having a completely different culture, language group, and traditions from Slavic Russia, Ukraine, and Belarus, the Soviet government tried to assimilate them and make them more “Slavic.”

In the new Russia that emerged after the Soviet collapse, Chechens struggled to rent apartments in Moscow and were frequently ridiculed for being Muslim. Racial slurs like “black-assed” were commonly used against Chechen students in Russia. In 1994, Russia decided to “civilize” independent Chechnya and launched an unprovoked attack, only to lose the war to this small Muslim nation of fewer than one million people in 1997. When Vladimir Putin came to power, he built his popularity partly by launching the Second Chechen War and occupying Chechnya.

Today Chechnya is ruled by Ramzan Kadyrov, an extremely unpopular leader imposed on the region through pressure and blackmail from the Russian military. It was under Kadyrov that the infamous purge of gay people — described in David France’s HBO documentary “Welcome to Chechnya” — began. But the documentary failed to explain the broader context. As many Chechen activists and ordinary people told me — people who refused to give their names to a foreign LGBT outlet because of the risks to themselves and their relatives — Chechen society has never been explicitly queerphobic. Chechens are proud of having traditions of democracy dating back to the Middle Ages and of respecting individual freedom and family rights.

This is exactly where discussions about sexuality traditionally belong in Chechen social norms: inside the family. Family is almost sacred to Chechens. Every Chechen knows seven generations of their paternal ancestors and stays in contact with uncles, aunts, and cousins. Later, Russia weaponized these family structures by blackmailing and torturing even distant relatives of activists.

For generations, matters of sex were considered private family affairs that the state — an independent Chechen state — should never interfere with. This does not mean Chechnya was especially LGBTQ-friendly. Parents and siblings may be queerphobic — or may not — and society would not question it. But police, commenting on private sexual relationships? This is an abomination!

This is exactly what the Russian occupational authorities introduced. They turned the private into the public, kidnapping and torturing queer people as part of a wider colonial campaign of repression. It was never just about gay people. The authorities also targeted people who subscribed to opposition channels online, spoke against the Kremlin, wore the “wrong” clothes or the “wrong” kind of beard, or listened to prohibited music.

It was never just about gay people. In occupied Chechnya, it has always been about colonial control. Moreover, as my Chechen respondents pointed out, “Welcome to Chechnya” tells the story largely from the perspective of Russian LGBTQ activists. Some of them also have colonial ways of viewing the Northern Caucasus. This is why the film “forgets” to mention that many gay people who were rescued by activists left Chechnya with the active help of their own parents and siblings.

Another example of Russian interference in predominantly Muslim nations can be seen in Kazakhstan, one of the largest countries in Central Asia. In the West, it is not widely known that Kazakh people living in Slavic regions of Russia face everyday discrimination. They are often targets of anti-immigrant hatred similar to the way Mexicans are treated in the United States. In everyday life they are frequently called “churkas,” an extremely derogatory racist slur roughly comparable to the English N-word. When I lived in Russia, almost everyone I knew — even progressive people — used this word from time to time against Kazakh immigrants.

Despite all of that, the Kazakh government has aligned itself closely with the Kremlin. Late last year, the Kazakh parliament adopted an anti-LGBTQ law similar to the Russian one. The law followed earlier bans in Kyrgyzstan in 2023 and Georgia in 2024 and prohibits the dissemination of information about “non-traditional sexual orientation,” affecting culture, education, advertising, media, and cinema.

Critics called these laws a “copycat” of Russian policy and part of Moscow’s colonial influence.

“Are we an independent and sovereign republic, or are we a colony of the Russian Federation?” prominent Kazakh LGBTQ activist and feminist Zhanar Sekerbayeva asked during a press conference.

“As an educated and intelligent woman … I cannot understand why lawmakers allow themselves to violate the fundamental law of the constitution,” she said.

It was therefore not surprising that in February 2026 a criminal case was opened against Sekerbayeva for allegedly “promoting LGBT” during a peaceful gathering at the “French Café.” The real reason, however, is more likely not just her LGBTQ activism but her opposition to pro-Russian politicians.

In Georgia, pro-Russian political movements similarly weaponized anti-LGBTQ conspiracies to mobilize opposition against the European Union. These movements falsely claim that Brussels demands “LGBT propaganda” and threatens “traditional family values.”

This conspiracy narrative has even been supported by Belarus’s dictator Alexander Lukashenko, who said he is “scared for Georgia” because Europe allegedly promotes LGBTQ rights there. Of course, Belarus itself has no meaningful legal protections for LGBTQ people — and it is unlikely to develop them while its leadership is protected by the Kremlin. 

The list could continue. In Moldova, another post-Soviet country, the last widely promoted study of schooling has shown that LGBTQ teenagers are among the most vulnerable students in schools, facing bullying from peers, parents, and even teachers. Once again, pro-Russian politicians in Moldova actively use anti-LGBTQ rhetoric that contributes to this hostile environment.

Of course, Russia is not the single reason for queerphobia in post-Soviet countries. There are many other factors, from everyday stereotypes to the influence of American fundamentalist groups on local conservative movements. But Russia remains the main force preventing these countries from developing independent LGBTQ policies. Local queerphobia is a target audience for Russia, and anti-LGBTQ narratives have become an inseparable part of Russian neo-colonial politics.

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Federal Government

Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House

Andry Hernández Romero had asked for asylum in US

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.

Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.

The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.

Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.

Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.” 

Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.

‘Due process and accountability cannot be optional’

Immigrant Defenders Law Center on Friday also made the following demands: 

  • The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released. 
  • The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.  
  • DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.  
  • DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.  
  • Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.   

“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.” 

“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.” 

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Ecuador

Adolescentes trans en Ecuador podrán cambiar datos en su cédula, pero con condicionamientos

Pueden modificar el campo de género en su documento de identidad con requisitos

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Edición Cientonce es el socio mediático del Washington Blade en Ecuador. Esta nota salió en su sitio web el 12 de marzo.

Por VICTOR H. CARREÑO | En una sentencia del 5 de febrero de 2026, la Corte Constitucional declaró inconstitucional el requisito legal de mayoría de edad para modificar el campo de sexo o género en la cédula de identidad y fija lineamientos para que adolescentes trans puedan cambiar estos datos.

El máximo organismo de control e interpretación constitucional incorpora dos requerimientos: que la persona adolescente se presente al procedimiento administrativo con sus padres y que informes psicosociales acrediten un grado de madurez.

El fallo resuelve una consulta de constitucionalidad de una unidad judicial que lleva una acción de protección contra el Registro Civil presentada por la familia de un adolescente trans que solicitó, en junio de 2023, modificar el campo de género en la cédula.

La institución se negó porque la Ley Orgánica de Gestión de la Identidad y Datos Civiles establece que la rectificación de sexo o género es un procedimiento para personas mayores de 18 años.

El adolescente, cuya identidad se protege en la sentencia, cuenta con el apoyo de sus padres en su transición, que inició en 2020. En una audiencia, su madre expuso que si bien en el ámbito familiar y en el sistema educativo se respeta la identidad de su hijo, fuera de estos hay situaciones, como en consultas médicas en el Seguro Social, en que debe presentar la cédula de él y quienes la reciben preguntan si es el documento equivocado.

En el desarrollo de la sentencia, la Corte expone por qué el requisito de tener mayoría de edad para acceder a la modificación de datos en la cédula es inconstitucional.

Entre varios motivos, explica que restringe los derechos al libre desarrollo de la personalidad e identidad, que la edad no puede exigirse como “criterio determinante y único” para determinar la madurez de un adolescente, y que la medida puede generar impactos negativos en el bienestar psicológico y emocional.

Por ello, indica que existen mecanismos alternativos como la evaluación individualizada, el acompañamiento técnico y la consideración del contexto familiar.

En ese sentido, la Corte dispone al Registro Civil que debe proceder al cambio de los datos de adolescentes trans cuando acudan acompañades de sus representantes legales y con el respaldo de informes psicosociales.

Estos informes, agrega la sentencia, deben ser de profesionales acreditados o de órganos técnicos públicos competentes que sean considerados por el Registro Civil.

El fallo tiene efectos para este caso y otros similares. A diferencia de otras sentencias, la Corte no ordena una reforma a la legislación.

La organización Silueta X, que difundió el caso en un comunicado el 11 de marzo, calificó el fallo como histórico y explicó que este crea jurisprudencia de cumplimiento obligatorio.

Sin embargo, otras organizaciones cuestionan los requisitos. Fundación Pakta indica que si bien la sentencia derriba la barrera etaria de la mayoría de edad, la inclusión de informes psicosociales contradice la tendencia global y regional hacia la despatologización.

Pakta menciona, por ejemplo, la Opinión Consultiva 24/17 de la Corte Interamericana de Derechos Humanos, instrumento que reconoce la identidad autopercebida de las personas y los derechos patrimoniales de parejas del mismo sexo.

El documento, recuerda Pakta en un comunicado, establece que para el reconocimiento de la identidad de género no se debe exigir certificados médicos ni psicológicos. Además, que la Organización Mundial de la Salud reconoció que la identidad trans no es una patología psiquiátrica.

Mientras que la activista Nua Fuentes, de Proyecto Transgénero, considera que los requisitos impuestos por la Corte pueden ser problemáticos. Menciona que frente al desconocimiento y prejuicios, profesionales de salud patologizan la identidad trans.

Además, señala que puede haber casos de que la familia y psicólogos expresen rechazo a la identidad trans y limiten los derechos de adolescentes trans. O también menciona casos de abandono de niñes y adolescentes trans y pregunta cómo reconocer su identidad si no cumplen con el requisito de acudir sin representantes legales.

Los condicionamientos para el cambio del campo de sexo o género en la cédula para adolescentes trans marcan también una diferencia con el procedimiento en personas trans de más de 18 años, pues estas —desde las reformas vigentes en 2024— no deben presentar requisitos. Solo su declaración expresa de ser una persona trans que desea que los datos de su cédula estén conformes a su identidad de género.

La madurez de niñeces y adolescencias ha sido un tema abordado en convenciones o instrumentos internacionales. La Convención sobre los Derechos del Niño de la ONU del 2009 es contundente al reconocerles como seres autónomos y capaces de formar sus propias opiniones a través de la experiencia, el entorno, las expectativas sociales y culturales.

Esta convención es mencionada en una sentencia de la Corte Constitucional en que reconoció la identidad de infancias y adolescencias trans en el sistema educativo.

En las Observaciones Generales del Comité de los Derechos del Niño, documentos de interpretación para los alcances de la mencionada Convención, se explica que la madurez es “la capacidad de comprender y evaluar las consecuencias de un asunto determinado”, lo cual debe considerarse en relación con su capacidad individual, contextos, entornos, experiencias de vida y familiar, desarrollo psicológico y no únicamente con su edad biológica.

Además, que la edad cronológica no determina la evolución de las capacidades de las niñeces y adolescencias porque estas crecen a lo largo del tiempo.

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