Mexico: Situation of sexual minorities, including in Mexico City; protection and support services offered by the state and civil society (2015-July 2017)
1. Legislation
According to a report by the Supreme Court of Justice of Mexico (Suprema Corte de Justicia de la Nación),
[translation]
[t]he Political Constitution of the United Mexican States [Constitutión Política de los Estados Unidos Mexicanos] … obliges all authorities in Mexico to combat discrimination on the basis of sexual orientation and gender identity within their respective areas of competency. (Mexico Aug. 2014, 9)
According to sources, the Federal Law to Prevent and Eliminate Discrimination (Ley Federal para Prevenir y Eliminar la Discriminación) was amended in 2014 to include homophobia and violence against sexual minorities as discrimination grounds (ILGA May 2017, 64; UN 6 May 2016, para. 62). The International Lesbian, Gay, Bisexual, Trans and Intersex Association's (ILGA) 2017 State-Sponsored Homophobia report states that the following state constitutions prohibit discrimination based on sexual orientation: Campeche, Chihuahua, Coahuila, Colima, Durango, Guanajuato, Michoacán, Morelos, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Sinaloa, Sonora, Tlaxcala, Veracruz, Yucatán, and Zacatecas (ILGA May 2017, 47). According to sources, the law in Mexico does not protect against gender identity discrimination (Reuters 22 Aug. 2016; US 3 Mar. 2017, 27), except in Mexico City (US 3 Mar. 2017, 27). Sources indicate that in Mexico City, it is possible to change one's legal gender marker (UN 2016, 96; US 3 Mar. 2017, 27; The Economist 18 Aug. 2016).
ILGA's 2017 report states that "Article 149ter(2) of the Federal Penal Code (Código Penal Federal) criminalizes employment discrimination based on sexual orientation and gender identity and aggravates penalties for employers" (ILGA May 2017, 49; see also Mexico 1931, Art. 149 Ter).
In correspondence with the Research Directorate, an activist and researcher who works on sexual and reproductive health and rights internationally and in Mexico and is affiliated with the Gay Latino Network (Red Gay Latino), a Latin American network promoting LGBT rights (FALGBT 22 Dec. 2015), stated that the legislation to protect sexual minorities is only partially effective and that it is society itself which has been promoting change through campaigns, television shows and private companies that support the rights of LGBT persons (Researcher 3 June 2017). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
1.1 Same-Sex Marriage
Sources indicate that there is no federal law on same-sex marriage in Mexico (ILGA May 2017, 68; The Guardian 19 Dec. 2016). Sources report that same-sex marriage is banned in various states (The Economist 18 Aug. 2016; Reuters 11 Sept. 2016). States that allow same-sex marriages, as reported by sources, include:
- Campeche (ILGA May 2017, 68; The Economist 18 Aug. 2016);
- Chihuahua (Reuters 11 Sept. 2016; The Guardian 17 May 2016);
- Coahuila (Reuters 11 Sept. 2016; ILGA May 2017, 68);
- Colima (ILGA May 2017, 68; The Economist 18 Aug. 2016);
- Jalisco (ILGA May 2017, 160; Reuters 11 Sept. 2016);
- Mexico City (ILGA May 2017, 68; The Economist 18 Aug. 2016);
- Michoacán (ILGA May 2017, 68; The Economist 18 Aug. 2016);
- Morelos (ILGA May 2017, 68; The Economist 18 Aug. 2016);
- Nayarit (Reuters 11 Sept. 2016; ILGA May 2017, 68);
- Quintana Roo (Reuters 11 Sept. 2016);
- Sonora (Reuters 11 Sept. 2016).
Sources report that, in 2015, the Supreme Court of Justice ruled that laws restricting same-sex marriage were unconstitutional (Reuters 11 Sept. 2016; The Guardian 17 May 2016; ILGA May 2017, 68). According to The Guardian, "this judicial ruling did not invalidate state bans" (The Guardian 17 May 2016). Sources indicate that with the Supreme Court's ruling, same-sex couples can challenge local laws in the courts (The Guardian 17 May 2016; The Economist 18 Aug. 2016) and "judges are obliged to give them permission to marry" (The Economist 18 Aug. 2016).
According to sources, a proposal made in May 2016 by President Enrique Peña Nieto to reform the constitution to legalize same-sex marriage nationwide was met with opposition (Al Jazeera 23 Oct. 2016; Freedom House 2017) and was dropped by Mexico's Congress (Al Jazeera 23 Oct. 2016; The Guardian 19 Dec. 2016). Among groups that opposed President Peña Nieto's proposal are the Catholic Church (Freedom House 2017; El País 26 Aug. 2016) and evangelical Christians (The Guardian 19 Dec. 2016). Sources report that politicians across the political spectrum have demonstrated opposition to legalizing same-sex marriage (The Guardian 19 Dec. 2016; El País 26 Aug. 2016), including the left-leaning Democratic Revolution Party (Partido de la Revolución Democrática, PRD) and the conservative National Action Party (Partido Acción Nacional, PAN) (El País 26 Aug. 2016).
2. Treatment by Society
The website of the Attorney General's Office (Procuraduría General de la República, PGR) cites the President of the National Council for the Prevention of Discrimination (Consejo Nacional para Prevenir y Eliminar la Discriminación, CONAPRED) [1] as stating that in Mexico, [translation] "discrimination on the basis of sexual orientation and gender identity continues to be a structural phenomenon with extensive social roots" (Mexico 17 May 2017). In correspondence with the Research Directorate, a representative from the Executive Commission of Attention to Victims (Comisión Ejecutiva de Atención a Víctimas - CEAV), a federal agency that supports those who have been victims of a federal crime or whose human rights have been violated (Mexico n.d.a), stated that crimes against sexual minorities are [translation] "constant … and in many cases are motivated by prejudices" (Mexico 1 Aug. 2017). Sources indicate that despite an increase in public tolerance of sexual minorities, discrimination against sexual minorities was prevalent (Researcher 3 June 2017; US 3 Mar. 2017, 27), including at the workplace (US 3 Mar. 2017, 34). According to a study by CEAV and the Rainbow Foundation (Fundación Arcoiris), an association that links academia with "activism" to promote the rights of sexual minorities (Fundación Arcoiris n.d.), based on interviews with 425 LGBT persons in 20 states, 7 out 10 have been discriminated at educational institutions, and 50 percent have experienced harassment or discrimination in the workplace (Mexico and Fundación Arcoiris 11 Apr. 2016, 1, 3).
Agencia EFE cites LGBT organizations as stating that [translation] "'persistent homophobia has been promoted in large part by members of the Catholic Church" (Agencia EFE 8 Feb. 2016). In correspondence with the Research Directorate, the Director of Queer Research (Investigaciones Queer, A. C., IQ), a Mexican non-profit organization that raises awareness about the lifestyles of lesbians and homosexuals in Mexico (IQ n.d.), indicated that society in general criticizes, judges and abuses sexual minorities mainly due to [translation] "religious influence" (IQ 6 June 2017).
However, according to the 2014 National Catholic Opinion Survey by the Catholics for the Right to Decide (Católicas por el Derecho a Decidir, CDD), a non-profit organization that promotes sexual and reproductive rights (CDD n.d.), and Research in Health and Demographics (Investigación en Salud y Demografía, S. C., INSAD), a Mexican consultancy agency specializing in social research (INSAD n.d.), based on the interview of 2,669 persons across Mexico who self-identified as Catholics, 87 percent of the Catholics surveyed indicated that they believe homosexuals and lesbians should have the same rights as everybody else, and 59 percent indicated that they support same-sex marriage (CDD 2014).
According to the Researcher,
[t]here is still a lot of discrimination and violence towards the LGBT community, particularly in small cities and rural areas. Things have been improving in the last few years, [for example,] more than 80 cities now have a gay parade and there is a growing LGBT movement across the country but at the same time, many sector[s] in society are still very conservative. (Researcher 3 June 2017)
The Director of IQ indicated that the treatment of the sexual minorities varies from state to state (IQ 6 June 2017). In further correspondence, the same source explained that the areas where sexual minorities are [translation] "most ostracized" are Mérida, Yucatán; Léon and Guanajuato, Guanajuato; Monterrey, Nuevo León; and Jalisco (IQ 7 June 2017). El País, a Spanish newspaper, cites the organizer of the Pride March in Mexico as stating that the [translation] "worst places" to be a homosexual in Mexico are Baja California Norte, Baja California Sur, Guanajuato, Puebla and "some municipalities of Jalisco. In general, the region of El Bajío has been characterized as being very conservative where accessing rights [as a homosexual] is difficult" (El País 25 June 2016). According to the Researcher,
there are many cities that are quite friendly such as Mexico City, Guadalajara, Tijuana, Cancun and Acapulco. There are gay clubs and bars in most of the cities across the country but again, that doesn't mean that there's no violence against [the LGBTI] community. (Researcher 3 June 2017)
The Director of IQ stated that in the main cities of the country, like Mexico City, Guadalajara and Monterrey, there are "'gay friendly'" zones or gay zones where the LGBTI community feels "'safe'" from being abused, "although there are police officers that look for any way to intimidate or extort couples wherever they are" (IQ 6 June 2017). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2.1 Situation of Transgender Individuals
The US Country Reports on Human Rights Practices for 2016 indicates that, according to NGOs, "transgender individuals faced discrimination and were marginalized even within the lesbian and gay community" (US 3 Mar. 2017, 27). According to a report by the Transgender Law Center and Cornell University Law School LGBT Clinic on the human rights conditions of transgender women in Mexico [2], "transgender women in Mexico […] face pervasive discrimination, hatred, violence, police abuse, rape, torture, and vicious murder" (Transgender Law Center and Cornell University Law School LGBT Clinic May 2016, 3).
2.2 Situation in Mexico City
The Economist cites a representative of Letra S, a Mexico City-based NGO that promotes the rights of LGBT persons, among others (Letra S n.d.), as stating that "[h]ate crimes against gays are almost unheard of" in Mexico City (The Economist 18 Aug. 2016). In a 2015 report on the situation of human rights in Mexico, the Inter-American Commission for Human Rights (IACHR) of the Organization of American States (OAS) reports that it "notes there have been some improvements in Mexico City in terms of discrimination against LGBTI persons" unlike other parts of the country (OAS 31 Dec. 2015, para. 262). According to Vice News, a news website, "most in [Mexico City's] trans community still typically deal with a lifetime of rejection by their families and potential employers" (Vice News 11 Oct. 2016).
3. Violence Against Sexual Minorities
The UN Special Rapporteur on Extrajudicial or Arbitrary Executions noted "the alarming pattern of grotesque homicides of lesbian, gay, bisexual and transgender individuals and the broad impunity for these crimes, sometimes with the suspected complicity of investigative authorities" (UN 6 May 2016, para. 62). According to the CEAV and Fundación Arcoiris report, trans women and homosexuals represent the group most affected by motivated physical assaults (Mexico and Fundación Arcoiris 11 Apr. 2016, 4).
According to CEAV, there are no statistics available on crimes committed against sexual minorities (Mexico 1 Aug. 2017). However, according to Transgender Europe (TGUE), a Berlin-based organization that promotes the rights of trans people in Europe (TGUE n.d.), 52 "trans and gender-diverse people" were killed in Mexico between 1 October 2015 and 30 September 2016 (TGUE 9 Nov. 2016). According to the US Country Reports 2016, the press reported that three transgender individuals were killed within 13 days in October 2016 (US 3 Mar. 2017, 27). The report by the Transgender Law Center and Cornell University Law School LGBT Clinic states that "Mexico City … has the highest rate of transphobic murders in the country" (Transgender Law Center and Cornell University Law School LGBT Clinic May 2016, 26).
The information in the following paragraph comes from a May 2017 report by Letra S based on media-monitoring findings:
Between January 2014 and December 2016, 202 sexual minorities or perceived as such, were killed as a result of their sexual orientation or gender identity or expression, including 108 trans women (transvestites, transgender or transsexual), 93 gay men and one lesbian woman. The highest number of victims, 76, was recorded in 2016. Of the total 202 victims, 33 showed signs of torture, while 15 showed signs of sexual violence. 17 cases were investigated as [translation] "hate crimes" while 20 were investigated as a [translation] "crime of passion" [3]. 64 people were accused as perpetrators. The states with the highest number of killings are Veracruz (22 murders), State of México (15 murders), Quintana Roo (15 murders), and Chihuahua (14 murders). There were eight murders "presumably" motivated by "hate" or "prejudice" in Mexico City: two in 2014, one in 2015 and five in 2016. In the first quarter of 2017, 20 killings of sexual minorities were registered, including six gay men, one bisexual man and 13 trans women (Letra S 17 May 2017).
4. Treatment by Authorities
According to the CEAV and Fundación Arcoiris report, there are "high levels of distrust in authorities" (Mexico and Fundación Arcoiris 11 Apr. 2016, 4). According to The Guardian, "rights for gay people are still treated as exceptions to be granted at the discretion of local officials" (The Guardian 19 Dec. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to the US Country Reports 2016, "[c]ivil society groups claimed police routinely subjected LGBTI persons to mistreatment while in custody" (US 3 Mar. 2017, 27). The CEAV and Fundación Arcoiris report indicates that at least one out of 10 people surveyed has been detained and that abuse during detention was evident, including physical violence, arbitrary detention and due process violations (Mexico and Fundación Arcoiris 11 Apr. 2016, 4). According to the report by the Transgender Law Center and Cornell University Law School LGBT Clinic, "[p]olice harassment against the LGBT community remains high in Mexico City" (Transgender Law Center and Cornell University Law School LGBT Clinic May 2016, 26). The 2016 CEAV and Fundación Arcoiris report indicates that out of the 425 persons interviewed, 139 reported some form of abuse by authorities, including delays in, or refusal to, provide services, violence and insults (Mexico and Fundación Arcoiris 11 Apr. 2016, 4).
In correspondence with the Research Directorate, a representative of CONAPRED indicated that between August 2015 and 30 April 2017, CONAPRED received 292 complaints for discrimination against sexual minorities (Mexico 21 June 2017). The CONAPRED Representative also provided the following statistics based on the 292 complaints:
- In 238 complaints, the offender was a private citizen, while in 54 complaints, the offender was a federal public servant.
- The states with the highest number of complaints filed were Mexico City (118), State of Mexico (32), Jalisco (25), Nuevo León (10), Chiapas (10), and Quintana Roo (8).
- The rights with the highest number of violations were "dignified treatment," "equality of opportunities and treatment," "labour," and a "life free of violence."
- The places where the highest number of violations took place were at the workplace, provision of public services, neighbourhoods, culture and recreation, education, family, and health care (Mexico 21 June 2017).
In correspondence with the Research Directorate, a representative of Mexico City's Ministry of Public Safety (Secretaría de Seguridad Pública, SSP) indicated that between 2014 and 30 June 2017, there were 15 complaints filed by sexual minorities against public servants of the SSP, of which 5 were either fully investigated or dismissed (Mexico City 30 June 2017).
According to the Researcher,
[t]here is a lot of harassment and discrimination [by authorities], particularly for trans women at the local level, but at least at the federal level there is an improvement [i]n how things are handled in different institutions including health, education, foreign affairs and so on. (Researcher 3 June 2017).
Reuters cites a Zapopan Police Commissioner as stating that his department has been "'providing sensitivity training to promote police empathy towards different vulnerable communities, including the transgender community'" (Reuters 22 Aug. 2016). The SSP Representative stated that, in order to promote the rights of sexual minorities and a culture of respect for human rights, between January and 15 June 2017, 547 workshops were given to 15,825 public servants of the SSP belonging to the Preventative Police (Policía Preventiva), Transit Police (Policía de Tránsito), Banking and Industrial Police (Policía Bancaria e Industrial), and the Auxiliary Police (Policía Auxiliar), on topics including human rights, sexual diversity, gender, equal treatment, vulnerable groups, and police intervention protocols (Mexico City 30 June 2017).
5. State Protection
The Supreme Court of Justice of Mexico issued in 2014 a protocol for judges on the adjudication of cases involving sexual minorities (Mexico 2014, 7). The protocol, while not legally binding, provides tools to assist judges to identify and eliminate stereotypes and social misconceptions during the decision-making process and ensure access to justice for sexual minorities (UN 2016, 116). Source indicate that despite special procedures and policies of institutions to protect sexual minorities, they do not necessarily effectively protect them in practice (Researcher 3 June 2017; IQ 6 June 2017).
According to sources, the judicial system is not effective in investigating crimes committed against sexual minorities (Researcher 3 June 2017; IQ 6 June 2017). The Researcher stated that
if someone has been threatened by a gang, [they] can file a complaint with the Judicial Authorities but that doesn't translate into any special protection unless [they] have already been victim of a crime and they [have been] threatened … again. This is particularly problematic for LGBT activists who are at risk. (Researcher 3 June 2017)
The 2016 CEAV and Fundación Arcoiris report indicates that there are low levels of reporting crimes (Mexico and Fundación Arcoiris 11 Apr. 2016, 4). The Researcher stated that less than 10 percent of crimes committed in Mexico are solved, "and in the case of homophobic crimes, even people who are found guilty are set free" (Researcher 3 June 2017). According to the US Country Reports 2016, "there were reports that the government did not always investigate and punish those complicit in abuses [against sexual minorities], especially outside Mexico City" (US 3 Mar. 2017, 26-27). Sources indicate that homophobic crimes are frequently considered as "crimes of passion," (El País 25 June 2016; US 3 Mar. 2017, 27; IQ 6 June 2017) and as a result, authorities fail to adequately investigate, prosecute, or sanction these crimes (US 3 Mar. 2017, 27; IQ 6 June 2017). The Director of IQ indicated that the Commission of Hate Crimes (Comisión de Crímenes por Odio), under the operation and supervision of Letra S, is tasked with monitoring the investigation on such crimes (IQ 6 June 2017). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
6. Support Services
Sources indicate that there are no specific protection programs or services available to sexual minorities who have been victims of violence or discrimination (Researcher 3 June 2017; IQ 6 June 2017). However, sources indicate that the Community Care Centre for Sexual Diversity (Centro Comunitario de Atención a la Diversidad Sexual) promotes the human rights of sexual minorities in Mexico City and provides services (Time Out México 12 Dec. 2014; IQ 6 June 2017). According to Time Out México, the Mexican edition of Time Out, a UK-based media, entertainment and travel magazine (Time Out México n.d.), the Community Care Centre for Sexual Diversity provides free psychological, legal and medical support (Time Out México 12 Dec. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. The Director of IQ indicated that the Community Care Centre for Sexual Diversity, which was created by the local government, only operates in Mexico City (IQ 6 June 2017). According to sources, the Community Care Centre for Sexual Diversity is located in Mexico City's Zona Rosa (Time Out México 12 Dec. 2014; Desastre, A.C. 21 June 2017). Time Out México indicates that in order to access the services and receive help, it is necessary to provide identification and to register (Time Out México 12 Dec. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. Desastre, A.C., a Mexican news website on LGBTI issues, states, while drawing on information from Reforma, a Mexico City-based newspaper, that the Community Care Centre for Sexual Diversity has attended to approximately 83,000 sexual minorities to date (Desastre, A. C. 21 June 2017). Information on support services outside of Mexico City could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] CONAPRED is a federal agency that promotes policies and measures to contribute to cultural and social development, to advance social inclusion, and to guarantee the right to equality (Mexico n.d.b). CONAPRED is responsible for receiving and investigating complaints for alleged discrimination committed by individuals or public servants (Mexico n.d.b).
[2] Transgender Law Center is an Oakland-based "organization dedicated to advancing the rights of transgender and gender nonconforming people through litigation, policy, advocacy, and public education" (Transgender Law Center and Cornell University Law School LGBT Clinic 2016, 1). The Cornell University Law School LGBT Clinic is a law school clinic "fighting specifically for the legal rights of lesbian, gay, bisexual, and transgender people (Transgender Law Center and Cornell University Law School LGBT Clinic 2016, 1). The report states that excerpts cited from the report are "not legal advice" (Transgender Law Center and Cornell University Law School LGBT Clinic 2016, 1).
[3] According to Cambridge Dictionary, a crime of passion is a "crime committed because of very strong emotional feelings, especially in connection with a sexual relationship" (Cambridge University Press n.d.)
References
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Al Jazeera. 23 October 2016. John Holman. "Mexico City's Church of Reconciliation Home for LGBT." [Accessed 25 May 2017]
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Additional Sources Consulted
Oral Sources: Asociación Internacional de Lesbianas, Gays, Bisexuales, Trans e Intersex para América Latina y el Caribe; Comunidad Metropolitana, A. C.; Fundación Arcoíris por el Respecto a la Diversidad A. C.; Género, Ética y Salud Sexual, A. C.; Guanajuato – Procuraduría General de Justica; Jalisco – Instituto de Transparencia e Información Pública; Letra S; Mexico – Centro de Servicios y Atención Ciudadana de la Secretaría de Seguridad Pública, Comisión Nacional de los Derechos Humanos; Nuevo León – Procuraduría General de Justica; professor of journalism at the Universidad Autónoma de la Ciudad de México and activist of LGBT rights; professor of sociology at Northwestern University specializing in sexuality studies.
Internet Sites, including: 24 Horas; Al Día News; Amnesty International; Asistencia Legal por los Derechos Humanos, A. C.; BBC; Centro de Apoyo a las Identidades Trans A. C.; CNN; Deutsche Welle; ecoi.net; Economía Hoy; The Economist; El Universal; Etcétera; Excélsior; First Post; Freedom House; Frente Nacional por la Familia; Gay México Map; Glaad; Global Press Journal; Huffington Post; Human Rights Campaign; Human Rights Watch; The Independent; IRIN; Jane's Intelligence Review; La Jornada; The New York Times; NOTIMEX; Pink News; Proceso; Public Radio International; Salon; UN – Refworld, UNESCO; University of Toronto; UPR Info.