Nayelly Lozano - Academic Writing Research Paper

Running head: GENDER IDENTITY RIGHT ON TRANSGENDER PEOPLE                  1

Gender identity right on transgender people’s
official documents in Nuevo León, Mexico.

Gloria Nayelly Lozano Gutiérrez

Instituto Mexicano Norteamericano de Relaciones Culturales

Author Note

Student of Collegiate English Program

May 14th, 2016.

Abstract

Transgender people’s right to have recognized their gender on official papers is one of the most important reasons of human rights violations (SCJN, 2014). There have been some reforms in Ciudad de México, jurisprudence of the Suprema Corte de Justicia de la Nación (SCJN), and institutional programming and development (Farrior, 2009) in order to protect Gay, Lesbian, Bisexual, Transgender (LGTB) rights. However, the possibility of changing their gender to be according with individuals’ gender identity is not recognized by Nuevo León’s legislation, which means that they are violating some rights as freedom, identity, integrity, self-recognition, and dignity. Transgender people have the right to change their gender according with treaties and international acts in order to prevent violence and discrimination against transgender people (Human Rights Council, 2014; Human Rights Council, 2015; American Convention, 1969), and that the authorities cannot violate human rights in the process of recognize the gender identity in the person’s official documents.

Keywords: gender identity, transgender people, LGTB, human rights, official documents.

Gender identity right on transgender people’s

official documents in Nuevo León, Mexico.

Every person is free to choose what he or she wants to be in his or her life. I, as a person, can take the decisions that will define my life, for example my sexual preferences or orientation. However, to choose a different gender identity, than the one that was assigned to anyone when he or she was born, is not as easy, because that individual usually have to face a lot of human right violations on the way of getting recognized his or her gender identity. One of the most important of human rights violations is that transgender people’s official documents do not agree with their gender identity (SCJN, 2014). In this paper, first I will analyze what a transgender person is, secondly what is the actual situation related with discrimination to transgender people. Then I will focus in the issue of gender identity right. I am going to examine if transgender people have the right to get their gender identity recognized in their official documents, and if it is a universal right, or it has to been regulated and recognized in each state.

Statement of the problem

In this paper, I will talk about gender identity right on transgender people’s official documents in Nuevo León, Mexico. Transgender people’s right to change their gender on -official papers in Nuevo León, Mexico, is not recognized by legislation. In addition “The Human Rights Situation in Mexico” Inter-American Commission on Human Rights’ report they found in Mexico exist violence and social discrimination against Gay, Lesbian, Bisexual, Transgender (LGTB) people (IACHR, 2014).  In particular, one of the most important reasons of that discrimination is that their official documents are not according their gender identity. This means that the way they live and identify themselves is different from the one that is recognized in their official documents (SCJN, 2014).

However, in 2015, there was a reform to recognize the gender identity of transgender people in Ciudad de Mexico (Gaceta Oficial, Feb 2015). This reform only applies to people who live in Ciudad de Mexico, consequently this regulation does not apply to everyone in the country. Futhermore, there are some treaties and international acts in order to prevent violence and discrimination against transgender people. (Human Rights Council, 2014; Human Rights Council, 2015; American Convention, 1969) and some precedents and protocols in Mexico (Amparo Directo 6/2008, 2009; Amparo en revision 581/2012, 2012; Acción de inconstitucionalidad 2/2010; Gaceta Oficial, Feb 2015; SCJN, 2014). All that information can help us to find if transgender people have the right to change their gender identity in official documents in Nuevo León.

It is important to say that there is not a regulation in Nuevo León that allows transgender people to change his or her gender in official documents. Furthermore, one of the most important requirements on a trial is the proof. We have to analyze which proofs transgender people have to offer to get their gender identity recognized in their official documents. Finally the audience of this paper is going to be students, transgender people or non-lawyer people interested in the actual situation of the topic.

Research questions

1.  Do transgender people have the right to change their gender in official documents?

2.  Why do transgender people have the right to change their gender in official documents?

3.  Does the right to change the gender in official papers is a universal right or is it just for people in a specific territory?

4.  Does each state have to regulate this right in order to get it?

5.  What is the actual situation of Mexico, as a Country, in this topic?

6.  What is the actual situation of Nuevo León’s regulation in the topic?

7.  What do transgender people have to proof in a trial, in order to get their gender change in official documents?

Literature review.

There is not a specific definition for the concept “transgender”.

There is relatively little data compounded by universally accepted definitions of lesbian, gay, and transgender. That is why it is difficult to have a good research. (Borrego and Johmson, 2013). According to Herman (2013, p. 65), the denominations  “transgender” and “gender non-conforming” describe people whose gender identity or expression is different from those traditionally associated with their assigned sex at birth. However, the American Psychology Association (2011) has established that not everyone whose appearance or behavior is gender-nonconforming will identify as a transgender person.

Based on that, the reason that there is not a specific definition about who is a transgender person is the little data accepted related with the topic. In addition, I agree that not every person whose gender expression is different from the sex traditionally given at birth is transgender. There are other concepts or definitions for people that do not identify themselves with the gender assigned at birth. Some examples of this fact are transsexual or travesty people.

Furthermore, transgender people have some special rights in order to protect them. For a lot of years transgender people, and every person part of LGBT community, have been victims of discrimination and other types of human rights violations. Additionally, Johnson (2013) states that many lesbian and gay activists have generally viewed transgender people as having gender identity or expression issues, not sexual orientation issues. It is still challenging to acknowledge that one oppressed group can oppress another segment within the same movement or another movement. That means that transgender people are usually discriminated, not only by heterosexual society, they are also discriminated by gay, lesbian and bisexual people. This is one of the worst problems that transgender people have, because they are a segment oppressed into an oppressed group.

In recent years, we have seen notable progress on issues related with gender and human rights. Associated with those progress there are standard-setting and to some extent application of those standards through international and domestic legislation, jurisprudence and institutional programming and development (Farrior, 2009). Mexico has been one of the countries that have had some progress adopting standards and jurisprudence related with LGBT community right. Despite of that, there is not a generalized application of those standards.

It is not legally recognized their gender identity

Gender identity is one of the most important rights for LGTB people, especially for transgender persons. It is also true that they usually are discriminated because their own identification with a different identity gender, that the one a doctor said they had when they were born. In “The Human Rights Situation in Mexico”, Inter-American Commission on Human Rights’ report (IACHR, 2014), they found that in Mexico exist violence and social discrimination against LGTB people. One of the most important reasons of that discrimination is that their official documents do not agree with their gender identity that means the way they actually live and identify themselves (SCJN, 2014).

In 2015, there was a reform in order to recognize the gender identity of transgender people in Ciudad de Mexico. (Gaceta Oficial, Feb 2015) This reform only applies to people that live in Ciudad de Mexico, and not to all Mexico citizens. However does a transgender person that does not live in Ciudad de Mexico have the right to change his or her gender identity on official papers? I think the answer to this question is yes.

There are a lot of people that identifies themselves as a transgender person. As well as there are some treaties and international acts in order to prevent violence and discrimination against transgender people (Human Rights Council, 2014; Human Rights Council, 2015; American Convention, 1969). In addition there are some precedents and protocols in Mexico about transgender identity right. (Amparo Directo 6/2008, 2009; Amparo en revision 581/2012, 2012; Acción de inconstitucionalidad 2/2010; Gaceta Oficial, Feb 2015; SCJN, 2014) All those information help us to find that transgender people have the right to change their gender identity in official documents even in other states in Mexico, since it is allowed only in Ciudad de Mexico.

We will analyze Nuevo León case which is a state that has not recognized in their legislation the right to modify it. In order to do this, I will take into account a national and international perspective. I will analyze that the authorities cannot violate human rights in the process of recognize the gender identity in the person’s official documents. In particular, that they do not infringe freedom, identity, integrity, self-recognition, and dignity rights.

Conclusion

There is not a specific definition for the concept “transgender”. The reason that there is not a specific concept about who is a transgender person is the little data accepted related with the topic. I think that a transgender person is someone whose gender identity is different from those traditionally associated with their assigned sex at birth. Additionally, transgender people have been victims of discrimination and other types of human rights violations. They are usually discriminated, not only by heterosexual society, they are also discriminated by gay, lesbian and bisexual people. This is one of the worst problems that transgender persons have, because they are a segment oppressed into an oppressed group.

Additionally, it is important to say that gender identity is one of the most important rights for LGTB people, and one of the most important reasons of that discrimination is that their official documents do not agree with their gender identity. In recent years, we have seen notable progress on issues related with gender and human rights. There was a reform in Ciudad de Mexico, in order to recognize the gender identity of transgender people. This regulation only applies to people that live in Ciudad de Mexico. There have been some treaties and international acts, and some precedents and protocols in Mexico in order to prevent violence and discrimination against transgender people.

In future papers, I need to do a deeper analysis about if all those standards and regulations apply to Mexico as a County. In addition, I will focus in the dispositions that applies to the state of Nuevo León. I will investigate about the procedure that does not violate human rights. Finally, I will examine the ways to proof the fact to be a transgender person without violating human rights.

References:

American Psychology Association. (2011) Answers to your questions about transgender people, gender identity and gender expression. Retrieved from: http://www.apa.org/topics/lgbt/transgender.pdf

Farrior, S. (2009) Human Rights Advocacy on Gender Issues: Challenges and Opportunities. Journal of Human Rights Practice. 1(1), 83–100. Retrieved from: http://jhrp.oxfordjournals.org/content/1/1/83.full.pdf+html?sid=f03d3d84-1b6f-4a6a-8fb4-94fac400ee6b

Borrego, E., Johmson, R. Has public administration grown up? a case for sexual orientation/gender identity and the intersection of public administration in the 21st century. Journal of Public Management & Social Policy. Spring. P. 2.

Herman, J. (2013) Gendered restrooms and minority stress: the public regulation of gender and its impact on transgender people’s lives. Journal of Public Management & Social Policy. Spring. P. 65

Johnson R. (2013) The importance of social movements and the intersection of social equity: marriage equality and racing towards justice. Journal of Public Management & Social Policy. Spring 2013 P. 22-23.

IACHR: Inter-American Commission on Human Rights. (2015) The human rights situation in Mexico. OEA Retrieved from: http://www.oas.org/en/iachr/reports/pdfs/Mexico2016-en.pdf

SCJN: Suprema Corte de Justicia de la Nación. (2014) Protocolo de actuación para quienes imparten justicia en casos que involucren la orientación sexual o la identidad de género. México: SCJN.

Gaceta Oficial Distrito Federal. Decreto por el que se reforman y adicionan diversas disposiciones del Código Civil para el Distrito Federal y del Código de Procedimientos Civiles para el Distrito Federal. (Feb 5, 2015). 18 (24), 3.

American convention on human rights "Pact of San Jose, Costa Rica". Nov. 22, 1996. Ratified by Mexico Mar. 24, 1981. Retrieved from: http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights.htm

Human Rights Council of United Nations. (Oct 2, 2014) Human rights, sexual orientation and gender identity. A/HRC/RES/27/32, GE.14-17732 (E).  Retrieved from: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/177/32/PDF/G1417732.pdf?OpenElement

Human Rights Council of United Nations. (May 4, 2015) Discrimination and violence against individuals based on their sexual orientation and gender identity. Report of the Office of the United Nations High Commissioner for Human Rights. A/HRC/29/23, GE.15-08842 (E).  Retrieved from: http://www.un.org/en/ga/search/view_doc.asp?symbol=A/HRC/29/23&referer=/english/&Lang=E

Amparo Directo 6/2008. Sergio A. Valls Hernández. (Pleno SCJN, Jan 5, 2009).

Amparo en revisión 581/2012. Arturo Zaldívar Lelo De Larrea. (Primera Sala SCJN, Dec 5,2012).

Acción de inconstitucionalidad 2/2010. Sergio A. Valls Hernández. (Pleno SCJN, Aug 16, 2010).