The Civil Registry of Guanajuato delivered this Thursday for the first time in the country’s history a birth certificate to a person with non-binary gender after an amparo trial.
Is about Faust Martinez 26-year-old activist who responds to the pronouns “elle, she or he”, who obtained the certificate rectified in which now appears legend “NB” (non-binary) in the “sex” section.
“It is a collective achievement of non-binary people in Mexico, that our existence be legally recognized with all that that implies, make us a legal entity with rights and obligations”, he declared this Thursday in an interview with the EFE agency.
His process began on September 24, 2021 when he applied to the National Electoral Institute (NBNE), which has a protocol for trans people, a voting card that also appears “NB”.
The INE refused to do so on the grounds that it did not have an official document to corroborate this genre, so Fausto y la Amicus Association they got a protection of a judge that was completed on February 11.
In Mexico, where the Civil Registry is a local jurisdiction, about half of all 32 states have a gender identity law that allows trans people to rectify their gender on official documents.
In addition, the Supreme Court of Justice of the Nation (SCJN) ruled in 2018 that “gender identity is a constitutive and constituent element of the identity of people. Therefore, its recognition by the State is of vital importance”.
This is the first time that a document has been issued in Mexico for a non-binary person and it also happened in Guanajuato, state ruled by conservative politicians where there is no law to recognize gender identity.
Despite legal advances, Mexico is the second country in Latin America with the most violence due to homophobia and transphobia after Brazil, according to the Rainbow Foundation’s National Observatory of LGBT Hate Crimes.
For this reason, Fausto hopes that these changes combat the discrimination that still persists in the authorities and the citizenry.
“It is important because we continue to suffer from violence and when it becomes visible, it contributes to the public discussion of the issue. We have been very polarized both on the issue of inclusive language and the very concept of gender in general”, he reflected.
Between 2014 and 2020at least 3,514 LGTBI people were murdered in Latin America and the Caribbean, 1,401 of them for reasons related to prejudice against their sexual orientation or gender identity. In 2019 alone, 327 cases were registered and in 2020, in the midst of the coronavirus pandemic, there were 351 victims.
Although in all the countries of the region the situation is dramatic, there are some that are worse: Colombia, Mexico and Honduras concentrated 87% of the total victims in 2019 and 89% last year.
“One of the hypotheses that we study as a cause for the higher lethality in these countries is that there is a greater presence of armed groups and public forces, which exercise violence against this population, in addition to the fact that they are places with migratory corridors that also have an effect on this type of crime,” he said. Marlon Acuna, coordinator of the regional network Without Violence LGTBI in interview for The country.
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