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BERKELEY, CA. – July 5, 2012 – A police officer in El Salvador raped a
young woman. When the victim, a transgender woman named Karla, went to
report the crime, the police told her that such an incident was
“impossible,” and no investigation was conducted.
Karla’s story of abuse and marginalization is not unique
among El Salvador’s LGBT community, and it provides a window into the
social and legal standing of LGBT individuals in the Central American
nation.
Karla’s voice is one among many LGBT individuals interviewed
for a new report, “Sexual Diversity in El Salvador: A Report on the
Human Rights Situation of the LGBT Community.” The report, by the
International Human Rights Law Clinic at UC Berkeley School of Law,
provides an in-depth look at the abuse and discrimination perpetrated
against LGBT individuals and the precarious legal protections they are
currently afforded. IHRLC Clinical Instructor Allison Davenport directed
the research project, which was conducted over the course of a year,
including an IHRLC fact-finding mission to El Salvador in February 2011.
Salvadoran society is still emerging from the effects of a
bloody civil war that ended in 1992 and left more than 75,000 dead. It’s
also struggling with epidemic levels of crime and rampant impunity. The
LGBT community faces not only these challenges, but also a strong
social stigma and increased vulnerability to violence and
discrimination. “While El Salvador is still a country in transition,”
noted Davenport, “the recognition and protection of LGBT rights is
critical to strengthening the overall social and democratic fabric of
the country.” The report identifies attacks by law enforcement as well
as private individuals, lack of equal access to health care, and
barriers to education and employment as areas of urgent concern.
As Karla’s story highlights, a lack of investigation and
accountability for abuses reinforces the LGBT community’s vulnerability.
During 2009 alone, the report recounts, 23 LGBT individuals were
murdered, their bodies often bearing signs of torture. To date, no one
has been prosecuted for any of these crimes. Among the report’s
recommendations is a call for the police and the Salvadoran Attorney
General’s Office to open an investigation of these and other acts of
violence against LGBT individuals.
The government has made some advances to recognize and
respect LGBT rights. Presidential Decree 56, issued in 2010, prohibits
discrimination based on sexual orientation or gender identity by
government employees. “While Decree 56 is a major step forward,
unfortunately its impact has been limited because it hasn’t been widely
disseminated among public employees and they haven’t been trained to
ensure its implementation. Significant gaps in the law and in
enforcement remain,” said Davenport. The report recommends measures to
stem widespread discrimination, violence, and harassment; strengthen and
aggressively implement legal protections; and increase accountability
for abuses.
The report describes unequal treatment by public health care
providers and law enforcement, but also reveals widespread and unchecked
discrimination against LGBT individuals in the private sector. LGBT
individuals reported to IHRLC researchers that they were harassed at
work, where they were called names, given undesirable tasks, and in some
cases fired. “Without clear legal protections, most abuses in the
private sector go unaccounted for and therefore continue unabated,” said
Davenport. The report recommends passage of anti-discrimination
legislation and a Constitutional amendment to ensure that LGBT
Salvadorans enjoy the same legal protections as other groups in the
country.
The report emphasizes the particularly acute forms of
discrimination that transgender individuals face. Educational
institutions were found to either reject outright transgender applicants
due to their gender identity, or require them to alter their appearance
and conform to the information contained in their national identity
document (“DUI”). “This type of discrimination against the transgender
community is rampant and results in their systemic marginalization,”
commented Davenport. “The solution,” she added, “lies in legislation
recognizing the right to identity that provides a mechanism by which
Salvadorans can legally change their name and gender, allowing them to
freely pursue education and employment opportunities.”
In keeping with IHRLC’s mandate, “Sexual Diversity in El
Salvador: A Report on the Human Rights Situation of the LGBT Community”
provides advocates, government officials, and affected communities with a
comprehensive analysis of the current situation and the applicability
of relevant domestic, regional and international laws.
To download a copy of the report, click here for a pdf in English or in Spanish.
For more information, please contact: Allison Davenport,
Clinical Instructor, International Human Rights Law Clinic,
510-642-4139, adavenport@law.berkeley.edu