Summary of remarks by Ari Vera, President of Corpora en Libertad, during an event co-organized by the Mexico City.
Lesbian, gay, bisexual, trans and intersex (LGBTQI+) people continue to face discrimination at every stage of the criminal justice system, from their first contact with law enforcement to their time in detention. Overcoming these barriers is an essential prerequisite for ensuring effective access to justice and preventing torture and other ill-treatment.
This was the central message of the remarks delivered by Ari Vera Morales, President of Corpora en Libertad, during a meeting with members of the Mexico City Judiciary. Her presentation highlighted the specific challenges faced by LGBTQI+ people deprived of liberty and the need to incorporate a sexual orientation and gender diversity perspective into all judicial proceedings.
Discrimination begins before imprisonment
Barriers to accessing justice do not begin in prisons. International human rights bodies have documented that LGBTQI+ people face a heightened risk of arbitrary arrest, police violence, extortion, torture and criminalization based on stereotypes related to their sexual orientation or gender identity.
These practices not only violate fundamental rights but also undermine trust in justice institutions and increase the risk of ill-treatment throughout the criminal justice process.
Heightened vulnerability in places of detention
Once deprived of their liberty, many LGBTQI+ people face new forms of discrimination and exclusion. Factors such as poverty, limited access to education, exclusion from the labour market and, for many trans women, reliance on sex work as a consequence of structural discrimination, increase their vulnerability within the prison system.
These challenges are compounded by institutional barriers, including the misuse of trans people's names and pronouns, the failure to recognize their gender identity, the absence of sexual orientation and gender diversity-sensitive analysis, and the persistence of prejudice that may influence judicial decision-making.
A judiciary grounded in a human rights approach
Ensuring effective access to justice requires much more than allowing people to appear before a court. It means ensuring that everyone can exercise their rights on an equal basis, free from discrimination, and has access to effective remedies when their rights have been violated.
Incorporating a sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) perspective into judicial work does not mean granting privileges. Rather, it means removing the prejudice that prevents decisions from being truly impartial and respectful of human rights.
Among the measures highlighted during the presentation were continuous training for judges and judicial staff; the systematic application of international standards, including the Yogyakarta Principles plus 10 and the Nelson Mandela Rules; strengthening protocols for responding to the needs of LGBTI+ people; improving data collection on LGBTQI+ people's access to justice; and enhancing collaboration with civil society organizations.
Preventing torture requires inclusive justice systems
For the APT, torture prevention begins long before a person enters a place of detention. A justice system that recognizes and responds to the specific needs of groups in situations of vulnerability helps reduce the risks of abuse, violence and ill-treatment.
Promoting judicial decisions free from discrimination, ensuring respect for the identity of LGBTQI+ people and strengthening safeguards from the earliest stages of criminal proceedings are essential elements for building more inclusive justice systems and preventing human rights violations.
As Ari Vera Morales noted, a truly inclusive justice system should not ask whom a person loves or how they express their gender identity. Above all, it should ask whether their rights have been respected.
