the Commission finds that the State has also violated the right of those individuals to have their mental and
moral integrity respected, as established in Article 5(1) of the American Convention, taken in conjunction with
the obligations set out in Article 1(1) of the same instrument.
V.
CONCLUSIONS AND RECOMMENDATIONS
101.
Based on its findings of fact and law, the Inter-American Commission concludes that the State
is responsible for the violation of Articles 4(1) (right to life), 5(1) (right to humane treatment), 8.1 (right to a
fair trial), 11 (right to privacy), 13 (freedom of thought and expression), 24 (right to equal protection and
nondiscrimination), and 25(1) (right to judicial protection) of the American Convention on Human Rights,
taken in conjunction with the obligations established in Article 1(1) of the same instrument. The Commission
also finds a violation of Article 7 of the Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence against Women.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF
HONDURAS:
1.
Provide full reparation for the human rights violations found in the instant report, including
both material and nonpecuniary dimensions. The state should adopt measures of economic compensation and
satisfaction.
2.
Arrange for the next-of-kin of Vicky Hernández to receive the necessary physical and mental
health care for their rehabilitation, if they so wish and in a manner that meets with their agreement.
3.
Continue the criminal investigation in a diligent and effective manner within a reasonable time
in order to completely clarify the events, identify all those who bear possible responsibility, and impose the
appropriate penalties for the human rights violations declared in this report. In complying with this
recommendation, the State should take into consideration the multiple shortcomings identified in this report,
including pursuing the logical lines of inquiry referred to herein.
4.
Arrange mechanisms to ensure non-repetition that include (i) adopting legislative,
administrative, or other measures to secure recognition for the self-perceived gender identity of trans persons,
taking into account inter-American standards in such matters; (ii) adopting legislative, administrative, or other
measures to adequately map the context of violence faced by LGBT people in Honduras and introduce a
comprehensive policy for its prevention and eradication that addresses its structural causes; (iii) designing
instruction, awareness, and training programs for State security bodies in relation to violence based on
prejudice against LGBT persons; (iv) establishing adequate reporting mechanisms for accountability by State
security bodies in response to alleged incidents of violence based on prejudice against LGBT people; and (v)
adopt all necessary measures to ensure access to justice in cases of violence against LGBT persons based on the
standards described in this report on merits.