21 In this way, in the instant case the Commission will analyze whether the decisions that led to the discharge of Mr. Homero Flor triggered the international responsibility of the State, determining whether standards were applied that are incompatible with the American Convention. b. On perceived sexual orientation 81. The Commission observes that in the instant case the petitioners have argued that the alleged victim was separated from his activities as a military officer because he was accused of engaging in a sexual act with another man. In that regard, they argue that Mr. Flor has no information about the occurrence of such facts and that he does not self-identify as homosexual.77 82. In this respect, the Commission emphasizes what was noted by the Inter-American Court when it said: “It is possible for a person to feel discriminated by the way other people think about its relation to a group or social sector, independently of whether such perception corresponds to reality or to the victim’s self-identification.”78 In that regard, it has been indicated that “homosexuals can be within the ambit of a social group category, either as a group sharing a common characteristic or because they are perceived as a cognizable group in the society.”79 Accordingly, in certain contexts not so much whether a person recognizes himself or herself as homosexual, but rather whether he or she is “perceived” as such by third persons or is identified as a member of a given social group may take on special importance.80 This has been noted by the United Nations High Commissioner on Human Rights on referring to situations of discrimination based on actual sexual orientation and “perceived” sexual orientation.81 83. In this respect, the Commission understands that the fact that a person may be perceived as having a sexual orientation other than heterosexual does not necessarily mean that this person identifies with that orientation; yet it does not rule out the possibility of being exposed to the discrimination to which persons have historically been subjected due to their sexual orientation or their 77 Sexual orientation has been defined as “each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender.” Yogyakarta Principles. Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, 2006, p. 6, footnote 1. 78 I/A Court H.R. Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of January 28, 2009. Series C No. 195, para. 380. 79 UNHCR, Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity, 21 November 2008, para. 3; Advisory opinion on claims for sexual orientation (Tokyo Bar Association), September 3, 2004, para. 8. 80 Such has been established for example by the Asylum and Immigration Tribunal of the United Kingdom in a matter regarding an asylum application from Jamaica. See: DW (Homosexual Men - Persecution - Sufficiency of Protection) Jamaica v. Secretary of State for the Home Department, CG [2005] UKAIT 00168, United Kingdom: Asylum and Immigration Tribunal/ Immigration Appellate Authority, 28 November 2005. Along the same lines, the Commission has also ruled on matters in which certain persons were exposed to acts of violence for being perceived as homosexuals. See: IACHR Condemns Attack and Murder Based on Perceived Sexual Orientation in Brazil. Washington D.C., July 11, 2012. In addition, the UN Rapporteur against Torture has noted, for example, the situation of vulnerability in which persons deprived of liberty who are perceived as LGTBI may find themselves, as they are exposed to acts of violence and victimization by police or prison authorities. See: United Nations, General Assembly, Question of torture and other cruel, inhuman or degrading treatment or punishment, A/56/156, 3 July 2001, para. 21. 81 United Nations, General Assembly, Report of the High Commissioner for Human Rights: Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, A/HRC/19/41, November 17, 2011, paras. 1, 25, 31, 40, 67.