or gender expression of a person120 are categories protected by the Convention.121
Consequently, the State cannot act against a person based on their sexual orientation, their
gender identity and/or their gender expression. 122
91. Numerous forms of discrimination against LGBTI people are evident in the public and
private sphere.123 In the Court’s opinion one of the most extreme forms of discrimination
against LGBTI people occurs in violent situations.124 In Advisory Opinion OC-24/17, this Court
underlined that:
[T]he mechanisms for the protection of human rights of the United Nations 125 and the
inter-American system126 have recorded violent acts against LGBTI persons in many
regions based on prejudices. The UNHCHR has noted that “such violence may be physical
(including murder, beatings, kidnapping and sexual assault) or psychological (including
threats, coercion and the arbitrary deprivation of liberty, including forced psychiatric
incarceration).”127
92. Violence against LGBTI people is based on prejudices; that is, perceptions that are
usually negative of individuals or situations that are alien or different.128 In the case of LGBTI
people this refers to prejudices based on sexual orientation and gender expression or identity.
This type of violence may be driven by “the desire to punish those seen as defying gender
norms.”129 In this regard, the United Nations Independent Expert on protection against
violence and discrimination based on sexual orientation or gender identity has indicated that:
(Interpretation and scope of Articles 1(1), 3, 7, 11(2), 13, 17, 18 and 24, in relation to Article 1, of the American
Convention on Human Rights). Advisory Opinion OC-24/17 of November 24, 2017. Series A No. 24, para. 33.
This Court has explained that gender expression is understood to be the outward manifestation of a person’s
gender, by physical aspects, which may include dress, hair style, or the use of cosmetics, or by mannerisms, speech,
personal behavior or social interaction, and names or personal references. A person’s gender expression may or may
not correspond to his or her self-perceived gender identity. Advisory Opinion OC-24/17, supra, para. 32(g).
120
Cf. Case of Atala Riffo and daughters v. Chile. Merits, reparations and costs, supra, para. 93, and Advisory
Opinion OC-24/17, supra, para. 78.
121
Mutatis mutandis, Advisory Opinion OC-18/03, supra, paras. 100 and 101; Case of Servellón García et al. v.
Honduras. Judgment of September 21, 2006. Series C No. 152, para. 95. and Case of Cuscul Pivaral et al. v.
Guatemala. Preliminary objection, merits, reparations and costs. Judgment of August 23, 2018. Series C No. 359,
para. 129..
122
Cf. Advisory Opinion OC-24/17, supra, para. 36, and United Nations, Report of the United Nations High
Commissioner for Human Rights. Discriminatory laws and practices and acts of violence against individuals based on
their sexual orientation and gender identity. November 17, 2011, A/HRC/19/41, para. 1.
123
124
Cf. Advisory Opinion OC-24/17, supra, para. 36.
Cf. United Nations, Report of the United Nations High Commissioner for Human Rights. Discriminatory laws
and practices and acts of violence against individuals based on their sexual orientation and gender identity, May 4,
2015, A/HRC/29/23, para. 21. See also, Report of the United Nations High Commissioner for Human Rights.
Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender
identity, November 17, 2011, A/HRC/19/41, para. 20.
125
Cf. Inter-American Commission on Human Rights, Violence against Lesbian, Gay, Bisexual, Trans and Intersex
Persons in the Americas. OAS/Ser.L/V/II.rev.2, November 12, 2015, para. 24.
126
Cf. Advisory Opinion OC-24/17, supra, para. 36, and United Nations, Report of the United Nations High
Commissioner for Human Rights. Discriminatory laws and practices and acts of violence against individuals based on
their sexual orientation and gender identity May 4, 2015, A/HRC/29/23, para. 21.
127
128
Cf. Statement made by María Mercedes Gómez during the public hearing held in this case.
United Nations, Report of the United Nations High Commissioner for Human Rights. Discriminatory laws and
practices and acts of violence against individuals based on their sexual orientation and gender identity, May 4, 2015,
A/HRC/29/23, para. 21. Also, Report of the United Nations High Commissioner for Human Rights. Discriminatory laws
and practices and acts of violence against individuals based on their sexual orientation and gender identity, November
17, 2011, A/HRC/19/41, paras. 20 and 21. See, similarly, Organization for Security and Cooperation in Europe
129
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