Report on the progress and the constructive efforts regarding the respect and the guarantee of the rights of LGBTI persons in the Americas

QUESTIONNAIRE

  1. OBJECTIVE

The purpose of this questionnaire is to gather information for a regional report on the measures adopted by the States to progress the respect and protection of diversity in regard to sexual orientation, gender identity or gender expression – real or perceived – and bodily diversity. The questionnaire aims to obtain information from the Member States of the Organization of American States (hereinafter “OAS”), the civil society organizations, inter-government entities, as well as any person interested in sending information on the questions included.

  1. INSTRUCTIONS
  1. The questionnaire may be answered partially or in its totality, depending on the information available.
  2. The 13 questions may be answered with respect to the situation of lesbians, gays, trans persons, bisexuals or intersex, depending on the available information or on the work approach of the Member States of OAS, the civil society organizations, inter-government entities, as well as any person interested in sending information on the questions included.
  3. In order to support the information, It can be submitted researches, reports, and other published documents pertinent to the subject;
  4. Please send the questionnaire before October 1, 2017, by e-mail to: . Please write “Questionnaire on the Progress of Rights” as the subject of the e-mail. Please do not send duplicates. If it isnot possible to send it via e-mail, the questionnaire can be sent by fax to the number 1-202-458-3650, or by regular mail to:

Rapporteurship on the Rights of Lesbian, Gay, Trans, Bisexual and Intersex Persons

Inter‐American Commission on Human Rights

Organization of American States

1889 F Street, NW

Washington, D.C.

20006

  1. QUESTIONS

General questions

  1. Provide information on laws, legislations, guidelines, judicial decisions, projects and public policies regarding the interventions and measures which show progress to respect and guarantee the rights of the LGBTI persons in regard to their sexual orientation, gender identity or gender expression – real or perceived – and bodily diversity, indicating the formal or informal mechanisms for their implementation and their effective impact on the life of the LGBTI persons.
  1. Identify theobstacles to the implementation of laws, legislations, guidelines, judicial decisions, projects and public policies regarding the interventions and measures which show progress to respect and guarantee the rights of the LGBTI persons in regard to the sexual orientation, gender identity or gender expression – real or perceived – and bodily diversity, indicating the formal or informal mechanisms for their implementation and their effective impact on the life of the LGBTI persons.

Protection against discrimination

  1. Identify laws, legislations, guidelines, judicial decisions, projects, and public policies of the State, if applicable, aimed at the protection of the lesbians, gay, trans, bisexual and intersex persons, and those persons perceived as suchfrom violence. These measures include interventions to protect their security (such as the existence of shelters), training of State agents (such as the police, State security forces, public attorneys, judges, public defenders. prosecutors), campaigns of public awareness or other initiatives to address the underlying discrimination from which persons suffer for their sexual orientation, gender identity or gender expression – real or perceived – and bodily diversity. If possible, describe the results and the achievements of these measures, and include information on how to monitor and assess the effectiveness of the mentioned policies and practices.
  1. Identify laws, legislations, guidelines, judicial decisions, projects and public policies of the State, if applicable, aimed at the protection from the discrimination of the lesbian, gay, trans, bisexual and intersex persons, and those persons perceived as such. These measures include interventions to guarantee the equal protection of LGBTI persons, such as the legalization of equal marriage, and the legalization of adoption for same-sex couples.

Gathering of data

  1. Identify the policies and practices, if applicable, destined to gather statistical data on lesbian, gay, trans, bisexual and intersex persons, or those persons perceived as such (such as data on life expectancy, access to healthcare, access to justice, political participation, unemployment, education level, achievement of process of acknowledgement of gender identity, achievement of social inclusion, incidents of violence and discrimination).

Access to justice

  1. Identify the progress of the judicial power, including judicial decisions regarding topics on family, gender identity, employment, health, or judgements which protect the rights of lesbian, gay, trans, bisexual and intersex persons, or those perceived as such. In your response,please include information on the progress in matter of pension rights and inheritance law. Include references or copies of these judgements from the different judicial authorities.
  1. Identify the progress made to judicially guarantee the right to personal integrity of lesbian, gay, trans, bisexual and intersex persons, or those persons perceived as such.
  1. Identify concrete projects and public policies regarding the access to justice of lesbian, gay, trans, bisexual and intersex persons, or those persons perceived as such.
  1. Submit information on the reparations granted by the State to lesbian, gay, trans, bisexual and intersex persons, or those persons perceived as such, related to matters which involve their sexual orientation, gender identity or gender expression – real or perceived – and bodily diversity (e.g. reparation, rehabilitation, compensation, guarantees of non-repetition, satisfaction).

Recognition of gender identity and body diversity

  1. Identify and submit information (including statistics, if there are any) regarding the process of name and gender identity modification in the birth or identification registry. Otherwise, indicate if there is any form to reaffirm gender identity in official documents.

Diverse families

  1. Identify laws, legislations, guidelines, judicial decisions, projects and public policies which seek the recognition, protection and social inclusion of diverse families in regard to matrimonial bonds – civil union, cohabitation -, and bonds of filiation.

Economic, social and cultural rights – signs of inclusion in different sectors

  1. Submit information (including statistics, if there are any) on laws, legislations, guidelines, judicial decisions, projects and public policies regarding the social inclusion of the lesbian, gay, trans, bisexual and intersex persons, or those persons perceived as such, as well as the impact of said inclusion on the access to related services or the enjoyment of rights. Your response can make reference to the following sectors: (1) in healthcare institutions or medical establishments (public or private); (2) in education institutions (public or private) or in the education field; (3) in the context of work relations; (4) in the exercise of political rights, including the right to vote, to be elected and to have access, in general conditions of equality, to public offices; (5) in the family context and other interpersonal relations; and (6) in the context of cultural demonstrations and political acts.

Intersectionality with other groups

  1. Submit all the available information on laws, legislations, guidelines, judicial decisions, projects and public policies which imply progress to the rights of the lesbian, gay, trans, bisexual and intersex persons, or those persons perceived as such , when they belong to the following sectors of the population: (1) women; (2) children and adolescents; (3) indigenous peoples; (4) afro-decedents; (5) human rights defenders; (6) persons deprived of their liberty (under State custody, in the penitentiary system or in other centers of deprivation of liberty); (7) migrants, internally displaced persons, refugees, victims of human trafficking, persons with asylum requests and stateless persons; (8) persons living with HIV; (9) persons with disabilities; and (10) elderly persons.

Please, add any other Information ordocument which you may consider appropriate.

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