Progress and challenges in the Costa Rican penitentiary system on the specific needs of LGBTI persons deprived of liberty

2020 ◽  
Vol 6 (3) ◽  
pp. 243-254
Author(s):  
Ana Selene Pineda Neisa ◽  
Douglas Durán Chavarría
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Gender Identity ◽  
Latin American ◽  
Costa Rican ◽  
Fundamental Rights ◽  
Content Type ◽  
Task List ◽  
Lethal Aggression ◽  
Prevention Of Crime

Purpose Despite the restricted interpretation of the principle of equality and non-discrimination made by some members of the prison staff in Costa Rica, most of the authorities and policymakers are committed to the express prohibition of unjust treatments on grounds of gender identity and sexual orientation. Notwithstanding, there is a gap between the normative framework and the reality of the detention facilities in the country. This paper aims to present the progress and challenges in the Costa Rican penitentiary system on the specific needs of LGBTI persons deprived of liberty, from a human rights perspective. Design/methodology/approach This paper is the result of the analysis conducted by United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD) from the data collected and systemized during a qualitative study, led by the same institution in 2016, regarding the situation of Lesbian, Gay, Bisexual, Trans and Intersex Persons (LGBTI) persons deprived of liberty. These findings and a review of the actions implemented recently by the competent authorities to protect the rights of these population groups allowed to present an approach of the current situation of the Costa Rican penitentiary system. Findings While acknowledging the gravity of the violations of fundamental rights of LGBTI people in prison, they are far from showing a systematic pattern of aggression or discrimination against those people. What they do indicate is a penitentiary system that reproduces and exacerbates the marginalization and discrimination experienced by these populations in society. Despite the implementation of some measures to meet the particular needs of these groups, there is also evidence of an institutional culture that tolerates and normalizes certain levels of verbal violence and non-lethal aggression perpetrated by some system staff and by other individuals deprived of liberty. Practical implications Visualize the discrimination faced by some of the most invisible prisoners in the penitentiary system. Highlight some of the challenges that might be addressed to protect the rights of certain groups of prisoners affected by structural discrimination provide key data to identify the task list that should be guiding the actions to strengthen human rights guarantees for LGBTI people in prison. Present some good practices implemented by the Costa Rican penitentiary system, which might be useful for some other countries of the region. Originality/value There is a lack of information in Latin America about the rights situation of people that, besides the imprisonment, faced some other conditions of vulnerability, such as gender identity or sexual orientation. In a region where overpopulation, precarious living conditions and the critical situation of the prisons are no longer news, this paper pretends to draw attention to the progress and challenges of the penitentiary system concerning some of the most marginalized people in prison. In that regard, this document constitutes also a way of vindication of their rights.

State Obligations in Relation to Gender Identity and Rights of Same-Sex Couples

2021 ◽  
Vol 194 ◽  
pp. 277-462
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Family Life ◽  
Same Sex ◽  
Content Type ◽  
Name Change ◽  
Same Sex Couples ◽  
State Obligations ◽  
Administrative Procedures ◽  
And Gender

277Human rights — Gender identity — Rights of same-sex couples — State obligations concerning recognition of gender identity and rights of same-sex couples — American Convention on Human Rights, 1969 — Right to equality and non-discrimination of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons — Article 1(1) of American Convention on Human Rights, 1969 — Whether sexual orientation and gender identity protected categories under Article 1(1) — Right to gender identity — Right to a name — Whether States under obligation to facilitate name change based on gender identity — Whether failure to establish administrative procedures for name change violating American Convention on Human Rights, 1969 — Whether name change procedure under Article 54 of Civil Code of Costa Rica complying with American Convention on Human Rights, 1969 — Right to equality and non-discrimination — Right to protection of private and family life — Right to family — Whether States obliged to recognize patrimonial rights arising from a same-sex relationship — Whether States required to establish legal institution to regulate same-sex relationshipsInternational tribunals — Jurisdiction — Inter-American Court of Human Rights — Advisory jurisdiction — Whether advisory jurisdiction restricted by related petitions before Inter-American Commission on Human Rights — Admissibility — Whether request meeting formal and substantive requirements — Whether Court having jurisdiction

Inequalities in women’s medium or low secure mental health settings: a scoping review

2021 ◽  
Vol 23 (3) ◽  
pp. 254-271
Author(s):  
Aile Trumm ◽  
Kristina Brenisin ◽  
Kieran Breen
Keyword(s):  
Mental Health ◽  
Sexual Orientation ◽  
Gender Identity ◽  
High Quality Research ◽  
Dysfunctional Family ◽  
Health Service Provision ◽  
Content Type ◽  
Mental Health Settings ◽  
Health Need ◽  
The Impact

Purpose The more disadvantaged members of society generally experience poorer outcomes following the development of mental ill-health. The purpose of this paper is to scope the literature and synthesise findings on the inequalities and mental health within secure mental health settings. Design/methodology/approach Six electronic databases were searched to identify relevant studies. These were included if they examined the association between inequalities and mental health in women’s secure mental health settings. Findings Of the 608 studies reviewed, 14 met the inclusion criteria. In these papers, violence and/or abuse were described as the most prevalent inequalities. The second most frequent group of inequalities identified were socio-economic. Only three published studies researched the impact of ethnicities. Physical health, alcohol abuse and a dysfunctional family upbringing were only mentioned in one of the studies. Gender identity, transitioning and sexual orientation was not considered in any papers. These are areas, which require further investigation to determine their specific impact in this setting. Research limitations/implications This review highlights the dearth of high-quality research-based evidence underpinning an understanding of the impact of inequalities on women in secure mental health settings. The existing studies suggest that inequalities have a very particular impact and that intersectionality plays a key role. Further research is required to further understand how inequalities impact the lives of women in secure mental health settings. Practical implications The inequalities that women experience in relation to mental health need to be further researched in the context of intersectionality. There are also research gaps in terms of gender identity, sexual orientation and socio-economic background. Further primary research using a more complex methodological paradigm is required to explore these factors and their impact on mental health service provision. Social implications The role of inequalities should be considered as part of an overall care package, including the experiences of adverse childhood experiences and this should contribute towards the development of a trauma-based care approach. Originality/value To the best of the authors’ knowledge, this is the first study to scope literature about inequalities experienced in women’s secure psychiatric settings considering intersectionality.

11. Sexual Orientation, Gender Identity, and Human Rights

2016 ◽  
Author(s):  
Christine (Cricket) Keating ◽  
Cynthia Burack
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Civil Society ◽  
Gender Identity ◽  
Interpersonal Violence ◽  
Important Development ◽  
Queer People ◽  
And Gender ◽  
Rights Issues

This chapter examines the issue of the human rights of lesbian, gay, bisexual, transgender, intersex, and queer people (LGBTI). In recent years, LGBTI groups have used the language and frameworks of human rights to organize against state, civil society, religious, and interpersonal violence and discrimination. The broadening of the human rights framework to address issues of sexual orientation and gender identity (SOGI) has been an important development in both the human rights and the LGBTI movements. The chapter begins with a discussion of SOGI rights as human rights, focusing on questions such as the central human rights issues for LGBTI people; how these groups have organized to address these challenges through a human rights framework; and the challenges faced by LGBTI human rights advocates and what successes they have had. It also considers critiques of SOGI human rights activism and concludes with a case study of Uganda's Anti-Homosexuality Bill.

Sexual Orientation and Gender Identity in International Institutions

2020 ◽  
Author(s):  
M. Joel Voss
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Gender Identity ◽  
Political Institutions ◽  
International Institutions ◽  
International Institution ◽  
Incremental Change ◽  
The World ◽  
And Gender ◽  
Rights Issues

The human rights of LGBTI persons are being contested across the world—both within states and across regions. Despite decades of incremental change, in many states, LGBTI activists are beginning to rapidly advance their normative agendas, particularly in the context of protection against violence and discrimination. However, consistent backlash and opposition to LGBTI advocacy remains. Notwithstanding decades of silence on LGBTI rights, international institutions are also beginning to rapidly include sexual orientation and gender identity in their work as well. Institutions that consist primarily of independent experts and that focus on narrower human rights issues have been especially active in including sexual orientation and gender identity in their work, either formally or informally. At the same time, largely political institutions have generally lagged behind their counterparts. Scholarship on both sexual orientation and gender identity (SOGI) advocacy and contestation have also lagged behind political and legal developments at international institutions. Although a few works exist, particularly on the UN Human Rights Council, there are numerous other institutions that have been understudied. Further, research on the implementation of international SOGI policies has also been largely absent. SOGI advocacy and contestation continues across nearly every major international institution. Research agendas, either qualitative or quantitative are sorely needed to help better predict and explain the advancement or retreat of SOGI in international institutions and within domestic contexts.

Theorizing the Politics of (Homo)Sexualities across Cultures

2017 ◽  
Author(s):  
Mark Blasius
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Gender Identity ◽  
Historical Event ◽  
History Of Sexuality ◽  
Political Issue ◽  
Aids Pandemic ◽  
History Of ◽  
Un General Assembly ◽  
And Gender

This chapter focuses on an event in the history of sexuality, more specifically in the history of sexuality as a political issue. In recent years, vastly diverse movements around the politics of sexuality have embraced the notion of “sexual rights.” This concept developed rapidly especially since the UN Conference on Women in Beijing (1995) and in the wake of the global AIDS pandemic. More recently, rights specific to sexual orientation and gender identity have gained prominence, for instance with a 2011 Human Rights Council resolution on sexual orientation and gender identity, and a report to the UN General Assembly that analyzed in a preliminary way the universal human rights of LGBT persons. Issuance of this report and the resolution that commissioned it together signify a historical event in the politics of sexuality.

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