Sexual orientation and gender identity: UN expert hails historic legal opinion issued in Americas
GENEVA (12 January 2018) - An independent expert appointed by the United Nations hailed a landmark opinion by the
Inter-American Court of Human Rights that recognises the right to gender identity and protection of family ties between
same-sex couples.
Victor Madrigal-Borloz, the Independent Expert on protection against violence and discrimination based on sexual
orientation and gender identity, saidAdvisory Opinion OC-24 issued by the Court on 9 January 2018 was a significant step toward upholding the dignity and human rights of persons
with diverse sexual orientation and gender identity.
Pathologizing persons with diverse gender identities, including trans women and men, is one of the root causes behind
the grave human rights violations against them. Madrigal-Borloz underlined that the Court concluded that requiring
medical or psychological certifications or other unreasonable requirements for gender recognition was not in line with
the American Convention.
“I am very pleased with the Court’s reasoning, which is permeated in equal measure by legal rigour and human
understanding. Advisory Opinion OC-24 is a veritable blueprint for States to fulfil their obligation to provide quick,
transparent and accessible legal gender recognition without abusive conditions, respectful of free/informed choice and
bodily autonomy, as was also exhorted last May by a group of United Nations and international human rights experts,” he said.
The Court also recognized that the American Convention protects family ties between same-sex persons and that the
protection extends to ensuring that same-sex couples have access, without exception, to all forms of legal recognition
of relationships and families that are available to heterosexual couples.
“In my view, the protections described by the Court in this Advisory Opinion will have an extremely positive impact in
addressing stigma, promoting socio-cultural inclusion and furthering legal recognition of gender identity, all of which
have been identified by my mandate as fundamental to address the root causes of violence and discrimination,” concluded
the Independent Expert.
ENDS