He 4 of October of 2023, Anderson Javiel Dirocie De Leon, representing the LGBTI+ Litigators Network of the Americas and as an independent member, together with the lawyer Patricia Santana Nina; They filed an Amicus curiae brief before the Constitutional Court of the Dominican Republic in which they defend the constitutionality of the General Instruction No.. 000002 of the Attorney General's Office regarding the management of cases involving vulnerable populations. The norm was questioned as unconstitutional for including an article regarding people with diverse sexual orientations and gender identities that said:
ARTICLE 6: RESPECT FOR GENDER IDENTITY OR GENDER ORIENTATION “All personnel who care for a victim of the LGBTIQ community, You must address your person according to the gender identity they express. Discretion must always be maintained regarding the data collected.”
The actor, the Political Training Institute, Legal and Social (ICAP) He stated that the instruction is absurd because the Dominican Political Constitution is clear regarding the existence of the female gender and the male gender and to that extent, there would be no reasonable grounds to call someone by a gender that does not exist or is recognized by the higher standard.
Nevertheless, In the amicus curiae that we presented, we contradicted this conservative position and recalled the standards of constitutional law and international obligations regarding human rights at the head of the Dominican State.. We reaffirm that the ultimate purpose of the Instruction is to give effect to the fundamental rights of LGBTI+ people when going before the Public Ministry.. The Amicus also points out that the Instruction is produced within the organic powers of the Attorney General's Office and that it would be inconsistent with its role., as an institution that guarantees the fundamental rights of citizens, that regulations be adopted that do not respect the gender identity and sexual orientation of LGBTI+ people.
From the Litigants Network we will be waiting for the decision of the Constitutional Court of the Dominican Republic and we hope that with its decision it supports the institutional efforts led by the Attorney General's Office of the Republic to guarantee equality, human dignity and the exercise of rights of LGBTI+ people, including the free development of personality, without being discriminated against in state institutions.
You can review the amicus curie filed here:
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