The Network of LGBTI+ Litigants of the Americas celebrates the judicial decision that forces the Congress of Guanajuato to create a procedure for the recognition of the gender identity of trans people

News

He 31 May 2024, in Mexico, The First Judge of the District of Guanajuato through a court ruling ordered the Congress of said State to design a procedure for the legal recognition of the gender identity of trans people. Congress will only have one regular period of sessions to prepare it and must guarantee full consultation with local gender diverse people to achieve it..

The State of Guanajuato has systematically hindered access to the rights of sexual and gender diversities, obligando particularmente a las personas trans a recurrir a procesos judiciales para el reconocimiento de su identidad de género. Therefore, This historic decision is a form of reparation for those who have suffered the violence and LGBTIphobic discrimination of the State in Guanajuato..

In the interpretation made by the Judge, The failure of the State of Guanajuato to comply with the international obligation to modify or adopt regulations and develop state practices conducive to the effective observance of the guarantees contained in the American Convention on Human Rights is recognized.. Limiting the recognition of gender identity through a judicial process violates the right to equality and non-discrimination, human dignity, the free development of personality and other rights that are also included in the national catalog of fundamental rights. to that extent, We welcome that the Judge adopts the position of the Inter-American Court of Human Rights, developed in the Advisory Opinion 24/17, on the obligation to create procedures for rectification of civil acts that are agile, expeditious and confidential for trans people.

The ruling orders that the creation of the procedure be carried out in accordance with the standards established by the Inter-American Court of Human Rights and the Supreme Court of Justice of the Nation., so that trans people can quickly modify their legal documents according to their gender identity.

From the Network of LGBTI+ Litigants of the Americas we welcome this decision and will be vigilant of its implementation by the Congress of Guanajuato. What's more, we especially congratulate our member organization, Amicus DH, those who litigated this case and the other civil society organizations and local LGBTI+ activists who made this important advance possible not only for Mexico, but also for the region.
Litigants Network