OEA and Yogyakarta
Even though human beings are free front the moment of birth and equal, norms and modern society had build base on a model of white heterosexual high class men. It means that talk about Men do not imply talk about all of us.
In Yogyakarta Sexual orientation is understood to refer to each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender. And Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.
These Principles include many important aspects. The right to recognition before the law (3°), about legal recognition of gender identity. The right to work (12°), in which is said is forbidden discrimination for gender identity reasons and for sexual orientation. The right to an adequate standard of living and The right to adequate housing, as well as the right to education and highest attainable standard of health (16° y 17°), also the right to found a family (24°). All of t his principles had special relevance in Latin American context because none of them is current; on the contrary, all are vulnerable rights. It is also very significance the principle N°18 “Protection of Medical Abuse” in which is said that sexual orientation and gender identity are not mental illness, that is the reason why nobody should force to medical treatment or medical exams for this cause. Along with this principle should be forbidden as a condition to have access to gender identity and change of name and sex psychological exams and others for a legal identity. Yogyakarta Principle is a very important instrument to make better laws of change of sex and gender in Europe.
Resolution AG/RES-2435 (XXXVIII-O/08); was approved on the Fourth Session of General Meeting American States Organization (Organización de Estados Americanos, OEA), on 3th June 2008; in this document OEA show consternation about violation of human rights base on sexual orientation and gender identity. OEA propose create a special commission to discuss that issue in the next general session.
This is a good step for human rights in Latin America, but it will be an historical conquers when real consequences had in life of Tran’s people. What is sad is OEA didn’t include a connection with Yogyakarta Principles that could be allowing a legal procedure in specific actions. Then, difference between OEA and Yogyakarta is that one only considers peripheral aspects of the problem and the other approach to a structural situation, consider a symbolic system of practices and values that discriminate the other for being different.
We should demand Latin American Governments attack the problem in a structural manner, which really imply a change in our world and society. Because it is necessary to ask for what seem it is impossible to conquer it. We should have open eyes about what happen in OEA to this agreement could be the first step to the real equality and the finish of discrimination.
