LGBTQIA+ Rights
What do human rights look like for members of the LGBTQIA+ community?
Over the last decade, there has been an international trend toward improving lesbian, gay, bisexual, transgender, queer, intersex and asexual (LGBTQIA+) rights. For instance, many countries, including Brazil, now legally perform and recognize same-sex marriage. Yet, despite such advancement, this community continues to face severe discrimination and violence due, in part, to the lack of a viable support system. Currently, Brazil does not have a working set of comprehensive policies in place to protect its LGBTQIA+ residents who are in fear now, perhaps more than ever, under a new far-right and openly homophobic president. In the past year, 420 LGBTQIA+ people died by homicide or suicide, fueled by homophobia and hate crimes, and this number continues to rise in 2019 (teleSUR). This post will focus on the following content areas: sex education, legislation, access to health care, and public homophobia in order to frame the severity of the issue and advocate for a better LGBTQIA+ future in Brazil moving forward.
“Yes, I’m homophobic – and very proud of it,” proclaimed President Jair Bolsonaro
Sex Education
Sex education is important because it provides people with information about bodily development, safe sex, sexuality, and relationships, along with skills-building to help young people communicate about and make informed decisions regarding sex and their sexual health (FoSE). It is especially important for members of the LGBTQIA+ community who may struggle with their identity and don’t have the dominant culture to mimic in terms of understanding and expressing their sexuality. Yet, conservative politicians in state and city governments are now pushing for a ban on any discussion of gender diversity and sexual orientation in the classroom.
In recent years, Brazil has withstood unfortunate steps backward in the fight for inclusive sex education:
In 2011, evangelical church groups and their allies in Brazil’s Congress pressured President Dilma Rousseff to suspended the production and distribution of sex education films for schools in Brazil, which contained informative material on LGBT groups, supposed to combat homophobia (IBT).
In 2017, a controversy over a trans culture question that showed up on a standardized tests prompted the government to withdraw any mention of gender identity from curriculums in schools (Washington Post).
In January 2019, the health official in charge of Brazil’s HIV prevention task force was fired for allegedly authorizing a campaign aimed at education transgender Brazilians (Washington Post).
Also in 2019, President Jair Bolsonaro’s minister of education, Ricardo Vélez Rodríguez, shut down a section of the ministry devoted to diversity and human rights. He is opening against gender theory in classroom discussion (Washington Post).
In order for violence and misunderstanding toward the LGBTQIA+ community to be effectively addressed, it is crucial to implement a new and diverse sex education curriculum nationwide. High schools, at the very least, must objectively communicate about how to perform safe sex, consent and the responsibility of being sexually active, for straight and gay couples alike. Proper education is at the core of increasing awareness, promoting tolerance and squashing the negative societal outlook surrounding the LGBTQIA+ community.
Legislation
Right now, Brazil is facing the most conservative National Congress since the country’s return to democracy in 1984 (Washington Post). President Jair Bolsonaro’s rhetoric continues to slander the LGBTQIA+ community and perpetuate the idea that they are less than human and therefore undeserving of rights. Julia Melasipo, University of Colorado Honors Scholar, wrote “society and legislation need to be aligned; so one can work in accordance with another to enforce norms” (The Brazilian Paradox). Granting legal rights not only validates the LGBTQIA+ experience but also reinforces LGBTQIA+ rights as human rights. Yet, LGTBQIA+ groups worry that the election of Bolsonaro will give new life to bills calling for their rights to be revoked or reduced.
The good:
Brazil achieved marriage equality on May 16, 2013.
In June 2018, it became legal to for transgender name and gender changes at registrar offices without undergoing physical exams. Transgender people can now use their social names to vote (Washington Post).
The bad:
In September 2017, Brazilian federal judge decided psychologists could perform “conversion therapy,” a practice that had formerly been banned by Brazil’s Federal Council of Psychology back in 1999 (PRI).
One bill currently seeks to define a family as a relationship between a man and woman, which the LGBT community fears could have implications for health care, adoption and welfare benefits (Washington Post).
Another bill pushes for a bathroom law that would require people to use the restrooms associated with their biological sex (Washington Post).
LGBTQIA+ rights start with education and carry through with legislation. Rather than moving away from laws that benefit the community, Brazil should move toward laws that criminalize the oppression, discrimination and violence against LGBTQIA+ people. Melasipo also wrote, “creating laws that criminalize violent acts committed on the basis of sexual orientation and sexual orientation is an essential step” (The Brazilian Paradox). Implementation of such laws would improve equality and citizenship.
Public Homophobia
In addition to Brazil’s new administration’s effect on education and legislation, the far-right conservative ideology encourages a homophobic attitude from the public. Bolsonaro’s comments make it seem okay to talk down to LGBTQIA+ members and treat them poorly. President Bolsonaro publicly stated that he would prefer a dead son to a gay son. This creates a toxic environment in Brazil and contributes to rising hate crimes and violence. Activists, however, say that violence and discrimination against the LGBTQIA+ community have long existed, but Bolsonaro’s bigotry has helped launch a new era of brutality and threats (The Guardian).
Consider:
Homophobic hate crimes rose 75 percent during the three months leading up to the election of Bolsonaro (Washington Post).
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The city registered an average of 16 hate-crime cases a day in August, September and October, more than triple the daily average for the first half of the year (Washington Post).
Last month, Jean Wyllys, Brazil’s only openly gay congressman, gave up his seat and fled the country because of death threats and hateful messages (Human Rights Watch).
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One woman from Sao Paulo’s LGBTQIA+ community was attacked and murdered just a few streets away from some of the city’s most famous LGBTQIA+ bars and clubs. Witnesses say they heard the attackers shout “Bolsonar!” and “Faggots must die!” during the killing of 25-year-old trans woman Jessica Gonzaga. Another woman, Jenílson José da Silva, 35, was taken, raped, and brutally mutilated by the murderer, Caio Santos de Oliveira, who ripped out her heart and replaced it with a religious image (The Guardian).
Not only does public homophobia lead to harsh violence, but it also creates prejudice when finding a job, attaining health care, and seeking acceptance into schools and other organizations. Consequently, many LGBTQIA+ members, especially transgender people, resort to prostitution or other, dangerous jobs to make a living.
Health Care
Transgender people are among the most prone to prejudice, discrimination and violence. They have different gender identities than those imposed by heteronormative patterns in society. Transgender individuals do not identify with their biological sex and therefore seek out a sex change through a surgical procedure. Many who do so experience health disparities between sexual minority and heterosexual populations. According to a manuscript published by Obstetrics Gynecology Clinic of North America, “To ensure equitable health for all, there is urgent need for targeted culturally sensitive health promotion, cultural sensitivity training for healthcare providers and intervention focused research” (NCBI). To date, there is very little attention on reducing sexual orientation disparities for LGBTQIA+ people.
What this means for LGBTQIA+ Brazilians:
Brazil faces a lack of access to good doctors trained to work with transgender people and health care resources to undergo gender reassignment surgeries. What’s more, even doctors who are trained often do not accept transgender patients (The Brazilian Report).
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As a result, transgender people resort to getting pills and treatment on the street, so to speak (The Brazilian Report).
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This often results in severe complications and sometimes even death (The Brazilian Report).
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Brazil faces problems regarding conservative religious leaders, government and medical policies for LGBTQIA+ individuals. Surprisingly, Brazil is still noted by New York Times writer Rafael de la Dehesa as having made advanced steps to help its LGBTQIA+ citizens. He explains, “The country has legalized same-sex marriage, extended access to sex reassignment surgery and hormone therapy in its public health system, started a national plan across federal ministries to combat homophobia, and led international discussions on sexual orientation, gender identity and human rights” (The New York Times). There’s no doubt the victories are great, yet, beneath the surface, Brazil’s commitment to such actions falls short. It’s dangerous to see Brazil solely for its success, especially in an era where we’ve seen leaders of the country taking steps backward rather than forward.
For more resources and information, check out the following LGBTQIA+ organizations below (websites linked).
