:quality(85)/cloudfront-us-east-1.images.arcpublishing.com/infobae/EPXQ3NA7FJAZXCFLFTUO77S3PA.jpg?w=1200&resize=1200,675&ssl=1 "“The name is immutable”: With transphobia, Reniec appeals ruling that granted the right to identity to a trans woman")
For seven years, Kriss Ampudia turned to the courts so that their identity is recognized in a country without a Gender Identity Law, or against hate crimes, nor about trans job quota. As these rights are still denied – and there is no administrative procedure that expedites the process of changing the name and sex of trans people – the only way to obtain a change in their identity data is to initiate a judicial process in civil proceedings. .
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It is a tiring and expensive path. In that way, the right to identity remains in the hands of magistrates of the Judicial Branch and the attorneys of the National Registry of Identification and Civil Status (Reniec), who often “do not comply with the standards of the Inter-American Human Rights System,” according to the organization. Justice for Diversity which represents Kriss.
After numerous procedural obstacles, the Quito Transitory Civil Court finally issued a ruling that granted him the long-awaited name change. However, Reniec’s deputy attorney general, Daniel Soria, has appealed the decision, which could extend the process for years.
“In the case of Kriss, what we feared happened, because despite having obtained a favorable ruling, it is Reniec that once again violated his rights by appealing this decision, managing to extend the process for several more years,” said the lawyer. Juan Manuel Castillo who leads a legal assistance project for trans people to achieve that right.
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According to the organization, which sent a statement to Infobae Peru, Soria alleged in his appeal that “the name is immutable,” requested a psychological expertise—prohibited by the Inter-American Court of Human Rights (IACHR)—, cited repealed jurisprudence, and ignored the recommendations of the Inter-American System.
The attorney indicated, similarly, that there are only two biological sexes, alleged “falaciously” that the Civil Code “prohibits” name changes for trans people and described name changes based on gender identity as “legal absurd.” .
The Reniec attorney’s office had previously stopped the process of Samantha Puente, another trans woman who struggles to access that right. According to Justice for Diversity, in this last case the organization alleged that it was “a taste, whim or fashion” of the plaintiff “to feel like a woman.”
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“Last night we were celebrating the historic sanction for the complaint of discrimination against Etza Wong (La Uchulú),” says Colectivo Féminas Perú.
“Faced with this situation of institutionalized transphobia by the State, the organization aims to create a legal precedent that serves to guarantee the right to identity of all trans people in Peru, and that despite being the most visible face of the population LGBTI, are those who have the least right to identity,” the statement concludes.
The deprivation of the right to identity is the main problem (35%) of the trans community, followed by difficulties in accessing employment and bullying, according to a survey by the Catholic University.
In 2021, four years after it was presented in Congress, the prediction of the Gender Identity Law obtained approval from the Women and Family Commission with which it went to the plenary session of Parliament for debate and eventual final approval.
The Ombudsman then urged the chamber to debate and approve the law “in the shortest possible time” and Amnesty International hoped that the plenary session approves the legislative initiative “without delays.” But to date, with a new Parliament of extremes, the project seems to fade before the arrival of anti-rights deputies, so that Peru, as in other achievements for equality, continues to lag behind in this initiative that is already legal in Argentina (2012), Bolivia (2016) and Chile (2018).
Source: Luis Paucar from Infobae.com on 2024-02-05 19:50:40
