Trans Rights in Mexico: Progress and Challenges
March 31 marks the International Day of Transgender Visibility, a moment to celebrate the achievements and resilience of trans people around the world, while acknowledging the ongoing challenges they face in enjoying the full range of their human rights.
Today, Human Rights Watch is publishing a map that tracks some of these gains in Mexico, and highlights areas where there is still work to be done. The map shows that 22 out of Mexico’s 32 states have legislated to create an administrative procedure for legal gender recognition for trans people. This allows them to modify their identity documents to accurately reflect their gender identity.
The recognition of one’s gender identity is a human right. Without it, for many trans people, any request for documents is fraught with the potential for discrimination, violence, and humiliation. Human Rights Watch has documented such violations in schools, medical clinics, and the labor market in the Mexican states of Guanajuato and Tabasco.
In Mexico, the judiciary has played a crucial role in recognizing this right. In a landmark ruling in 2019, the Supreme Court laid out clear guidelines to states on legal gender recognition. The court extendedthis right to all children in 2022. The Inter-American Court of Human Rights also found that states have an obligation to guarantee a simple and accessible procedure for trans people, including children, to have their gender legally recognized.
In Mexico, states have the authority to determine their laws in civil, family, and registration matters, which include implementing reforms for gender recognition. But in some states, political inaction has hindered progress. Eight states in Mexico have no procedure for gender recognition. Two others have procedures in practice, but not yet enshrined in law.
Even in states with gender recognition, more needs to be done. Only seven states extend legal gender recognition to children. Only three have explicitly recognized non-binary identities in their legislation.
Data: Gender Recognition in Mexico by State
Lesbian, gay, bisexual, and trans (LGBT) people are facing increasing threats to their rights worldwide, with governments enacting restrictive laws, political leaders amplifying hostile rhetoric, and cases of violence being far too common. Trans people remain an especially vulnerable group, including in Mexico.
Decision-makers in all remaining Mexican states should create legal gender recognition procedures so that trans people can enjoy their full human rights. Mexico has a real opportunity to serve as a model of progress and inclusion in this challenging landscape for the LGBT rights movement.