Transgender in the U.S.? Trans people in Chile are treated better
U.N. health specialist pushes for gender equality, especially including transgender people
While the rights and even the existence of transgender U.S. citizens are under attack, the South American nation of Chile is protecting and expanding the rights of transgender and other LGBT Chileans.
Tlaleng Mofokeng, the U.N. Special Rapporteur on the Right to Health, is urging renewed international efforts to achieve gender equality, especially for LGBTIAQ+ and gender-diverse persons, at a time when President Donald Trump is busy violating the human rights of transgender people.
To see how to do it right, she says, look at the example of Chile, especially its 2012 Anti-Discrimination Law and its 2019 Gender Identity Law.
“The lingering vestiges of patriarchal, hegemonic and colonial ways of thinking, shape how societies define who deserves humanity, and thus deserves to enjoy human rights,” Mofokeng says. “LGBTQIA+ people are often stripped of both their dignity and their human rights. Thus, the impact of the way we define our societies is particularly profound on the physical and mental well-being of individuals, especially LGBTQIA+ persons.”
Mofokeng has been the U.N. Special Rapporteur on the Right to Health since 2020. A physician from South Africa, she has also served as chair of the Sexual and Reproductive Justice Coalition of South Africa.
She submitted this commentary in connection with the 69th session of the Commission on the Status of Women (CSW) taking place at United Nations Headquarters in New York from March 10 to 21:
The Fight for Bodily Autonomy in the Face of Gender backlash: The CSW Must Do More to Protect the Rights of LGBTQIA+ People
Dr. Tlaleng Mofokeng
Despite decades of advocacy, the fight for gender equality — especially for LGBTIAQ+ and gender diverse persons — remains out of reach. As the sixty-ninth session of the Commission on the Status of Women (CSW69) convenes this week, the international community must move beyond ceremonial and routine discussions to take meaningful action.
At the session, members will undertake a comprehensive review of the progress made in advancing gender equality and women’s empowerment with a particular focus on assessing the persistent challenges that hinder the full implementation of the Beijing Platform for Action.The session will also evaluate the role of gender equality in achieving the broader objectives of the 2030 Agenda for Sustainable Development, ensuring that women’s contributions are recognized as integral to sustainable and inclusive development worldwide.
Yet, the world over, and despite global calls and action for equality across many tapestries woven by the resilience of women, the goal of gender equality remains elusive. The 2024 Global Gender Gap Index, which reviewed 146 countries, finds that there has only been a slight improvement in the global gender gap, and will still take five generations to close at current progress.This is especially true for those in vulnerable situations including, among others, LGBTIAQ+ and gender diverse persons. With the rise in nationalist patriotism and contestation of rights already gained through the courts, a deeper examination of the legal and political determinants to the gender equality gap is long overdue.
CSW69 must move beyond ceremonial and routine discussions to actively addressing the structural violence that is often subtle, normalized, and embedded within laws, policies, and institutional practices that create unjust barriers. Structural violence remains a fundamental obstacle to achieving gender equality. The lingering vestiges of patriarchal, hegemonic and colonial ways of thinking, shape how societies define who deserves humanity, and thus deserves to enjoy human rights. LGBTQIA+ people are often stripped of both their dignity and their human rights. Thus, the impact of the way we define our societies is particularly profound on the physical and mental well-being of individuals, especially LGBTQIA+ persons.
To achieve meaningful progress, we must create an environment where individuals can thrive psychologically, mentally, culturally, economically, spiritually, and physically. Around the world, there are promising examples of legal and policy advancements that protect and uphold LGBTQIA+ rights. CSW69 must engage in a thorough review of these legal frameworks, not as a symbolic gesture of solidarity, but with a firm commitment to justice, amplifying and learning from systems that uphold human dignity and the full exercise of personhood. This will support global efforts to enhance global protection of human rights and hold states to account in their international obligations.
Breaking Barriers, Dismantling Medicalized Bureaucracy!
Chile is one of the countries that exemplifies progress through law in advancing the personhood, dignity, and human rights of LGBTQIA+ individuals while working to close the gender gap. A key milestone in this effort is the landmark 2019 Gender Identity Law (Ley de Identidad de Género) which upholds the right of transgender Chileans, including youth, to update their national identity documents to reflect their true identity. Notably, the law eliminates the need for invasive medical procedures, prolonged court processes, or extensive assessments, shifting the power from medicalized bureaucracy to the individuals it is designed to protect.
At the parallel event to the CSW69, the Chilean Minister and Ambassador will reaffirm that the state’s recognition of the identity and existence of trans people was instrumental in building a foundation for the recognition of their human rights. The 2012 Anti-Discrimination Law not only affirmed the right of sexual minorities to exist but marked a foundational shift by explicitly protecting individuals from discrimination based on sexual orientation and gender identity. LGBTQIA+ Chileans were able to seek the protection of the state wherever they faced discrimination – a major win for a historically marginalized population group.
In Chile, while anti-LGBTQIA+ sentiment is generally low, sexual and gender minorities still face the risk of hate crimes and abuse. In 2022, prominent transgender activist, Claudia Diaz Pérez, was found dead in her apartment with head injuries resulting from an attack. The threat of death, coupled with discriminatory attitudes, can lead to other health issues such as anxiety and depression.
A healthcare revolution under construction
The government of Chile has made incredible strides in recognizing the personhood and dignity of transgender people and other sexual minorities. The “Crece con Orgullo,” or “Grow with Pride” program provides transgender and gender-diverse youth with gender-affirming care, family guidance, and educational support, upholding their right to both physical and mental health. Additionally, Chile has outlawed “conversion therapies”, protecting LGBTQIA+ populations from violence and death. The results of legislative reforms have translated into positive reports of good health and greater care utilization among LGBTQIA+ Chileans.
The Road Ahead
Chile’s progress in advancing LGBTQ+ SRHR [Sexual and reproductive health] is commendable, and with the various stakeholders presenting their testimonies at this parallel event, Strengthening anti-discrimination institutional frameworks and the State’s willingness to collaborate with civil society and technical expertise from UN experts, Chile will be set on a path to lead the region in implementing stronger anti-discrimination protections within medical and healthcare settings, expand SRHR education to include LGBTQIA+ needs, and increase funding for gender-affirming services.
By collaborating with transgender individuals, civil society actors, and human rights defenders, member states can safeguard and strengthen economic, social, and cultural rights and protections at the national level. Together, we must take action to promote gender equality, close the gender gap across all spheres, and build a more equitable world for all to thrive!
