Inter-American Rights Watch

Brazil Criminalizes Use of Homophobic Slurs

By: Molly Osinoff

Impunity Watch News Staff Writer

BRAZIL – In August 2023, Brazil’s Federal Supreme Court held, by a 9-1 vote, that homophobic slurs are punishable by prison. The Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersexes (ABGLT), an organization dedicated to protecting LGBTQ people’s citizenship and human rights, brought the case to the Supreme Court.

People marching holding a large rainbow flag | Photo Courtesy of Getty Images

In 2019, Brazil’s highest court ruled that homophobia was a crime. The decision made homophobia, as applied to the LGBTQ+ community, a crime. The recent court ruling, however, applies to attacks directed at specific individuals.

In Brazil, there is a difference between racism, which punishes discriminatory offenses against a group of people, and making a racial insult, which is a crime that penalizes a person for using race to offend another person’s dignity. ABGLT argued that a distinction between homophobia and using homophobic slurs should be made to provide broader protection to Brazil’s LGBTQ community. ABGLT advocated for a law against homophobic insults, mirroring the law prohibiting racial insults. The recent court decision effectively equates homophobia to racism.

Despite transphobia’s classification as a crime in Brazil for the past three years, Brazil is the country with the highest number of transgender and queer people murdered in the world. A report published by Transgender Europe, a network of organizations that collects and analyzes data regarding transphobia, stated that 70 percent of murders of transgender people globally have occurred in South America and Central America. Thirty-three percent of those murders occurred in Brazil.

The Court’s ruling, a recent achievement for the LGBTQ community, comes after the conclusion of President Jair Bolsonaro’s term. Bolsonaro has famously said: “”I would not be able to love a gay son. I would rather he die in an accident.” During Bolsonaro’s presidency, Brazil’s education ministry terminated its department dedicated to diversity and human rights, reversing much progress that has been made during the past ten years, including the legalization of same-sex marriage in 2013 and the legalization of name and gender changes in 2018.

The recent court decision is an important step forward in protecting Brazil’s LGBTQ community. According to the national LGBTI+ Alliance, a Brazilian LGBQT rights group, “Such a decision brings legal certainty and reinforces the court’s understanding with regard to the principle of equality and nondiscrimination.” Minister Edson Fachin called this decision “a constitutional imperative.” Brazil’s Federal Supreme Court has officially demonstrated its intent to hold individuals accountable for their homophobic language.

For further information, please see:

ABC News – Jair Bolsonaro: Controversial Far-Right Politician Elected as Brazil’s Next President, Beating Rival Fernando Haddad – 28, Oct. 2018.

Barron’s – Brazil High Court Rules Homophobia Punishable By Prison – 22, Aug. 2023.

Buenos Aires Times – Brazil High Court Rules Homophobia Punishable by Prison – 23, Aug. 2023.

Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersexes (ABGLT).

Brasil de Fato – Brazil continues to be the country with the largest number of trans people killed – 23, Jan. 2022.

Transgender Europe – Trans Murder Monitoring Update – 11, Nov. 2021.

Washington Post – LGBT Rights Under Attack in New Far-Right President – 18, Feb. 2019.

Inter-American Commission of Human Rights Condemns Rising Violence Against Journalists in Haiti

By: Molly Osinoff 

Impunity Watch News Staff Writer 

PORT-AU-PRINCE, Haiti – On October 3, 2023, the Office of the Special Rapporteur for Freedom of Expression (RELE) of the Inter-American Commission of Human Rights (IACHR) published a statement condemning the increasing violence against journalists and media outlets in Haiti. The statement further urged Haitian authorities to “investigate in a thorough, effective, and impartial manner what happened, to prosecute and punish those responsible…”  

 
People carry a journalist who was tear gassed by the police during a protest over the death of journalist Romelo Vilsaint in Port-au-Prince | Photo Courtesy of the Associated Press
  

Haitian journalists have faced increasing violence in Haiti. Numerous journalists have been the victims of threats, abuse, and murder. In September 2022, while reporting in an area in the capital controlled by gangs, two reporters were fatally shot, and their bodies were set on fire. In August 2023, gunmen set fire to journalist Arnold Junior Pierre’s home. He had, weeks earlier, been assaulted by a group of unidentified people. In September 2023, at least twelve journalists fled their homes in the Carrefour Feuilles district, which is home to many journalists, in the wake of increased violence by gangs controlling the area. Media facilities have also been subject to attack. Gang members allegedly set a radio station facility on fire in July 2023. 

Haiti’s Constitution specifically addresses the right to freedom of expression. Article 28 of the Haitian Constitution protects the right to express one’s opinion freely by any means. Furthermore, the Constitution also addresses journalists. Article 28-1 states: “Journalists shall freely exercise their profession within the framework of the law. Such exercise may not be subject to any authorization or censorship, except in the case of war.” To further support journalists, the Constitution states that offenses involving the press and abuses of freedom of expression are to be considered under the code of criminal law.  

The violence journalists face is part of the rising gang violence that has been overwhelming Haiti since the assassination of President Jovenel Moïse in 2021. Since then, no leader has been elected. Armed gangs have taken control of up to 90 percent of Port-au-Prince, Haiti’s capital, engaging in widespread public killing, rape, and displacement. Between January 2023 and early August 2023, according to the United Nations, more than 2,400 people in Haiti were reported killed, and more than 950 people in Haiti were kidnapped. Over 200,000 people have fled their homes. Because journalists cover the extent of gang violence, they are often the victims of brutal attacks or murders by armed gangs seeking to maintain their power. 

As RELE emphasizes, violence against journalists violates the fundamental rights of individuals and freedom of expression. Violence affects more than the journalists themselves and their family members. Instead, the violence against journalists affects society as a whole by preventing citizens from being informed about issues that truly affect their lives and poses a threat to freedom of expression. 

For more information, please see: 

AP News – 2 Journalists Killed in Haiti While Reporting on Violence – 13, Sept. 2022. 

AP News – Witnesses: Journalist Killed After Police in Haiti Open Fire – 30, Oct. 2022. 

Constitution of Haiti (1987). 

Inter-American Commission on Human Rights – RELE Condemns the Escalation of Violence Against Journalists in Haiti and Calls for Comprehensive Solutions with the Accompaniment of the International Community – 3, Oct. 2023. 

New York Times – Kenyan-Led Security Mission in Haiti: What to Know – 2, Oct. 2023. 

Reuters – Americas Rights Court Condemns Violence Against Haiti Journalists – 3, Oct. 2023. 

Washington Post – U.S. Embassy in Haiti Tells Americans to Leave “As Soon As Possible” – 31, Aug. 2023.  

IACHR Hears First Case on El Salvador’s Total Abortion Ban

Alexa Connaughton
Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – The Inter-American Court of Human Rights has heard its first case regarding the total criminalization of abortion and is expected to deliver a formal written opinion before the end of the year. The case, Beatriz, et al. v. El Salvador, was recommended to the Court by the Inter-American Commission of Human Rights alleging violations of Beatriz’s rights to life and health, to be free from inhumane treatment, to privacy, and to equity before the law. The Court’s decision on this case is expected to set a precedent on abortion laws in Latin America if the woman’s life is in danger or if the fetus will not survive outside the womb.

 

Protesters placing candles at a memorial for Beatriz. Photo Courtesy of NBC News.

In 2013, eleven weeks into her pregnancy Beatriz was diagnosed with a high-risk pregnancy. Beatriz suffered from lupus and other ailments and was diagnosed shortly after her first pregnancy. An ultrasound revealed that the fetus was anencephalic, a lethal condition in which part of the brain and skull don’t develop inside the womb. Carrying this type of pregnancy to term can lead to many complications including obstetrical hemorrhaging. The medical committee at El Salvador’s national maternity hospital recommended an abortion, however, abortion is illegal in all circumstances in El Salvador. Beatriz’s legal team requested the termination of her pregnancy to save her life, but the Supreme court denied the writ, ruling she could not have an abortion. Beatriz later went into labor early and was required to have an emergency C-section, the fetus died only five hours later.

In El Salvador women have been convicted of homicide for having an abortion, with sentences ranging up to 40 years in prison. Doctors, nurses, and other medical professionals can be convicted if they are found to have supported a woman in getting an abortion and may receive up to 12 years in prison.

In 2021 the Inter American Court of Human Rights found El Salvador responsible for the death of Manuela, a woman who was sentenced to 30 years in prison, charged with aggravated homicide after suffering a miscarriage. As part of the Court’s decision on that case they ruled that criminal sanctions should not be imposed automatically when pregnancy ends as a result of an obstetric emergency. However, El Salvador has made no change to their criminal abortion laws following the 2021 ruling. The hope with the pending decision in Beatriz, et al. v. El Salvador, is that a decision condemning the blanket abortion ban as a whole or in circumstances of high risk will push legislation towards decriminalization.

For further information, please see:

Human Rights Watch – El Salvador: Court Hears Case on Total Abortion Ban – 23 Mar. 2023

IACHR – Caso Beatriz y Otros vs. El Salvador – 21 Feb. 2023

Inter-American Commission on Human Rights, OAS – IACHR Takes Case Involving El Salvador’s Absolute Ban on Abortion to the Inter-American Court of Human Rights – 11 Jan. 2022

Jurist – Inter-American Court of Human Rights hears El Salvador abortion access case – 23 Mar. 2023

NBC News – Activists urge human rights court to condemn El Salvador’s abortion ban – 7 Mar. 2023

Reuters – Human rights court begins review of high-stakes El Salvador abortion case – 22 Mar. 2023

The Guardian – ‘Historic moment’ as El Salvador abortion case fuels hopes for expanded access across Latin America – 24 Mar. 2023

Child Labor Violations Skyrocket in the U.S. with the Forced Labor of Migrant Children

By: Kendall Hay

Journal of Global Rights and Organizations, Senior Associate Member

WASHINGTON D.C., United States – New reports have recently surfaced bringing to light issues of forced labor among migrant children in the United States. The government has recently resolved the first of many cases brought against major companies that are at the heart of the exploitation. Packers Sanitation Services Inc. LTD. was prosecuted and fined $1.5 million in civil penalties in what is one of the largest cases in the history of labor violations. As violations have just begun to surface, it is expected that more litigation will ensue.

Child migrant worker. Photo courtesy of NBC news

Those being targeted are children who cross the border into the United States unaccompanied. Because U.S. law forbids unaccompanied minors to be turned away, many cross into the United States alone and are held in a holding facility until the Department of Health & Human Services (HHS) is able to locate an American sponsor. In the past, HHS has taken time to ensure that the vetting process is thorough by verifying that the sponsors are who they claim to be (typically relatives) and ensuring their agreement to provide for these children. However, due to the large number of unaccompanied children who have recently been crossing alone, detention facilities are at capacity, and the vetting process has become almost nonexistent, as the current administration has demanded that kids are moved through as quickly as possible.

This kind of quick processing has led to the exploitation of kids, as “sponsors” who have ill intentions for the kids are now able to traffic these kids and demand work in exchange for living expenses. These kids accrue a debt they are never able to repay and are forced to choose low-paying jobs and night shifts in local factories so that they are still able to attend school.

Although child labor laws in the United States allow 14-year-old children to work, there are many restrictions in place. Factory work, construction work, and other dangerous positions are restricted until the age of 16, and because school attendance is mandatory, the work chosen must not interfere with a child’s education.

However, recent reporting has found that children as young as 12 are working full-time jobs with extremely low pay and no experience. They are also often hired for the night shift because of the unpopularity of the hours, so they will still have the option to attend school. Because the work available to them is found in meatpacking plants, factories, food production plants, and construction sites, these children are constantly faced with dangerous and life-threatening conditions. As a result, serious injuries and many deaths of these minors have been reported. Machinery accidents, loss of limbs from assembly line work, and falls in construction jobs have all been documented.

Violations have been reported in all 50 states with major brands such as Target, Ben & Jerry’s, Walmart, Whole Foods, General Motors, Fruit of the Loom, Ford, and J Crew among the 850 companies all guilty of attributing to child labor violations.

While some companies are simply looking the other way when hiring these child workers and are failing to do due diligence when checking identification, others contract with hiring services and are not vigilant in overseeing who these services are actually hiring. Because the maximum penalty for violations is $15,000, there simply isn’t enough of a deterrent to prevent these practices from continuing.

The Biden Administration has vowed to crack down on these violations and the Department of Labor has begun investigations of over 600 violations. Lawmakers are also pushing for stricter laws in order to protect these minors that include larger penalties for violators. But with an unprecedented number of unaccompanied children crossing the border, a systemic change will be necessary.

 

For further information, please see:

NPR – How Child Labor Violations Have Quadrupled Since 2015 – 6 Mar. 2023

The New York Times – Lawmakers Clamor for Action on Child Migrant Labor as Outrage Grows – 3 Mar. 2023

CBS News – U.S. takes action to prevent migrant child labor amid rise in violations – 27 Feb. 2023

Reuters – U.S. to crack down on child labor amid massive uptick – 27 Feb. 2023

Economic Policy Institute – Child labor laws are under attack in states across the country – 14 Mar. 2023

IACHR Calls Honduras to Protect Human Rights Defenders After at Least Five Murders this Year

By: Marie LeRoy

Impunity Watch News Staff Writer

HONDURAS — The Inter-American Commission on Human Rights (IACHR) demands that Honduras investigate the murders of Human Rights Defenders “effectively and with due diligence” after yet another vicious murder this year.

Picture of activist in Guapinol, Honduras protesting open pit mining. Security forces look on from across the river. Picture curtesy of Ignatian Solidary Network.


At least five human rights activists, who focused on environmental rights, have been reported to have been murdered this year in Honduras. According to the IACHR, some of the activists have been targeted because of their involvement in the protests against the “operation of an open-pit oxide mine” in an aera in Guapinol, Honduras that had been designated as an “forest reserve”. Open pit mining can pollute rivers and contaminate water which directly effects the rural communities in Honduras relying on the river. The activists claim that the mining allowance was illegally granted because of the “forest reserve” status of the land and therefore should be stopped. The mining company and local authorities have responded to these protests by allegedly targeted around thirty-two leaders of these environmental groups and “falsely accusing them of crimes”.

Local police and prosecutor in Honduras have attempted to attribute these deaths to incidences of local violence unrelated to the Human Right Defenders’ protests. Some reports by the local police have stated that the victims’ deaths were a result of a “botched mugging” although the victims were found with their cellphones and money.

The lack of efforts by the police, prosecutors, and authorities to investigate and protect these Human Rights Defenders, and to even attempt to “cover up” the crimes, has not gone unnoticed. Human Rights Defenders in Honduras have had a longstanding history of being violently targeted in attempts to silence them in their opposition and their organizations. The way in which these Human Rights Defenders’ have been routinely targeted include acts of intimidation, including intimidating messages, harassment, and death threats, to outright acts of violence, including acts up to and including murder.

These acts on Human Rights Defenders can result in fewer and fewer individuals willing to advocate for these causes as well as similar important causes. The effects of the decline in advocacy seeps into every aspect of life, polluting and decaying entire communities’ quality of life until Human Rights in general are a thing of the past. The IACHR demands Honduras “take all measures necessary to protect the rights to life, integrity, and safety of human rights defenders” to ensure the continuation of advocacy in Honduras.

For further information, please see:

Aljazeera – UN calls for probe into killing of two Honduran environmentalist- 12 Jan. 2023

Business & Human Rights Resource Centre – Honduras: IACHR condemns killing of at least 5 land defenders and calls on the State to investigate them diligently and effectively – 14 Feb. 2023

Business & Human Rights Resource Centre – Honduras: Local activists & UN call for investigation after murder of 2 human rights defenders—17 Jan. 2023

IACHR- Press Release IACHR Condemns Murders of Right Defenders in Honduras- 14 Feb. 2023

The Guardian – Honduran environmental defenders shot dead in broad daylight – 11 Jan. 2023

ProtectDefenders.edu – Honduras: Violent attacks & murder of human rights defenders—9 Feb. 2023