The Supreme Court of Justice of the Nation (SCJN) of Mexico covered a transgender refugee woman and forced the National Migration Institute (INM) to recognize her gender identity in her migratory documents, the Ibero -American University (UIA) reported Wednesday.
In a statement, he explained that on Tuesday the SCJN “resolved an indirect protection in favor of a transgender refugee woman,” said amparo was promoted by the Alaide FOPPA Legal Clinic for people’s refugees against the IM “for lacking procedures that allow her to issue migratory documents that reflect the gender identity of transgender people.”
He explained that the victim of the case “would have repeatedly suffered transphobic violence in Guatemala, which would have forced her to close her business and flee to Mexico.”
Once in Mexico, she requested to be recognized as a refugee before the Mexican Commission for Refugee Aid (Comar) since she feared that “if deported could be tortured or murdered” and after analyzing her case, the region would have corroborated this risk and recognized her as a refugee.
The statement explained that after being recognized by the region “the victim approached the INM to grant him a migratory residence”, but unfortunately, the card granted “did not reflect the name or gender with which he identified socially, which caused him to suffer many cases of discrimination again.”
He also noticed that “every time she was forced to show her migratory documents to identify, she was identified as a transgender woman and treated with rejection accordingly.”
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Given this, he approached the Legal Clinic, which presented an amparo in his favor claiming violations of his identity, recognition of legal personality and his right to non -discrimination.
In the sentence, the SCJN acknowledged that “the migratory documents function as identity documents of foreign and refugees” and observed that the norms established by the administrative procedures of issuing migratory documents “exclude from their regulation the needs and rights of foreign transgender persons.”
In addition, the SCJN acknowledged that INM procedures for the issuance of cards “discriminate for excluding transgender people and reiterated that transgender people have the right to count documents that reflect their identity, regardless of whether they are national or foreign.”
Consequently, he ordered the INM to “implement mechanisms that allow the modification of identity data and adjust it according to the gender identity of foreign people.”
With EFE information
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