Femicidio refers to the murder of a woman because of her gender. Feminicidio emphasizes the role of the state in enabling these crimes and the impunity with which they are treated. Feminist legal activism and the development of supranational and regional human rights instruments throughout the 1990s and 2000s were essential to the development of femicidio/feminicidio laws across Latin America. As of 2018, such laws were in effect in 18 countries across the region. However, the precise content and scope of laws criminalizing femicidio/feminicidio vary. For example, in the case of Mexico, transnational feminist legal activism, including a case brought before the Inter-American Human Rights Court, was essential to shaming the Mexican state into codifying feminicidio. This process was facilitated by the presence of feminist legislators within the Mexican legislature, who advocated for such legislation. In the case of Nicaragua and Peru, local feminist advocacy and copious documentation of the scope of the problem of femicidio/feminicidio proved more significant in the ultimate codification of femicidio/feminicidio. However, the legal advances against gender violence achieved in Nicaragua in 2012 were subsequently undone due to pressure from men’s rights and religious conservatives, leading to the weak implementation of the law criminalizing femicidio.
Natasha Israt Kabir and Khadiza Tul Qubra Binte Ahsan
Acute discrimination has been witnessed across Asia regardless of individual countries’ specific policies towards transgender people. As individuals, it would be reassuring to believe that Article 1 of the UN Charter, which states that “All human beings are born free and equal in dignity and rights,” would encourage people to ignore gender differences. In different parts of Asia, even where transgender people have been officially recognized, their rights are fragile. Indeed, today activists focus more on women’s rights than on the rights of all sexual minorities, who as a consequence often live in extreme poverty and ill-health. The exclusion of the transgender community in governmental policymaking is another salient reason for their current living conditions. Even though transgender candidates participate in elections in most countries, their representation in parliaments is rare. Furthermore, violence toward the transgender community is such a common scenario that it has become normalized. Victims rarely get support because of legal loopholes and the unwillingness of the law enforcement agencies to help. Transgender and gender diverse people are not only targeted but also discriminated by law through a denial of gender marker change on official documents; the criminalization of the gender and sexual preferences of transgender and gender diverse people; the exploitation of public order, homelessness, and minor offenses; the criminalization of consensual homosexuality and intimacy; and police abuses even in the absence of a specific offense. Regardless of parliamentary legislation and other legal frameworks, policymakers and law enforcement agencies routinely operate outside the law to violate the rights of transgender and sexual minority people. Among the abuses reported by transgender persons are blackmail, extortion, public humiliation, and physical and sexual violence. If policies to socially integrate transgender and gender diverse peoples are not implemented, the state of the transgender community in Asia will not improve.