Colombia Diversa at the congressional hearing on the Gender Identity Law.

Colombia Diversa at the congressional hearing on the Gender Identity Law.

Colombia Diversa has been defending the rights of LGBTIQ+ people in our country for more than 20 years, which can be summarised as the right to exist, to express one's identity and to live the way one wants to live.

During this time Colombia has made progress in respecting the life and dignity of people, as evidenced by the more than 200 rulings that the Constitutional Court has issued recognising that the rights of LGBTIQ+ people are human rights and therefore deserve equal protection.

And that is exactly what we are talking about today, the request made by transgender people's organisations for Congress to legislate in favour of the protection of their rights. This protection does not start from scratch, but has already been analysed by the Constitutional Court in more than 60 rulings of constitutionality and review that protect the rights of trans people in aspects such as name change, sex correction, access to education, the right to non-discrimination in educational and work environments, deprivation of liberty, military passbook, pension, access to health services, among others.

Unfortunately, these judicial pronouncements have not been enough to stop discrimination against trans people in our country. For the year 2023, according to figures from the Colombia Diversa Observatory, in the case of homicidal violence and threats, trans people occupy second place with a percentage of between 20 and 30% of cases; and in cases of police abuse, i.e. violence caused by the security forces, trans people are the main victims, accounting for 34.6 % of cases.

PL 122 of 2024 CR, the Comprehensive Gender Identity Law, is therefore a call to Congress to fulfil its role of legislating to protect a population that has traditionally been mistreated, discriminated against and relegated to live on the margins of the law and the protection of the State. This is the opportunity for this legislative body to do its part in creating a more inclusive Colombia that respects human dignity in all its splendour. It is not a matter of privileging one person over another on the basis of their individual characteristics and vital aspects that may or may not be shared, but of making the values of democracy such as pluralism and diversity prevail.

In recent years Colombia Diversa has attended 193 legal consultations from trans people requesting information on access to and exercise of their rights, due to the fact that officials still do not consider the rulings of the Constitutional Court to be binding and trans people must go to the services they require with legal knowledge, almost with the rulings "in hand" to prove recognition of their rights. This situation would undoubtedly be remedied by a law that would close the interpretative gap on the recognition of the equal dignity of a trans person to access the services and protection that the State recognises for all persons.

It is necessary that, from the Congress and not only from the Cortes, what is stated in the preamble of our constitution regarding trans people is materialised for trans people. "to ensure life, coexistence, work, justice, equality, knowledge, freedom and peace for its members, within a legal, democratic and participatory framework...", as well as the provisions of Article 2 of the Constitution, which emphasise that "The authorities of the Republic are instituted to protect the rights of the people. all persons resident in Colombiain their life, honour, property, beliefs, and other rights and freedoms, and to ensure the fulfilment of the social duties of the State and of individuals".

In addition, it should be noted that this draft law complies with the principle of citizen participation, as it was drawn up based on the direct experience of trans people and their needs, and its drafting and structuring was carried out by trans organisations and trans people from all over the country.

To shelve or delay this project is to delegitimise their voices, their protection needs and ultimately their lives.

This law is precisely the opportunity to take action against the violence suffered by transgender people, of which the recent case of Sara Millerey is an example. To give it the necessary steps is a sign of real will to prevent situations like Sara's from happening again, beyond declarations, alerts, communiqués or expressions of rejection. Working against violence requires concrete decisions and this is an opportunity for Congress to make reparations to transgender people for the violence that continues today.

Colombia Diversa News