Inclusion Of The LGBTQIA+ Community As A Factor For Development In Mexico

• Published date: 28 June 2021
• Subject Matter: Employment and HR, Government, Public Sector, Discrimination, Disability & Sexual Harassment, Human Rights
• Law Firm: Hogan Lovells, Mexico
• Author: Mr René Arce Lozano

In Mexico, 53% of the people surveyed by Encuesta Nacional de Discriminación por Orientación Sexual e Identidad de Género ("ENDOSIG") mentioned that they have been a victim of harassment, hate speech and physical attacks due to their sexual orientation. Also, 60% of the people surveyed mentioned that they felt discriminated for their physical appearance, manner of speaking or other gender expressions at least once over the last year. Additionally, data from ENDOSIG found that at least 7 out of 10 individuals prefer to hide their sexual orientation or gender identity out of fear of being discriminated¹.

Additionally, data from ENDOSIG indicates that 25.3% of the people surveyed have been denied access to medical care, provision of public services, business facilities, education, financial products, justice or labor opportunities for reasons related to their sexual orientation. Furthermore, 7 out of 10 LGBTQIA+ individuals stated that they have felt discriminated against regarding educational positions and half said they have experienced, at least once, situations of harassment, bullying or discrimination at work.² Also, 1 out of 3 complaints submitted at Consejo Nacional para Prevenir la Discriminación ("CONAPRED") is related to discrimination in the workplace while 14% refer to cases of discrimination in the provision of public services. This provides for a simple conclusion: Constitutional rights for all Mexicans to be treated with dignity, to work and to a life free of violence are not complied with in Mexico regarding sexual orientation discrimination.

In light of this data, this article provides simple overview of advancements regarding legal inclusion of LGBTQIA+ community and highlight the importance of inclusive economic development.

Legal LGBTQIA+ inclusivity in Mexico

Legal inclusion regarding same sex-marriage and adoption as well as transgender rights diverge among States in Mexico. In 2015, Suprema Corte de Justicia de la Nación ("SCJN") ruled that there is no constitutional principle to not recognize same sex marriages³. However, same-sex couples continue facing challenges as States have different legislation regarding marriage and civil registries that continue to reject applications for same-sex marriages. Likewise, over the last few years the SCJN has issued binding judicial precedents on all courts securing adoption rights for same-sex couples nationwide and transgender rights⁴.

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