“Children of the LGBTQ Community” by Dr. Blanca Estela del Rosario Zamudio Valdes

I would like to share the following concern, which corresponds to the issue of girls, boys and adolescents who are part of the trans community; because of the conflict that exists in Mexico City law to make effective a human right and that corresponds to identity; since at this time they cannot be given their birth certificate where the gender of that girl, child or adolescent appears; since its name and gender are not agreed in the primary document of birth registration; problematic that exists since 2015 when reforms to the civil code of Mexico City are approved, specifically to articles referring to actions before the reform that could be exercised before the courts in the field of family orality and that currently have to be exercised in the administrative way, directly in the Directorate of the Civil Registry. There is a legal loophole for trans children to exercise that right directly before the Capital’s civil registry. Problems that are leading to the violation of various human rights, children and adolescents in this situation, since not only the human right to identity is violated, but also the right to have a name, the right to education, the right to health, among others.

There is a reform project in the Congress of Mexico City, which has already been studied in committees, however, it has not been able to be approved in the plenary session of the Congress because there are different opinions that are made by  stereotypes and  gender-based violence. It is time to realize what is set out in article 1 of the Political Constitution of the United Mexican States, the duty of the state to promote, protect, respect and guarantee the human rights of this community, as well as to ensure its best interests as established by the convention on the rights of children.

The article was written by IAWJ member, Dr. Blanca Estela del Rosario Zamudio Valdés. The views presented in this article are those of the author and do not necessarily represent the views of the IAWJ.