The Inter-American Court of Human Rights ruled that the government of Honduras was responsible for the 2009 murder of a transgender woman. Today, Honduras is one of the largest contributors to anti-trans violence in Latin America.
Transgender pride flags. Ted Eytan. CC BY-SA 2.0
On June 26, the Costa Rica-based Inter-American Court of Human Rights delivered a landmark ruling in a transgender rights case. The court held that the government of Honduras was responsible for the 2009 murder of trans woman and trans rights activist Vicky Hernández, stating that the government had violated Hernández’s rights to life and fair trial.
Hernández was 26 years old when she was killed by a single gunshot to the head. No one was ever charged for the crime.
The Court’s ruling stated that Honduran authorities did not sufficiently investigate Hernández’s death. Her murder was dismissed quickly as a “crime of passion,” and police failed to interview anyone from the scene or examine the bullet casing. It is unclear whether a postmortem examination was performed.
Lawyers acting on behalf of Cattrachas, the LGBTQ+ rights organization that brought forward the case, argued that this incomplete investigation was a result of Hernández’s gender identity. Robert F. Kennedy Human Rights reports that during the investigation, authorities continuously identified Hernández as male and referred to her on documents and records by her birth name, which she did not use. In 2009, shortly before Hernández’s killing, Human Rights Watch published a report which found that police in Honduras routinely failed to investigate reports filed by trans people. The report also detailed the harassment and beatings that trans people had endured at the hands of the police.
Hernández’s murder occurred on June 28, 2009, the first night of a military coup against then-President Manuel Zelaya. Zelaya was taken into custody, and the military imposed a 48-hour curfew, leaving the streets closed to everyone but military and police forces. Hernández was a sex worker, and was still on the street after curfew arrived, along with two other trans women. The three women saw a police car approaching and scattered, fearing violence. The next morning, Hernández’s body was found in the street.
Due to the circumstances surrounding her death, lawyers for Hernández’s case posited that she was the victim of an extrajudicial killing, meaning that state agents were responsible for her death. Robert F. Kennedy Human Rights points to the execution-style way in which Hernández was shot and the fact that the streets were closed to everyone but police and military forces, as well as the lack of effort put into the criminal investigation.
In its ruling, the Court found evidence that state agents had participated in Hernández’s death.
Hernández’s murder was the first in a wave of anti-trans violence that followed the 2009 coup. Cattrachas documented 20 deaths of LGBTQ+ people in the 15 years before the coup, and 31 deaths in the eight months directly afterward. 15 of these 31 people were trans women, like Hernández.
Today, Latin America is still a deadly area for LGBTQ+ people. Research released in 2019 showed that four LGBTQ+ people are murdered every day in Latin America and the Caribbean, with Honduras, Columbia and Mexico accounting for nearly 90 percent of these deaths. In 2020, Human Rights Watch published a follow-up to their 2009 report, which found that LGBTQ+ Hondurans still face rampant discrimination and violence from police and other authorities, as well as from non-state actors.
Twelve years after Hernández’s murder, Honduras is finally being held accountable for its anti-LGBTQ+ violence and being made to implement reforms. Activists hope that the ruling will encourage other Latin American countries to address their own issues with violence against the LGBTQ+ community.
The Court’s ruling included orders for the Honduran government to pay reparations to Hernández’s family, restart its investigation into her murder and publicly acknowledge its own role in the event, train security forces on cases involving LGBTQ+ violence, and keep a better record of cases motivated by anti-LGBTQ+ sentiment. The Court also ordered the Honduran government to allow people to change their gender identity in documents and public records, which is a major step forward. The next step is ensuring that Honduras’ new LGBTQ+ legislation is actually enforced.
Rachel Lynch
Rachel is a student at Sarah Lawrence College in Bronxville, NY currently taking a semester off. She plans to study Writing and Child Development. Rachel loves to travel and is inspired by the places she’s been and everywhere she wants to go. She hopes to educate people on social justice issues and the history and culture of travel destinations through her writing.