A/79/151
Superior Electoral Tribunal of Brazil decided in 2018 to interpret a 30 per cent quota
for women candidates foreseen in the election law as inclusive of trans women,
leading – according to an analysis by the Inter-American Commission on Human
Rights – to a significant increase in trans women running for office and winning
electoral contests, notwithstanding attempts by some politicians to restrict the
interpretation of “sex” in relevant jurisprudence to biological sex. 93,94
26. Legal and mandatory candidate quotas for LGBT persons established in
Mexico 95 have evidently led to an increase in the number of trans persons running for
office and being elected, but there are also reports of “impersonation of gender
identity” to obtain registration. 96 Such cases represent a harm against women,
including trans women, and transgender people more generally, as distinct and
overlapping historically marginalized groups, in particular as such acts blur
fraudulent identification with the genuine disclosure of gender identity, playing into
harmful anti-trans narratives, especially if this leads to calls for additional
burdensome requirements to verify transgender identity, which create barriers to
formal identification and therefore participation. 97
27. Other seemingly neutral requirements for candidate registration may
disproportionately affect prospective LGBT candidates. For example, a requirement
to collect supporting signatures of incumbent elected officials in a polarized
environment rife with homophobic rhetoric may be more difficult to fulfil for openly
LGBT candidates or those supporting equal rights of LGBT persons. 98
28. The implementation of electoral laws through regulations and administrative
practice offers significant opportunities to promote the participation of LGBT
persons. Regulations need to facilitate the meaningful participation of all citizens, be
formulated with an awareness of unintended discriminatory aspects, and address
barriers to electoral participation due to legislation or administrative practices.
Election management bodies are the key actors in this regard. For example, even
where electoral laws do not specifically address sexual orientation or gender identity,
the principle of universal and equal suffrage for all citizens should be the basis for
removing barriers to the full participation of LGBT persons.
V. Election administration
29. Election administration facilitates the right to vote and to stand in elections.
Election management bodies enforce national-level commitments through specific
activities needed for the administration of elections, as well as through the adoption
and implementation of specific, binding regulations. The functions of such bodies
vary depending on each specific context, but common roles include conducting voter
and candidate registration, establishing civic and voter education programmes, and
managing voting procedures and the transmission of results. Ensuring that all
candidates and voters can exercise their political rights without discrimination,
including with explicit protections stated regarding sexual orientation and gender
__________________
93
94
95
96
97
98
12/25
OEA/Ser.L/V/II.170 Doc.184 (see footnote 28), p. 71.
Submission by VoteLBGT, p. 2.
Submission by the Human Rights Commission of Mexico City, p. 2. See the judgment of the
National Electoral Tribunal SUP-RAP-121/2020 that led to the decision of the National Electoral
Institute.
Submission by the Observatorio Latinoamericano y del Caribe de los Derechos Políticos y
Electorales de las Personas Trans, p. 11; and joint submission by the Network of LGBTI
Litigants of the Americas, the LGBTTTI and Sex Workers Coalition with work before OAS and
the Regional Network without LGBTI Violence of Latin America and the Caribbean, p. 2.
José Luis Vargas Valdez, SUP-JDC-304/2018 y acumulados (casos muxes).
Submission by Coming Out+, p. 2.
24-12964
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