In a landmark decision, Mexico City lawmakers approved a series of reforms that impose tough new penalties for the murders of transgender people, making such crimes punishable by up to 70 years in prison. The legislation, known as the “Paola Buenrostro law,” was passed by a vote of 45 to 1 and is seen as a significant step towards addressing the pervasive violence and discrimination faced by the transgender community in Mexico.
Transfemicide: An Extreme Manifestation of Gender Violence
The approval of these changes, promoted by the ruling Morena party, is a critical move in recognizing and combating transfemicide — the killing of transgender individuals because of their gender identity. Lawmaker Ana Francis Lopez emphasized that transfemicide is “an extreme manifestation of gender violence and discrimination,” highlighting the urgent need for legal measures to protect one of the most vulnerable groups in society.
The reforms are named in memory of Paola Buenrostro, a transgender woman who was murdered in 2016, whose case drew widespread attention and outrage due to the lack of justice and accountability. Transgender activists and allies gathered outside the Mexico City legislature to celebrate the approval, viewing it as a hard-won victory for their community.
A Growing Movement for Trans Rights in Mexico
Mexico City is now the second of the country’s 32 states to criminalize transfemicide, following the western state of Nayarit, which introduced similar penalties in March with prison sentences of up to 60 years. These legislative advances come amid a backdrop of ongoing violence against the LGBTQ community in Mexico. According to the civil organization Letra Ese, 231 members of the LGBTQ community were murdered between 2021 and 2023, with 65 percent of those victims being transgender individuals.
Despite these legal strides, the transgender community in Mexico continues to face significant challenges. In the first two weeks of 2024 alone, at least three transgender people were killed, with rights groups investigating additional cases. Among the victims was transgender activist and politician Samantha Gómez Fonseca, whose death spurred protests and calls for justice from the LGBTQ community.
A Wave of Protests and Calls for Justice
Following Fonseca’s death, around 100 people marched in Mexico City, chanting “Samantha listen, we’re fighting for you” and carrying signs that read “your hate speech kills.” Protesters also spray-painted “trans lives matter” on the walls of Mexico’s National Palace, signaling their frustration and anger at the continued violence and lack of protection for transgender individuals.
Paulina Carrazco, a 41-year-old trans woman who took part in the march, expressed the general fear felt by the community. “We are scared, but with that fear we’re going to keep fighting,” she said. “We’re going to do everything in our power so the next generations won’t have to live in fear.”
Systemic Challenges and Presidential Controversy
Systemic problems like corruption and inefficiency in the judiciary and law enforcement frequently make the violence against transgender people in Mexico worse. Letra S, a prominent LGBTQ rights group, has documented at least 513 targeted killings of LGBTQ individuals over the past six years, with a significant portion of these cases remaining unsolved.
Recent comments by President Andrés Manuel López Obrador, in which he referred to a transgender congresswoman as “a man dressed as a woman,” have also fueled transphobia and hate crimes, according to activists. Although the president later apologized, the damage was done, as such remarks contribute to a culture of discrimination and violence.
The Struggle for Recognition and Safety
For many transgender individuals in Mexico, finding work and living safely is an ongoing struggle. Xomalia Ramírez, a 55-year-old transgender woman from Oaxaca, shared her experiences of being forced to present as a man to secure employment. “If I want to work, I have to disguise myself as a man,” she said. “If I don’t, I won’t eat.”
Transgender activists like Kenya Cuevas, founder of Casa de Muñecas, have been at the forefront of the fight for justice and recognition. Cuevas became an activist after her friend Paola Buenrostro was murdered in 2016. Despite multiple witnesses and video evidence, the alleged killer was released, highlighting the challenges faced in securing justice for transgender victims.
A Place of Dignity and Remembrance
Cuevas’ organization has also made strides in providing dignified resting places for transgender women who have been victims of violence. The Mausoleum Tiresias, inaugurated in mid-September, is the first burial site for transgender women in Mexico. Located in San Lorenzo Tezonco Cemetery, it offers a place of dignity and remembrance for those who have lost their lives to hate crimes.
The mausoleum, which has space for 149 women, aims to honor their identities and memories. “It is a space where we will be able to dignify them, recognize identities, but also to remember their memories as we all deserve,” Cuevas said.
Ongoing Efforts and the Fight for Change
Despite the progress made with the new law, there is still much work to be done to ensure the safety and rights of transgender individuals in Mexico. Activists continue to push for comprehensive legal reforms, including the classification of transfemicide as a hate crime and the implementation of protocols to ensure proper handling of cases involving transgender victims.
Lina Pérez, president of the pro-LGBTQ organization Cuenta Conmigo, pointed out that authorities often look down on transgender individuals, contributing to a culture of impunity. “It’s easier to grant impunity because the same people that oversee the law think that they’re sick, that there is something wrong with them,” Pérez said.
The Bottom Line
The approval of the “Paola Buenrostro law” marks a significant step forward in the fight against violence and discrimination faced by transgender individuals in Mexico. It is a testament to the resilience and determination of the transgender community and their allies, who continue to advocate for justice and equality.
As the fight for transgender rights continues, the hope is that these legal reforms will pave the way for a safer and more inclusive society, where transgender individuals can live without fear and discrimination. The journey is far from over, but each step brings the community closer to achieving the recognition and protection they deserve.
