V. Specific Recommendations
To the Government of
On Law Enforcement
- Revise the Law on Police and Social Affairs
to eliminate ill-defined references to “morality” as well as other
vague language that can be used to justify the discriminatory targeting of
transgender people. Law enforcement officials should not use the Law on Police
and Social Affairs as a justification to arrest transgender people who do
legally permitted sex work.
- Publicly condemn ill-treatment of transgender
people by police and other state agents, as well as extortion, unlawful use of
force, and other abuses.
- Conduct independent, impartial, and
effective investigations into acts of extortion and unlawful use of force
against transgender people by Honduran law enforcement officials. Initiate
administrative and criminal investigations against officials found to have
engaged in or condoned violence against or extortion of transgender people.
- Issue a written directive from the Ministry
of Security to all law enforcement institutions reaffirming that violence,
abuse, and discrimination based on gender identity or expression, as well as
sexual orientation, will not be tolerated and will be sanctioned.
- Improve the registration of detainees at
police stations to avoid ill-treatment of those detained, including by ensuring
that transgender people can be registered under either their chosen or their
- Guarantee that, whenever detained,
transgender people are placed in facilities appropriate to their needs,
including in police lockups. Cases should be assessed on an individual basis,
with criteria developed in consultation with representatives of lesbian, gay,
bisexual, and transgender civil society actors, rather than through a blanket
- Ensure respect for and protection of the
human rights of detained transgender people, including their right to access to
a lawyer, their right to a phone call, and protection against cruel and
inhumane treatment and freedom from discrimination and violence.
- Provide regular training to law enforcement
officials, in particular to the police, the National Department of Criminal
Investigation, and all staff of the Office of the Attorney General, on human
rights issues in general and in particular on issues of gender identity, gender
expression, and sexual orientation.
- Guarantee due process for transgender people
as well as lesbian, gay, and bisexual people, and ensure that their treatment
by the police does not discriminate on the basis of sexual orientation or gender
identity and expression.
- Establish protocols for the treatment of
lesbian, gay, and bisexual people by the police based on international human
- Conduct effective and prompt investigations
into all reports of violence against transgender people.
On Gender Identity and
- Reform the civil law code and the Law on
People’s National Registry to institute simple, non-surgically based
procedures allowing transgender people to change their identity card legally to
reflect their chosen name and lived gender.
- Adopt a comprehensive law on
non-discrimination based on international human rights standards, including
sexual orientation and gender identity and expression, that would enhance and
specify the protections of article 321 of the Penal Code, and that would create
an independent body to promote non-discrimination and equality and monitor
compliance with this law by public and private actors.
- Develop public education programs using the
media, public events, and school curricula to address the harmful effects of
stereotyped gender roles and the importance of non-discrimination based on
gender, gender identity and expression, and sexual orientation.
To the International
- Ensure that all development programs that
receive financial support address the specific needs and vulnerabilities of
transgender and lesbian, gay, and bisexual communities, and promote the
protection of people based on gender identity, gender expression, and sexual
orientation against police and other abuse.
To the United Nations
- Request that the Panama Regional Office of
the Office of the High Commissioner for Human Rights monitor the human rights
situation in Honduras, including state and non-state violence and other abuses
based on gender identity, gender expression, and sexual orientation.
Nongovernmental Organizations (NGOs)
- Co-operate with transgender and lesbian,
gay, and bisexual people’s organizations in monitoring and mainstreaming
LGBT issues to ensure full respect for their human rights.
- Include issues of gender identity, gender
expression, and sexual orientation in shadow reports to the United Nations.