Tuesday, July 13, 2021
By Chris Hegwood, 2L at St. Louis University School of Law
The Inter-American Court of Human Rights set new protections for trans people throughout the Americas in its judgment in the case of Vicky Hernández et al. v. Honduras. In its ruling, the Inter-American Court of Human Rights found the State of Honduras to be responsible for the death of Vicky Hernández, a transgender sex worker woman and activist who was found murdered following her evasion of an attempted arrest by police patrol the night of June 28, 2009.
The Court found numerous indications of the State’s role in the violating Vicky Hernández’s right to life, personal integrity, and her right to gender identity. The Court found a lack of due diligence in the authority’s investigation into the murder, failure to consider the context of discriminatory practices and police violence against LGBTI persons and trans women sex workers. The Court also found that Vicky Hernández’s relatives right to a life free of violence was violated.
In response to these violations, the Court ordered eight reparations that included promoting and continuing Vicky Hernández’s murder investigation, performing a public act of recognition of international responsibility, establishing a scholarship in Vicky Hernández’s name for trans women, and several procedural undertakings which are enumerated in the Court’s press release.