LGBTQ+ Rights in Brazil

Back of person in white shirt and hat holding rainbow pride flag in the air alongside a colorful designed scarf.
Figure 1: Source: Yahoo Images, Ye Aung Thu; Pride flag held aloft. Back of person in white shirt and hat holding rainbow pride flag in the air alongside a colorful designed scarf.

You look around at the passing people, from old women and working mothers to teachers and police, any of them could want you dead. This is the unfortunate reality facing many LGBTQ+ people in Brazil, the world’s most dangerous country for trans and Queer people. With a stark rise in conservatism driving discriminatory legislation and a president that has publicly vilified “gender ideology” and Queer persons, the rights of LGBTQ+ people are threatened by institutions and public support of hateful rhetoric and discriminatory laws. 

The political climate fostering LGBTQ+ hate

The current president of Brazil is Jair Bolsonaro, who began his term on January 1, 2019. Bolsonaro is seen as a polarizing figure both within Brazil and by the international community for his disparaging comments against women, people of color, and LGBTQ+ individuals. A far-right figure, Bolsonaro claimed in a 2011 interview with Play Boy that he would rather have a dead son than a gay one. 

Figure 2: Source: Yahoo Images; An image of President Jair Bolsonaro. Shoulder to head image of a white male wearing a black suit looking towards the top right corner.

After the election of Jair Bolsonaro, Brazil’s second openly gay congress member Jean Wyllys left their position and fled the country due to the increased level of violence against LGBTQ+ people and the number of death threats received. “It was not Bolsonaro’s election itself. It was the level of violence that has increased since he was elected,” Wyllys told local newspapers. Bolsonaro has been clear about how his convictions motivate his discriminatory rhetoric that disparages LGBTQ+ people, and his election and widespread public support have also translated to widespread violence. 

Bolsonaro represents a rise in conservatism further supported by a significant growth in Evangelism in Brazil over the last decade. Despite being the world’s largest Catholic country, Evangelical churches have been increasing, and now approximately one-third of Brazil’s population is EvangelicalJohn Otis, a reporter for the National Public Radio, found that “Evangelicals now make up 31% of Brazil’s population, according to the Datafolha polling firm. They’re still outnumbered by Catholics, who make up 51%. But evangelicals are growing at a much faster clip. They’re also more politically active than Catholics.” 

Evangelism is an umbrella term for Protestant denominations that emphasize the Bible as the ultimate source of morality and history and a desire to evangelize, or spread their faith. Evangelicals tend to be more conservative and opposed to more progressive values. The concern between the rise in evangelism and subsequent conservatism in Brazil is that these joint forces signal an erosion of secularism and democracy in Brazil.  

On his inauguration day, Bolsonaro said, “We will unite people, value the family, respect religions and our Judeo-Christian tradition, combat gender ideology and rescue our values.” On December 1, 2021, the Brazilian senate approved the appointment of Evangelical lawyer and pastor André Mendonça to a position on the Supreme Court. This is a signal of the key role evangelists play in the political climate of Brazil today with positions on the highest court in the nation and executive office. 

LGBTQ+ experiences 

Foremost, sexuality and gender identities are a focus of discriminatory laws and practices in a lot of states, but trans and Queer people are also the victims of torture, violence, and death.

The highest rates of transpeople and gender non-conforming people killed are concentrated in Central and South America. Most prominently, Brazil has the largest number of trans and Queer people killed in the world, and in 2021, Brazil maintained this position for the 13th consecutive year. 

The violence and deaths of LGBTQ+ individuals are in direct contradiction with the right to life and safety guaranteed to all people. Additionally, LGBTQ+ people face more barriers to healthcare access, and discrimination is conflated by additional minority identities such as being a person of color. Trans persons are particularly vulnerable to exposure to violence due to name and sex details in official documents. 

As a result of the violence, LGBTQ+ people have been responding by taking defense and martial arts classes. In large cities such as Sao Paulo, Porto Alegre, and Rio, defense courses are being offered to Queer people who increasingly doubt Brazil’s institutions will protect them. Carlos Renan dos Santos Evaldt, a banker and president of a gay sports club in Porto Alegre, was spurred to offer jujitsu classes not just to ensure personal safety, but “rights achieved through hard work and at the cost of many lives and years.”

Figure 3: Source: Yahoo Images; An image of people learning jujitsu. A group of four or five white men sitting on a blue mat being instructed by a black man in jujitsu.

Since 2014, there has been a growing passage of legislation, approximately 200 bills, at all levels targeting “indoctrination” and “gender ideology.” Bolsonaro’s Minister of Women, Family, and Human Rights, Damares Alves, an evangelical pastor said on her first day, “Girls will be princesses, and boys will be princes. There will be no more ideological indoctrination of children and teenagers in Brazil.” 

In 2011, the UN Human Rights Council passed a resolution affirming LGBTQ+ rights as human rights due to the discrimination and violence levied against this minority community. Alves’ promotion of anti-LGBTQ+ speech disparages the identities of all people, and moreover, signals a failure from the ministry with an objective in human rights to combat rhetoric against Queer persons. Brazil is a current member of the Human Rights Council and therefore has an obligation to promote human rights for all. 

Brazil requires comprehensive sexuality education (CSE); however, attempts to reduce or eliminate teaching about gender and sexual orientation represent a threat to the right to education, information, and health. These bills represent a process of silencing rather than honoring the diversity of individuals. 

Successes in face of growing anti-LGBTQ+ sentiments 

While there is still a long way to go in addressing the human rights violations trans and Queer people face in Brazil, there have been successes in the face of growing hate and violence. As previously mentioned, trans people face additional threats due to names and assigned sex at birth listed on official documents. In 2018, Brazil’s Supreme Court ruled that the government could no longer require individuals seeking a name or gender identifier change on official documents to undergo medical procedures or judicial review. Previously, transgender people had to undergo mandatory psychiatric evaluations, medical transitions, or obtain a judicial order. This represents a major step to ensuring the safety and validating the identity of all people. This is a confirmation of the right of a person to self-determination and a denial of any government to decide for a person who they are. 

In June 2019, the Supreme Court furthered its protection of LGBTQ+ people by criminalizing homophobia and transphobia. Under the law, homophobia and transphobia would be treated the same way as racism. In May 2020, the Supreme Court struck down a federal ban on blood donations from men who had sexual relations with men. 

Also, in 2020, the Supreme Court struck down a number of bills that aimed to censor “gender ideology” and sexuality in CSE programs. These cases established that municipalities could not override national education plans, and in these specific cases, changes represented a violation of the right to equality and education. And in April 2022, the Supreme Court affirmed that the “Maria da Penha” law against domestic violence applied to transgender women.

Figure 4: Source: Yahoo Images, Ben Tavener; Gay Pride parade in Sao Paolo, Brazil. A street filled with people to the end, a giant rainbow flag marches at the front of the group held over the heads of numerous participants.

In spite of political attempts to limit or deny the rights of LGBTQ+ people, there are institutions that still protect these human rights. As of this October, Brazil will hold its presidential election between incumbent Jair Bolsonaro and former president Luiz Inacio Lula da Silva, who is leading in the polls. As Brazilians celebrated Pride month this year with the first in-person parade in two years they did so under the slogan “vote with pride, for policies that represent us.”

The Human Rights Campaign has partnered with Instituto de Políticas Públicas LGBT and Instituto Mais Diversidade in order to promote and develop more inclusive LGBTQ+ employment practices in Brazil and Argentina. By creating more accepting workplaces for Queer people, more inclusion can be fostered across all aspects of life in Brazil. 

To get involved, you can support the Human Rights Campaign by donating so these programs can continue to combat discrimination against LGBTQ+ people. Also, by creating dialogues in your own workplaces on LGBTQ+ inclusion, human rights in corporations will continue to be a standard of practice ensuring equality and equity on all levels, local to international. 

The Refugee Education Crisis

Child writes in workbook at a desk.
Getting Syria’s children back to school in Lebanon. Source: Russell Watkins/Department for International Development, Creative Commons.

Now more than ever, people are fleeing their home countries because of war, persecution, or violence, hoping to find a better life in a different country. In fact, we haven’t seen a refugee crisis this large since World War II: there are 70.8 million refugees worldwide, and estimates show that around 37 thousand people are forcibly displaced every day. They risk their lives to escape a situation they feel they won’t survive, but when these refugees finally find a place they feel safer in, they face new challenges, including the education of their children.

Children, in every society and culture, are the future; they will grow up and have an impact on society. The significance of the impact and whether it’s positive or negative is greatly affected by the child’s education. If a child is refused an education, it will be hard for them to positively contribute to society. Additionally, a lack of education can prevent people from knowing their rights and being informed about their health.

For refugee children, education is even more important. In addition to the importance of education in general, education can give a child back their sense of identity and purpose after being stripped away from everything they know. Often, refugee children are taken to a country that is much different from their native country, especially with regards to culture and language. However, receiving an education can lessen the growing pains, especially if teachers are trained to help children from different cultures and speak different languages. Additionally, going to school can help children learn the intricacies of the new culture by being exposed to it for extended periods of time.

While it may seem obvious that education is important for every child, the education gap between refugee and nondisplaced children continues to grow. Worldwide, 91 percent of children attend primary school, but only 63 percent of refugee children attend primary school. While the number drops for secondary school across the board, the decline is much more dramatic for refugee children: only 24 percent of refugee children will attend secondary school. This is alarming because secondary school is typically the minimum level of education needed to attain a desirable job. The vast majority of these children, who are already put at a disadvantage, have even less of a chance of receiving the education they need.

Worldwide, there are many reasons refugee children are not receiving a quality education. First of all, the language in their new country may be different from any language they speak, which could cause them to fall behind in their studies. Second of all, there may be discrimination and bullying, which can make it much harder to focus on and excel at their studies. Additionally, in some areas, there may be limited spots in secondary schools for refugees, limiting the number of refugees that can receive an education. Finally, many refugees are denied the right to attend school, as many governments have policies in place that block their enrollment. These policies can include the requirement of residency documentation, which is nearly impossible to attain, essentially making their enrollment in school impossible.

In the US, there are two laws in place that are meant to protect children’s education: the Flores Settlement and Plyler v. Doe. The Flores Settlement outlines the regulations and restrictions regarding detaining minors, including refugees, at the border. It ensures proper treatment within detainment centers and includes a section specifically regarding education. Children are required to receive an individualized educational plan including basic education and lessons in English. However, in June, there were reports that the Trump administration decided to suspend many services in juvenile detainment camps, including education, because of a lack of resources. This act would’ve gone directly against the Flores Settlement.

Plyler v. Doe protects the rights of undocumented children to get a primary and secondary education, stating that they fall under the Equal Protection clause in the Fourteenth Amendment. Plyler v. Doe shows that in this country, every child has a right to an education. However, this right is not always granted. There are many schools that require birth certificates and ask about immigration statuses as a way to keep undocumented children out of school, even though it is illegal.

There are many benefits to the communities that accept refugees. Many of those against admitting refugees to Europe, the United States, or wherever they may live, cite the economic strain refugees put on the government as their reason for opposing the intake of refugees in their country. However, they are ignoring the fact that through taxes refugees generally boost the economy more than they strain it. This can only be improved by educating the children as well. The best way for someone to positively impact the economy is to be well educated; in a study done over 40 years comparing 50 countries’ economies and education levels, they found that the higher the average cognitive ability, the faster the gross domestic product (GDP) increased. If a country refuses to educate any of the children that live there—including refugees—it will not only negatively affect the children, but will also negatively affect the entire country. Additionally, schools that allow refugee children will have more diversity, which promotes higher levels of tolerance, not only among them, but also among parents and the community.

It is imperative for the development of the individual and the well-being of the host country that refugee children have the opportunity for an education. However, it is not enough to just give them access to an education. They must have the resources necessary for them to succeed, such as teachers that are willing to work with them through language barriers and accurate credit for courses taken in their native country, among others. They must be given the same opportunities that the other children in the country are given if they are to succeed and we are to close the gap in education between refugee and nondisplaced children. Many countries have already started making an effort to close the educational gap and take down barriers: Turkey has made significant efforts to prepare school-age refugee children for a transition to Turkish schools, and Ecuador has passed laws to give undocumented Venezuelan children easier access to school. There are many benefits to the education of refugee children and ignoring them will have grave consequences for refugees and the communities they are a part of.

It’s Not Just Irma and Harvey: Deadly Floods Affect Millions Around the World

map_of_southeast_asia. Source: ANHCANEM88, creative commons.

These past few weeks have been a very vulnerable time for our global community. Media has been predominately focusing on the countries and victims affected by Hurricane Harvey, Irma, and Jose, however nature’s violent outcry stormed communities all over the world- not just the hurricanes in the West. Powerful monsoons struck South Asia, affecting more than 41 million people throughout Bangladesh, Nepal, and India. In Karachi, Pakistan, devastating monsoon floods abruptly invaded communities preparing to celebrate an Islamic holiday, Eid al-Adha. Lastly, Typhoon Hato swept into the cities of Macau and Hong Kong, causing thousands of people to flee their homes.

After all of these natural disasters transpired, one concept became very clear: Mother Nature does not discriminate. Natural disasters affect the rich and poor, high income countries and low income countries, and people of all nationalities and ethnicities. Regions struck by these disasters are left with substantial amounts of infrastructural, property, and environmental damage. As a result, victims of these disaster experience traumatic consequences, such as internal displacement and food insecurity. Growing up, I believe I was too young and just overall uninformed to really comprehend what natural disasters entail, and why they are so devastating. However, now being an adult, it’s obvious to me that the reason why natural disasters are so devastating is because post-disaster damage completely compromise the dignity of human rights detailed in the Universal Declaration of Human Rights (UDHR).

Disasters interfere with a population’s economic, social, and cultural rights emphasized through 17, Article 22-27 of the UDHR. Articles 22-27 of the UDHR focus on establishing social security through people’s right to education, employment, adequate living conditions, cultural life, and leisure. Likewise, Article 17 of the UDHR establishes that “no one shall be arbitrarily deprived of his property.” Unfortunately, after a natural disaster, these rights are undeniably negatively affected.

Hurricane Katrina LA7. Source: News Muse, Creative Commons.

Right to Work

The right to work and employment is severely hindered after natural disasters due unimaginable infrastructural damage. In 2005, the US experienced public health tragedy when Hurricane Katrina devastated millions along the Gulf Coast of Mississippi and Louisiana. Two years after Hurricane Katrina, the Bureau of Labor Statistics released numerous reports on the effects of Hurricane Katrina on employment and unemployment. These statistics state: “approximately 38 percent of business establishments in Louisiana and Mississippi were within a 100-mile corridor of the path of Hurricane Katrina’s center.” From August 2005 until June 2006, Louisiana unemployment rates soared from 5.8% pre-hurricane to 12.1% post-Hurricane Katrina. In Mississippi, unemployment rates climbed from 6.8% in 2004 before the hurricane to 10.4% after Hurricane Katrina. Everyone has the right to work to “ensur[e] for himself and his family an existence worthy of human dignity”; this is ultimately difficult to achieve when opportunities for employment have literally been washed away. In the Caribbean regions, hit hardest by hurricane Irma, tourism one of the largest revenue-builders and an important source of income for many families. Specifically in Anguilla, a territory hit by Hurricane Irma, tourism contributed to 57% of the island’s GDP in 2016. Generally, travel and tourism alone contributed to about 15% of the Caribbean region’s total GDP. For the Caribbean victims of Irma, the disruption of the tourism industry is a disruption to a family’s livelihood. Natural disaster victims living in rural regions such as India, Nepal, and Bangladesh face continuous threat to work when their agriculture and crop land get destroyed and the becomes unprofitable.

Right to Adequate Living

The most noticeable human right that natural disasters discernibly jeopardize is the right to “a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services…” For many survivors after natural disasters, ‘adequate living’ is no longer a reality. What happens when a family’s home is demolished in the wake of disasters such as these? Tragically, millions of people become internally displaced within their countries. The United Nations reports that about 851,000 people are displaced in India, 352,738 Nepalese are displaced from their homes, and lastly 696,169 people have been displaced in Bangladesh since the monsoons. Food insecurity also becomes an urgent need to address throughout regions affected by these disasters. Within two days after the floods, Nepal Food Security Monitoring System (NEKSAP), issued a first assessment of the damage. Results exposed that 70% of flood-affected areas are moderately food insecure or worse. Of that 70%, 42% of those regions are highly and severely food insecure.

Right to Education

Natural disasters also impede on one’s right to an education due to the damage sustained by schools and educational infrastructure. Human loss to education systems, comprising the loss of school administration personal, teachers, and education policy makers, affects the institution’s ability to deliver a quality education. UN reports affirm that in Bangladesh, 2,292 primary and community schools suffered substantial water damage. In Nepal, 1,958 schools have been ruined, thereby impacting the education of 253,605 children. In India, nearly one million students’ education have been disrupted when floods damaged 15,455 schools. Damage to schools not only undercut education in the short term, but threaten long-term educational goals as well. USAID explains “the normal processes of educational planning break down during an emergency, weakening the overall system and creating future problems in the development of an inclusive educational system.”

“Famine”. Source: Jennifer Boyer, Creative Commons

What’s next?

These events have got a lot of people asking why these disasters even occurred in the first place. Well, science indicates that climate change has become a major catalyst to such drastic weather related disasters witnessed throughout the past couple of weeks. As NASA explains “changes in climate not only affect average temperatures, but also extreme temperatures, increasing the likelihood of weather-related natural disasters.” With rising temperatures and a predicted increase in weather-related disasters, maybe the United Nations and our government should start to consider changing the definition of an internally displaced person (IDP) or a refugee to include people fleeing from natural disasters. The UN definition of a refugee is a person who , “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country…” Just like people running away from armed conflict, victims of weather-related disasters are also trying to escape harsh realities, including inadequate living conditions, food insecurity, no economic opportunities, and violence. A modern day example of weather-related disasters is the famine spreading across Ethiopia, Somalia, and Kenya caused by intensified droughts.

“We have moved four times in the last four months. We were trying to follow the rain – moving according to where the rains were supposed to come. But they haven’t. If the rains don’t come, none of us will survive”

– Farhia Mohamad Geedi, Oxfam

Just like Farhia and her family, 10.7 million people across Somalia, Ethiopia and are facing sever hunger. If their governments are not able to provide them with a feasible and effective solution, they have no other choice but to leave, or die. With a predicted increase in weather-related disasters such as drought and floods, more people will be living in extremely life-threatening  environments that will force them to leave their home. The destruction of the consecutive water disaster have been very tragic, but there is hope for the future. Countries have begun to recognize that “their shared burden of climate-related disasters can only be lifted by universal action to address the causes of climate change.” 175 countries from all over the world have signed onto the Paris Agreement, which will focus on keeping a global temperature rise this century below 2 degrees Celsius. We as a global community have already made such positive impact by acknowledging we have a problem, now it’s time to hold ourselves accountable for progress.

 

Additional resource: This Changes Everything by Naomi Klein.