miércoles, 16 de abril de 2014
ANTI HOMOPHOBIA REPORT 2013 -CATALONIA-
OCH-OBSERVATORI CONTRA L'HOMOFÒBIA. C/Verdi 88. local.FAGC. Barcelona 08012.
Contact. tlf. 932172669.
Email. eugenirodriguez@hotmail.com
INTRODUCTION:
This document is the 17th Non-Discrimination Report produced by the
Observatori Contra l’Homofòbia (‘Anti-Homophobia Watch’).
Every year, the O.C.H. elaborates an annual study on homophobia and LGBTphobia
in Catalonia. This report keeps record of all claims reported to the
O.C.H. . Claims issued from LGBT members through O.C.H.’s online reporting
tool, other homophobic actions identified by O.C.H., as well as third parties who
inform about actions and behaviours which discriminate LGBT individuals. After
research by the O.C.H. team and the legal bureau, all these claims proved to be
homophobic and transphobic.
Also this year, we aim to study those claims relating to the infringement of
LGBT people's fundamental rights. This Report, thus, reflects and examines
assault and discrimination towards transsexuals, lesbians, gays and bisexuals
occurred in 2013. It is also an indicator on the situation of LGBT rights and
freedom and how transphobic and homophobic violence appears in Catalonia.
We therefore accentuate those cases that are most important to us - due to its
relevance or impact, or any related finding that might be particularly worth
pointing out. In addition, assessment compared to previous year and general
recommendations are included at the end of the present Report.
The facts reported to the O.C.H. span all circumstances surrounding the life of
LGBT people, who are subjected to discrimination, contempt, assault and/or
rights infringement.
Anti-Homophobia Report 2013 | http://www.observatoricontralhomofobia.org
3
In this Report we have changed the types of assault, adapting them according
to the current situation, grouping up similar ideas and adding in new ones.
Variations compared to previous year are therefore approximate figures, where
indicators shall be expressed by the following symbols:
Increase:
Decrease:
Stable
New:
TECHNICAL DATASHEET:
Total of claims reported: 384
Time period: Year 2013
Region: Catalonia
Variation compared to previous year + 2%
Graph based on type of assault/discrimination.
TYPE Cases /% /Variation
A) Homophobic assault and discrimination in the
street and public spaces.
158 /41%
B) Assault and discrimination in the public
administration sector (healthcare, education,
domestic sector...).
94/ 25%
C) Assault and discrimination at work.
66/ 17%
D) Discrimination on social networks
36 /9%
E) Discrimination at home
20 /5%
F) Other assault and discrimination
10 /3%
TOTAL
384 /100%
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
5
ANALYSIS
Homophobic assault and discrimination in Catalonia have increased by 2%
compared to last year.
Promotion of
homophobic acts features under the section on assault and
discrimination in the street and public spaces
of this Report.
Once more,
assaults in the street and other public spaces have experienced
a slight drop over all claims reported overall. This trend had been already
pointed out in last year's
Non-Discrimination Report and might explain the
privatization of public spaces, leading to a decrease of sexual action in cruising
zones - which are undoubtedly the place most exposed to risk of assault.
Despite a decrease in the number of cases reported, cruising spots constitute
the most threatened areas for gay men, as they may be subject to physical
assault, extortion, thieving while involved in cruising activity in numerous places
of Catalonia.
In 2013, the O.C.H. worked closely with the mayors from the Maresme and
Garraf areas in order to implement measures which promote safety among
those who engage in cruising activities. Several claims from gay men who had
been involved in incidents with the Guardia Urbana (municipal police) were
reported in Barcelona. Apparently, those claims were addressed once they
were reported to the Sants-Montjuic district administration.
In addition, we have also received claims from transsexual women who suffered
from assault and hazing in the Camp Nou area, where they work as prostitutes.
Often, non-protection of female sex workers originates from the criminalization
encouraged by municipal bylaws.
One of the most alarming case of homophobic hate and discrimination is the
emergence of the anti-gay occupy paedophilia
movement ‘Pilla-Pilla Project’.
Videos published on the Internet show how gay men the gang had previously
met online are being forcibly kept, bullied and harassed.
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
6
It is worth stressing that the assaulters posted videos on the Internet which
inappropriately linked homosexuality with paedophilia. The O.C.H. holds that a
happening as such is an assault against the human rights to privacy and dignity.
This is a clear example of fundamental human rights infringement that has to be
addressed urgently.
The fact that they acted with such impunity, always allied with Facebook and
Twitter, led us to become aware that they acted as part of an ultra-homophobic
gang only right after the O.C.H. and Plataforma LGTB.cat publicly condemned
these happenings.
The O.C.H. received a claim that a victim had brought before a court. This case
was reported to the Catalan Ministry of the Interior, LGTB department of
Catalan self-government the Generalitat, as well as to other parliamentary
groups which demanded an immediate reaction from the Catalan Minister of the
Interior. We also liaised with the public prosecutor's office for hate and
discrimination - which has coordinated and conducted the case until arrest and
has brought it before a court.
A kidnap threat published on the gang's Facebook page triggered all the alarms
due to the quantum leap that such homophobic act might entail.
Several members of this gang are now detained pending extradition, charged
with coercion, discrimination and hate crimes. They were not charged of
conspiracy. The dismantling of this group has to be linked to the criminal
responsibilities and shall provide aid to the victims. Any possible outbreak of
homophobia as such must be necessarily tackled.
Promotion of homophobia
The fact that in March 2014 the Minister of the Interior stated that adoption
among homosexual couples was against nature should be regarded as
promoted homophobia. The statement above was denounced by the LGBT
Municipal Council of Barcelona.
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
7
Cardinal Rouco Varela's statement against gay marriage was also denounced
before the Episcopal Conference.
These statements infringe Spain's current legislation and provoke great social
alarm not acceptable in a secular country.
One more case occurred last February, when we received a claim against a
book with clearly homophobic content being still sold in El Corte Inglés and
FNAC.
More precisely, the book in question was titled "
A Parent’s Guide to Preventing
Homosexuality
", written by Joseph Nicolosi. Published by Editorial Palabra,
2009.
The O.C.H. demanded that the book be immediately withdrawn from stores
FNAC and El Corte Inglés. FNAC stopped selling this book, unlike El Corte
Inglés, who, despite the written request and several protest actions, didn't.
El Corte Ingles was also under the spotlight when in May 2013 a lesbian couple
was insulted by a customer who was queuing nearby.
Having informed security staff members, el Corte Ingles refused to aid the
couple that had been verbally assaulted on the grounds of homophobia.
Such lack of assistance was also denounced at the Consumer's Advisory Board
of Catalonia.
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
8
Assault and discrimination in public and administration services
With regards to
assault and discrimination in public and administration
services
, we find that the disclosure of Juan Andrés Benitez's HIV status is an
alarming case. Juan Andrés Benitez, member of an LGBT association, died
after a police operation in October last year. There were 10 LGBT and Anti -HIV
associations that reported the case due to suspected disclosure of official
secrets and offense against right to privacy.
The claim brought before the public prosecutor
’s office has been filed. Despite
the existing files, the fact that Benitez's HIV status was disclosed during health
record custody procedures shall be thoroughly studied in the light of further
evidence.
The police raid at the LGBT venue La Bata de Boatinee is another case of
discrimination and assault from the public and administration services
that we want to bring up.
On June 28 early in the morning, which falls on the LGBT pride day, 30 police
officers (Mossos d'Esquadra) on bulletproof vests broke into the club by
knocking down the door and evacuating customers who were celebrating the
gay pride party. Police officers restricted access into the club, preventing people
from free movement.
This police operation was reported to the Sindic de Greuges of Barcelona for
being absolutely disproportionate and infringing the right of free movement of
persons.
The O.C.H. holds that it is criminalizing to carry out a police raid at an LGBT
club on the same day as the gay pride is being celebrated worldwide.
Parliamentary and municipal groups, PSC, ICV-EUIA and CUP, raised
parliamentary queries to the Advisor of the Interior and the Mayor of Barcelona
with concerns to such police operation.
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
9
In July 2013 all the alarms were triggered once more when the Spanish and
Catalan governments denied single, and lesbian women the right to undergo
assisted reproductive treatment via public healthcare.
Following the protests, the Parliament of Catalonia approved a resolution which
guarantees the right to assisted reproductive treatment among these women
group.
In March 2013, a gay couple contacted us to report that the department for
social welfare and family refused to allow them to adopt a child despite
favourable sentences from the Provincial Courts of Barcelona.
In this case, the Generalitat denied the couple the right to adopt not because
they were an homosexual male couple but due to possible discrimination with
regards to health-related circumstances of the candidates. However, the O.C.H.
holds that these circumstances should not hinder the access to such right for
the couple.
Assault and discrimination on social networks
With the advent of new technologies, Internet has become a space where
homophobic and transphobic acts can occur and there are no mechanisms to
prevent them. There is an increasing number of websites that justify
homophobia.
Special attention should be drawn to the website '
Soy Homofóbico' (‘I am
homophobic
’)
which received numerous claims due to its clearly discriminatory
and hateful content.
Given such homophobic act, the Facebook page concerned was reported and
finally deleted. In spite of this, the owners of these websites have created new
groups as Facebook does not take any action. We think it's absolutely
paramount to set up a protocol which stops the creation of pages and profiles
with homophobic content on social networks.
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
10
Assault and discrimination at work
Regarding homophobia at work, it's necessary to bring up the case involving
employee A. T., who was allegedly exposed to homophobic treatment while
working for Zurich Assegurances.
The employee reported a series of moving, discrimination incidents he suffered
once his employers find out his sexual orientation.
A.T. had proved to always be an efficient employee until he was dismissed right
by the time the company became aware of his sexual orientation as gay. Zurich
Assegurances dismissed A. T. in May 2013.
The O.C.H. alongside CCOO has publicly denounced such an alarming incident
and therefore reported to the courts in charge of social affairs. The trial is to be
held on May 20, 2014.
This is one of many cases of employees being subject to uncover dismissals
once their employers find out their sexual orientation or gender identity.
Assault and discrimination at schools
Several studies were published in 2013 which confirm serious conditions LGTB
teens are exposed to at school.
According to the referred studies, the 33% of LGBT students have - at some
point - experienced a homophobic assault within the school premises.
Among all the claims brought, the O.C.H. puts special emphasis on that of an
adult citizen who explained how throughout his academic years he had
experienced discrimination and assaults in several schools in Esplugues del
Llobregat and Barcelona.
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
11
The claim filed in connection with the case involving A. L. specially highlights
the need for a right to repair damages in order to face the numerous cases of
assault suffered by LGBT people in their school years.
Assault and discrimination at home
This is the first time that we refer to those claims filed by LGBT individuals who
suffer from discrimination in their homes.
More precisely, we would like to point out the case of M.R.G., who reported to
the O.C.H. in November 2013 that her landlady had coaxed her flatmates to
throw her out of the flat because of her sexual orientation. These happenings
occurred in the Eixample district of Barcelona.
We hold that it is paramount that the Generalitat establish necessary
mechanisms which clearly forbid the denial to rent a home due to sexual
orientation-related reasons.
Other claims filed concern LGBT symbols suh as flags being hung outside of
properties which are regarded with disapproval among the neighbourhood.
Other type of ssault and discrimination
This section specially bears down on a claim we received in October 2013 from
a visitor at theme park Port Aventura. L.P.C. denounced that the show offered
at the theme park which carries the name
'Bang Bang Fort West’ denigrates
homosexuality as it ridicules a gay character in the performance.
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
12
We'd also like to draw attention to a men's underwear brand which launched a
commercial featuring Barça player Neymar where he runs away from a gay man
who looks at him, but in turn stays as a group of women smile at him.
We think it necessary that key players in the social sector take responsibility in
the face of actions that may generate homophobic violence.
Violation of fundamental human rights
This section aims to leave proof of a fact that triggered a huge social alarm
despite it was not supposedly intended to be an homophobic act.
This is the case of the death of our fellow Juan Andrés Benitez after a police
operation (Mossos d'Esquadra) carried out in October 2013.
Several fundamental human rights were infringed in connection with the death
of Juan Andrés. We especially refer to people's right to dignity.
The O.C.H. expresses his absolute commitment with regards to respecting and
protecting the fundamental rights of any person, particularly the LGBT
community. Public bodies should guarantee such protection among individuals.
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
13
REMARKS AND RECCOMENDATIONS FROM THE O.C.H.
Need to urge all parlamentary groups and the Catalan government to
accelerate
the approval of the law against homophobia. This law is in its final
stages and shall serve as a basic device in struggling against LGBT-phobia and
establishing an organic frame of rights.
The protection of official secrets, particularly with regards to someone's HIV
status, shall be guaranteed at all times. It is paramount to prevent actions and
behaviours which stigmatize and criminalize HIV+ individuals.
Protection of all fundamental human rights, particularly those relating to
privacy and dignity.
Efficient measures to address groups or people who promote homophobia.
Implementation of mechanisms which facilitate the possibility to report cases
of LGBT-phobic assaults.
Need to urge the public and legal authorities to effectively react in the face of
assaults originating on the Internet. It is essential that social networks such as
Twitter and Facebook rely on clear and effective mechanisms to close groups
and pages which violate fundamental human rights contained in the Universal
Declaration of Human Rights and other laws enforced in those countries where
right infringement happens.
It is necessary to regulate the interventions on behalf of the Catholic Church
in the public mass media, especially television. Homophobia cannot be
accepted on live broadcasting, even more without any type of ulterior corrective
measures nor assessment of damage caused.
HIV treatments should be universally available for everyone, regardless of
their nationality. Post-exposure prophylaxis should be followed in compliance
with all the recommendations jointly agreed by all key players in the struggle
against HIV.
It is absolutely necessary that public services and bodies be very careful
with
anyone who has been assaulted. Victims are often found in a state of
emotional crisis and that's why it is essential to provide them with all the human
resources and materials available.
Provide all the means needed to avoid threats to dignity of those who serve a
sentence in
Catalan prisons.
Need to denounce admission policies in public places where right to
admission has - illegally- been denied to costumers on the grounds of their
sexual orientation. In addition, it is very unfavourable that LGBT spaces also
constitute a setting for assault and discrimination towards its users on behalf of
operating security staff members.
Right to political asylum for all those LGBT individuals who are persecuted
punished and tortured in their homelands
on the grounds of their sexual
orientation
. A very clear example is the case of Uganda, Russia and Gambia,
Anti-Homophobia Report 2013 |
http://www.observatoricontralhomofobia.org
14
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