Rompe Armarios: NON DISCRIMINATION REPORT LGTB. 2013

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 LGBT-phobia 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.

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: é
Decrease: ê
Stable è
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% ê
B) Assault and discrimination in the public
administration sector (healthcare, education,
domestic sector...). 94 25% é
C) Assault and discrimination at work. 66 17% è
D) Discrimination on social networks 36 9% é
E) Discrimination at home 20 5% ¬
F) Other assault and discrimination 10 3% é
TOTAL 384 100

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.
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.

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.

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.
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.
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.

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.

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.

REMARKS AND RECCOMENDATIONS FROM THE O.C.H.
ÜNeed 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.

ÜThe 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.

ÜProtection of all fundamental human rights, particularly those relating to privacy and dignity.

ÜEfficient measures to address groups or people who promote homophobia.

ÜImplementation of mechanisms which facilitate the possibility to report cases of LGBT-phobic assaults.

ÜNeed 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.

ÜIt 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.

ÜHIV 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.

ÜIt 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.

ÜProvide all the means needed to avoid threats to dignity of those who serve a sentence in Catalan prisons.

ÜNeed 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.

ÜRight 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, where gay activists have been violently oppressed.