Expanding Equality with Human Rights Frameworks

By CD Eskilson Photos by Russell Cothren

In the past decade, countries in Latin America have gained international recognition for working to expand LGBTQ+ rights. From Mexico to Argentina, new laws have passed to constitutionally protect LGBTQ+ individuals from discrimination as well as codify same-sex marriage equality. However, obstacles remain in the countries working to advance this legislative progress. Non-discrimination laws require enforcement, and shifts in a country’s political or social climate create setbacks for already vulnerable communities.

Political science and international studies major Alex Alvarez was inspired to research these issues further through both her academic interest in peacebuilding and human rights, as well as her own lived experiences as a queer Latina.

“I have firsthand experience in the difficulties that come with existing at the intersection of these identities, and while I’ve been privileged enough to not have as many struggles, others cannot say the same,” she noted.

Alvarez’s honors thesis examines the lack of justice and human rights norms for LGBTQ+ communities in Latin America through a case study of El Salvador. While LGBTQ+ issues are viewed through the angle of political or cultural rights, she argues that these issues should be examined under a human rights lens. She believed this perspective offers possibilities to implement context-based solutions to peacebuilding.

“The human rights framework allows me to talk about how important it is that further research and possible solutions come from individuals impacted by these things,” Alvarez explained. “We need to see what it is that those communities really want and need, and then use the power of non-governmental organizations (NGOs) and other international bodies to put those things into place.”

Central to Alvarez’s research is peace studies, an emerging interdisciplinary field that examines how nations maintain peaceful, functioning societies as well as the causes of violent conflict. The discipline foregrounds the concept of positive peace, or a nation’s intent to proactively build and sustain peacebuilding institutions across all levels of society

“What can we do to prevent things like war, physical conflict, social violence?” Alvarez noted as guiding questions behind creating positive peace. Her research then applies this framework to the context of LGBTQ+ communities in El Salvador to consider what public policy measures, international agency measures and programs might actively curb the violence these groups face.

A Silas Hunt Scholar, Fellow with the Center for the Study of the Presidency and Congress as well as the Associated Student Government’s membership development coordinator, Alvarez is a demonstrated leader passionate about the role of policy work. Her interest in peace studies began after the concept emerged in a class with Jared M. Phillips, a teaching assistant professor in international & global studies and Alvarez’s thesis advisor. Her passion for the topic further developed through internships at NGOs including Generations for Peace and Search for Common Ground. Here, Alvarez was able to help publish a paper examining the work of LGBTQ+ peacebuilders, which furthered her passion for the relatively new field.

Alvarez’s thesis looked closely at the status of legal protections for LGBTQ+ people in El Salvador, as well as their enforcement. While anti-discrimination laws around hiring have been passed, she noted that they were not being fully enforced throughout the country. Recently, El Salvador’s Legislative Assembly also failed to meet a deadline set forth by the Supreme Court to create a legal gender recognition procedure to help prevent hiring discrimination against transgender people.

Alex spent time in D.C. as the Center for the Study of the Presidency and Congress fellow.

In addition, Alvarez examined the prevalence of physical violence by police forces in El Salvador against the LGBTQ+ community, particularly transgender people. She highlighted the importance of implementing institutional reform within the police and offering less aggressive training techniques. For Alvarez, the violence against this population raised broader concerns about civil rights in the country.

“It begs the question of whether this is the police acting on its own,” she wondered. “Is this a problem because of the larger administration? What does that say about political corruption and political stability?”

For Alvarez, her thesis ultimately suggests that there is a long way to go regarding protecting LGBTQ+ rights in countries like El Salvador. While acknowledging there is no one policy solution that would be effective across the various countries in Latin America, she emphasized the need for additional research. By engaging with local communities in Latin America, peace studies researchers and NGO workers can work toward crafting effective policy solutions. Also, Alvarez underscored the powerful visibility that research provides for these groups.

“It also suggests that LGBTQ+ people exist in these spaces still,” she said. “Not only do they exist in these spaces, but they’re still thriving in these spaces. They deserve to be seen and valued. There are multiple ways for individuals to thrive if protections are implemented correctly.”