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1 [Name] [Firm] [Address] [Phone Number] [Fax Number] United States Department of Justice Executive Office for Immigration Revie [NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF HIV-POSITIVE INDIVIDUALS IN MEXICO TAB SUMMARY GOVERNMENTAL SOURCES 1. Research Directorate, Immigration and Refugee Board of Canada, Situation of sexual minorities in Mérida and Monterrey, including legislation, treatment by authorities and society; state protection and support services available (Aug. 18, 2019), available at https://irb-cisr.gc.ca/en/country- information/rir/Pages/index.aspx?doc=457877&pls=1. • “The report states that some employers ask job candidates questions about sexual orientation, pregnancy, and HIV status (Mexico and Fundación Arcoiris Nov. 2018, 33).” (p. 7) • “Sources report that in February 2019, the federal government announced it would no longer fund civil society organizations for activities such as outreach and HIV testing (Letra S 27 Feb. 2019; Reuters 17 Apr. 2019).” (p. 9) 2. Bureau of Democracy, Human Rights and Labor, U. S. Dep’t of State, Mexico Country Reports on Human Rights Practices— 2018 (Mar. 13, 2019), available at https://www.state.gov/wp-content/uploads/2019/03/MEXICO-2018.pdf. 1 TAB SUMMARY • “There were reports that public health doctors occasionally discouraged women from giving birth to HIV-infected babies.” (p. 25) 3. Bureau of Democracy, Human Rights and Labor, U. S. Dep’t of State, Mexico Country Reports on Human Rights Practices— 2017 (Apr. 20, 2018), available at https://www.state.gov/wp-content/uploads/2019/01/Mexico.pdf. • “… forced, coerced, and involuntary sterilizations were reported, targeting mothers with HIV.” (p. 27) INTER-GOVERNMENTAL SOURCES 4. Organization of American States et al., Human Rights of Women Living with HIV in the Americas (2015), available at https://www.oas.org/en/CIM/docs/VIH-DD.HH- Final-EN.pdf. • “Other sources have documented the discrimination in health services against women living with HIV. The Estudio técnico-jurídico de las violaciones a los derechos reproductivos de mujeres con VIH en cuatro países de Mesoamérica [Technical-legal study of violations of the reproductive rights of women with HIV in four countries of Mesoamerica] found that 41% of the women interviewed in Mexico…reported having noted a discriminatory attitude on the part of the healthcare staff. The following situations illustrate these attitudes: the staff are reproachful or “rub in” the fact that the women have the disease; the women are blamed for getting pregnant or for transmitting the virus vertically before they even knew they had it; their identity is tied up with the disease (i.e. being “AIDS”); and they are fired without justification, among others.” (p. 29) • “Likewise, the interviewees reported that they are sometimes refused medical/surgical procedures (e.g., they were not given gynecological check-ups; a spine surgery was not performed; staff did not want to attend a delivery). They further reported other practices through which medical personnel exclude women because of their HIV status, such as forcing them to be seen last or speaking to them from the office door. The most extreme expression of discrimination is the involuntary sterilization of women living with HIV, which was reported in the four countries studied.” (p. 30) • “Among the individuals interviewed in stigma and discrimination studies in seven Latin American countries, the percentage of women who reported having felt coerced by a health professional on some occasion to undergo sterilization was 26.1% in Colombia, 50% in Mexico, 20.6% in Guatemala, 14.4% in El Salvador, 11.1% in Ecuador, and 19.8% in the Dominican Republic.” (p. 41) NON-GOVERNMENTAL SOURCES 5. Cogent Psychology, “Improving health and coping of gay men who live with HIV: A case study of the ‘Healthy Relationships’ program in Mexico” (Oct. 9, 2017), available at https://www.cogentoa.com/article/10.1080/23311908.2017.1387952.pdf. • “[I]n their daily lives, HIV patients are still victims of stigma and discrimination and still encounter vestiges of inequality. This might force them to either conceal their diagnoses 2 TAB SUMMARY to avoid being discredited in public (Goffman, 1970) or, through revelation of their HIV status, become victims of discriminatory practices in the home, workplace, or community.” (p. 2) • “Social problems that have been observed in the case of HIV-infected gay men in Mexico are—among others—: the absence of social support networks, lack of access to the country’s social security system (which offers low-cost health care), scarce opportunities for employment and higher education, and limited access to information, to mention just a few (Flores-Palacios & De Alba, 2006; Flores-Palacios & Leyva-Flores, 2003).” (p. 3) • “Moreover, the lack of sex education and open discussion about HIV can inhibit the personalization of risk by promoting the idea that HIV can only be contracted by “others” who belong to socially marginalized groups.” (p. 3) • “In the particular case of Mexico’s sociocultural milieu (similar representations have been described in other countries; see: Herek & Glunt, 1988), it appears that a widely shared public opinion relates this illness to death, generates fears of contagion, and links it to moral deviations (Flores-Palacios & De Alba, 2006; Flores-Palacios & Leyva- Flores, 2003).” (p. 2) • “Together with the multiplicity of elements involved in constructing the normative male body and its projection in the social space (Prieur, 2008), homophobia emerges as a imposed burden on the moral status of people with HIV, who are forced to live amidst discrimination and rejection at home, at school, at work, and in the community at large, while their illness runs its course (Castro et al., 1998).” (p. 2) • “Other investigations (e.g., Herek & Glunt, 1988; Yi, Sandfort, & Shidlo, 2010) have demonstrated the (double) stigmatization and discrimination that HIV patients encounter. These authors have moreover described the effects that this can have: internalized homophobia (negative attitudes toward one’s own homosexuality and a negative self- image as a gay man) and disengagement coping strategies that orients patients away from their problem (their HIV status).” (p. 2) 6. Austrian Centre for Country of Origin & Asylum Research and Documentation, Austrian Red Cross, Mexico Sexual Orientation and Gender Identity (SOGI), COI Compilation (May 31, 2017), available at http://www.refworld.org/pdfid/5937f12d4.pdf. • “[I]n March 2014, police officers in Chihuahua, Mexico arrested five transgender women for not carrying a health card, even though this is not a crime. […] The police then illegally forced the women to take HIV tests.” (p. 21) • “Increased visibility has actually increased public misperceptions and false stereotypes about the gay and transgender communities. This has produced fears about these communities, such as that being gay or transgender is ‘contagious’ or that all transgender individuals are HIV positive.” (p. 34) 7. Transgender Law Center and Cornell University Law School LGBT Clinic, Report on Human Rights Conditions of Transgender Women in Mexico (May 2016), 3 TAB SUMMARY available at https://transgenderlawcenter.org/wp- content/uploads/2016/05/CountryConditionsReport-FINAL.pdf. • “A national survey found that 59% of Mexicans believe that HIV/AIDS is caused by homosexuality. These misconceptions and stigma exist even among medical providers. In fact, most hospitals view homosexuality as a risk factor for HIV and often discriminate against those who do seek treatment.” (p. 24) 8. Amnesty International, The State as a Catalyst for Violence Against Women: Violence Against Women and Torture or other Ill-treatment in the Context of Sexual and Reproductive Health in Latin America and the Caribbean (March 2016), available at http://www.refworld.org/docid/56de959b4.html. • “And it is the story of Michelle in Mexico whose abusive treatment in the health facility, was largely the result of the stigma experienced by women living with HIV.” (p. 43) • “The Rapporteur on torture recognizes that the task of ending torture and ill-treatment in health-care settings faces unique obstacles due, among other things, to the perception that the authorities can defend certain health-care practices on grounds of administrative efficiency or medical opinion or to modify behaviour.” (p. 43) • “When she was four months pregnant, the hospital informed her that she was HIV- positive. From that moment on and even after the birth of her child, she was subjected to various forms of ill-treatment by health-care providers in the State of Veracruz.” (p. 29) • “On 27 September 2014, Michelle arrived at the General Hospital in labour, but the surgeon on duty did not want to carry out a caesarean section. She had to wait several hours for a doctor to arrive who was willing to carry out the procedure on women with HIV.” (p. 29) • “While she was in the General Hospital, she was subjected to discriminatory treatment and verbal abuse; a large sign was placed above her bed giving her name, age, date of admission and the letters HIV. Likewise, health workers repeatedly ignored her requests for help for basic things, like going to the toilet.” (p. 29) • “Michelle suffered a hemorrhage and health personnel responded by thrusting a piece of cloth at her and telling her to clean up her own blood, shouting that she had to do it because hospital staff didn’t want to be infected. Michelle also remembers that she was the only one who was given her food on disposable plates and then only after all the other women in the ward had eaten.” (p. 29) 9. Pines, Goodman-Meza, Pitpitan et al., HIV testing among men who have sex with men in Tijuana, Mexico: a cross-sectional study, in BMJ Open (Jan. 15, 2016), available at https://bmjopen.bmj.com/content/bmjopen/6/2/e010388.full.pdf.
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