João Paulo Cunha
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President: JOÃO PAULO CUNHA (PT-SP) First Vice-President: INOCENCIO OLIVEIRA (PFL-PE) Second Vice-President: LUIZ PIAUHYLINO (PTB-PE) First Secretary : GEDDEL VIEIRA LIMA (PMDB- BA) Second Secretary: SEVERINO CAVALCANTI (PP- PE) Third Secretary: NILTON CAPIXABA (PTB-RO) Fourth Secretary: CIRO NOGUEIRA (PP-PI) Secretary Deputies First Deputy: GONZAGA PATRIOTA (PSB-PE) Second Deputy: WILSON SANTOS (PSDB-MT) Third Deputy: CONFUCIO MOURA (PMDB-RO) Fourth Deputy: JOAO CALDAS (PL-AL) Director General: Sergio Sampaio Contreiras deAlmeida Secretary General: Mozart Vianna de Paiva HOUSE OF REPRESENTATIVES Mixed Parliamentary Front for Free Sexual Expression Brazil without Homophobia Program Program for Combating Violence and Discrimination against Gays, Lesbians, Transgenders and Bisexuals (GLTB) and the Promotion of Citizenship among Homosexuals 2nd edition Center for Documentation and Information Publication Coordination BRASILIA — 2004 HOUSE OF REPRESENTATIVES LEGISLATIVE SUPERVISION Director: Afrísio Vieira Lima Filho CENTER FOR DOCUMENTATION AND INFORMATION Director: Nelda Mendonfa Raulino PUBLICATION COORDINATION Director: Maria Clara Bicudo Cesar 1st edition: Ministry of Health / National Anti-Discrimination Council (CNCD - Conselho Nacional de Combate à Discriminação) 2004. House of Representatives Center for Documentation and Information (CEDI - Centro de Documentacao e Informação) Coordination of Publications (CODEP - Coordenação de Publicações) Anexo II, térreo Praça dos Três Poderes 70160-900 — Brasília (DF) Phone: (55-61) 216-5802; fax: (55-61) 216-5810 [email protected] TABLE OF CONTENTS Introduction Preface to the First Edition To Janaina Introduction Principles of the Brazil Without Homophobia Program Justification Program of Actions I - Building up the Homosexual Rights Promotion Policy II - Legislation and Justice III - International Cooperation IV - Right to Safety and Security: Combating Violence and Impunity IV - The Right to Education: promoting the values of respect for peace and non-discrimination based on sexual preferences VI - Right to Health Care: consolidating equal treatment and health care VII - Right to work: making an access policy and promoting non-discrimination based on sexual preference VIII - Right to Culture: constructing a policy underpinning the Culture of Peace and values promoting human diversity IX - Policy for Youth X - Policy for women XI - Policy against racism and homophobia Implementation of the Program Monitoring and Assessing Frequently Asked Questions Acknowledgments Glossary Introduction Article 5 of the Brazilian Constitution states that everyone is equal before the law with no distinctions of any type whatsoever. Citizenship and the dignity of human beings are among the foundations of our social organization. Moreover, one of the four objectives of the Brazilian Republic is “to foster the welfare of all, free of prejudice based on origin, race, gender, color, age and any other types of discrimination.” Brazil has sought to move ahead towards ensuring mechanisms that combat exclusion and discrimination. Combating racism and gender inequalities are already part of the nation’s agenda. Protecting human rights is a matter of concern for Brazil’s Legislatures, as well as the Federal, State and Municipal Executive branches. Despite this progress, and although the Gay Pride Parade in São Paulo is among the largest events of its kind in the world, Brazil has a high level of violence against homosexuals. Homophobia, mistrust and a lack of accurate information prevail over tolerance, respect and acceptance of diversity. Free choice of sexual preference and its expression are not yet fully guaranteed. Consequently, Brazil has built up a debt towards millions of its citizens whose rights are not yet fully guaranteed: a debt to Brazilian gays, lesbians, transvestites and transsexuals who are still unable to express their sexual preferences freely without being subject to prejudice. There are still no laws protecting them from discrimination or assuring them the possibility of establishing stable relationships protected by the law. Brazil’s National Congress has proven a decisive and decisory forum for reversing this situation, where several draft bills are under consideration, focused on the citizens’ rights of the gay, lesbian, transvestite and transsexual (GLTT) population of Brazil. Prompted by these needs and discussions, the Mixed Parliamentary Front for Free Sexual Expression (Frente Parlamentar Mixta pela Livre Expressão Sexual) was established in October 2003, in order to gather together all parliamentarians committed to ensuring the human rights of gays, lesbians, transvestites and transsexuals, while also combating all types of discrimination and prejudice, always reaffirming the lay and republican nature of the Brazilian State. The launch of the Brazil Without Homophobia Program clearly indicates that the Government headed by President Luiz Inácio Lula da Silva is also deeply involved in dealing with prejudice and achieving full citizenship with no exclusions of any kind whatsoever. The Mixed Parliamentary Front for Free Sexual Expression has been focusing its efforts on combating homophobia, while also drafting bills of interest to Brazil’s homosexual population, building up support for their approval. Recently, this Front achieved an important victory over homophobia, achieving the rejection of a draft bill that attempted to curtail homosexual rights through banning expressions of affection for this segment of the population. Mixed Parliamentary Front for Free Sexual Expression Preface to the First Edition The Program for Combating Violence and Discrimination against Gays, Lesbians, Transgenders and Bisexuals (GLTB) and the Promotion of Citizenship among Homosexuals, under the banner of Brazil Without Homophobia is a springboard for extending and strengthening the exercise of citizenship in Brazil. A real historical milestone in the struggle for the right to dignity and respect for differences, this reflects the consolidation of political, social and legal advances, accomplished with so much effort. By taking the initiative to draw up this Program, the Brazilian Government acknowledges the efforts of thousands of Brazilian men and women who have been battling since the 1980s to guarantee homosexual human rights. The Brazil Without Homophobia Program is based on highly successful connections between the Brazilian Government and organized civil society, which has been working intensively for some six months in order to achieve the results presented in this publication. I wish to offer our thanks for the dedication of all these militants and also to Janaina Dutra Sampaio, who left her testimony of courage and dignity during her time with the National Anti-Discrimination Council (CNCD - Conselho Nacional de Combate à Discriminação). One of the core purposes of this Program is education for changing the behavior of government administrators. We adopted a positive stance, firm and sincere, refusing to accept any discriminatory act, with our battle-cry being “No to Violence”. It is expected that this interministerial integration will prosper and forge ahead in partnership with the homosexual movement, leading to the implementation of new parameters that define government policies, encompassing millions of Brazilians in a broad-ranging and decent manner. The Government policies reflected in this Program will be successful because they reflect a consensus decision taken by all. However, the participation of each of us as citizens is vital for consolidating human rights as the proper heritage of everyone. Nilmário Miranda Special Secretary for Human Rights To Janaina The name on Janaina’s birth certificate is Jaime César Dutra Sampaio. Born in the Canindé district of Ceará State, he graduated as a lawyer, becoming known as Dr. Jaime. However, his transvestite preference was stronger than the conventions of society, and Jaime began to cross-dress, living as Janaina. This was the first and perhaps the only time in the entire history of Brazil that a transvestite was accepted as card-carrying member of the Brazilian Law Society (OAB - Ordem dos Advogados do Brasil). In 1989, she became a militant fighting for homosexuals human rights, as the Vice-President of the White Wing Resistance Group (GRAB - Grupo de Resistência Asa Branca), in Fortaleza. She established the Ceará Transvestites’ Association (ATRAC - Associação de Travestis do Ceará) and served as the Secretary for Human Rights (alternate) of the Brazilian Association of Gays, Lesbians, and Transgenders (ANTRA -Associação Brasileira de Gays, Lésbicas e Transgêneros); she also chaired the National Transgenders’ Association (ANTRA - Associação Nacional de Transgêneros), and held a seat on the National Anti-Discrimination Council (CNCD - Conselho Nacional de Combate à Discriminação). A leading figure in the “trans” movement, she always had a copy to hand of the municipal law passed by her hometown against homophobia. Having attended many congresses, round tables and seminars on human rights, AIDS and transvestism, she died of lung cancer on February 8, 2004 at the age of 43. Published in the Brazilian press, some of the opinions and statements of Janaina disclose the greatness of her character and the altruism of her life purposes. Teen transvestites “While still completing their basic education, at around thirteen or fourteen years old, young transvestites generally begin the hormonization processes, followed by silicone