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Lawyers, Legal Mobilisation and LGBTI Populations: Explorations in Chile

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Lawyers, Legal Mobilisation and LGBTI Populations: Explorations in Chile Lawyers, Legal Mobilisation and LGBTI Populations: Explorations in Chile Submitted by Penny Miles School of Social Sciences Cardiff University April 2011 UMI Number: U567011 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U567011 Published by ProQuest LLC 2013. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 Declaration This work has not been submitted in substance for any degree and is not concurrently submitted in candidature for any degree Signed .. ... (candidate) Date...... JhfcrO • I STATEMENT 1 This thesis is being submitted in partial fulfilment of the requirements for the degree of Signedr.rrTrTTj1^.P hD 7?rr7...... 7>... .(candidate) Date.. .*......??.».» STATEMENT 2 This thesis is the result of my own independent work/investigation, except where otherwise stated. Other sources are acknowledged by explicit references. A list of referencesis appended. „ Signed (candidate) Date..AtS....^^./...?^^ STATEMENT 3 I hereby give consent for this thesis, if accepted, to be available for photocopying and inter-library loan, and for the title and summary to be made available to outside organisations. Signed. .(candidate) Date.. 2 .Q II Abstract This thesis explores the role of human rights and reformist lawyers in incipient legal mobilisation strategies, as members of lesbian, gay, bisexual, transgender and intersex (LGBTI) communities seek to advance and/or uphold their rights through the Chilean judicial system. Given the inaccessibility of the legislative arena for securing legal change, legal mobilisation strategies are increasingly being deployed by civil society actors promoting rights pertaining to sexual diversity. Drawing on legal ethnographic research, I examine the difficulties for members of these populations in securing legal representation and articulating their voice. I examine how individuals overcome barriers, such as mitigating the ‘stigma contagion’, in a highly heteronormative socio-cultural and political context, and access the necessary legal resources to mount a legal challenge. Scholarship on stigma, deviancy and identity, and social justice serves as the point of departure for studying the interaction between lawyers and claimants. In Chile in the late 2000s, legal mobilisation is emerging and consolidating as a strategy to achieve social and legal change. I analyse the social processes occurring in tandem with aforementioned legal processes. I focus specifically on the role of activist lawyers in ‘brokering’ these cases and how, as a consequence, LGBTI identities are becoming more visible in multiple public domains. Acknowledgements My first thanks are extended to the ESRC and Cardiff School of Social Sciences for affording me the immense privilege o f being able to undertake a PhD. I especially thank Cardiff University’s School o f Social Sciences for deeming my work worthy of an ESRC studentship. It has provided an exceptional insight into methodological excellence and has exposed me to the sociological world outside o f Latin American Studies. My supervisors, Professor Debbie Epstein and Dr Matthew Williams, showed consistent faith in my ability, for which I am extremely grateful. They facilitated a highly relaxed and productive working environment for my independent approach to study. A massive thanks to my former lecturers at ILAS, Dr Rachel Sieder and Professor Maxine Molyneux, who continue to provide intellectual and personal support even when it is not in their remit. In Chile, the thanks are almost limitless. Domingo Lovera, Nicolas Espejo and Mauricio Tapia deserve a special mention for efficiently answering my random questions about legal professionals, plugging me into the legal academic and professional circuit, and providing me with a place to work. The Human Rights Centre at the Diego Portales University was extremely generous in facilitating information and knowledge. I particularly thank Mayra Feddersen, and all the students who gave their time and enthusiasm in helping me negotiate Chile’s court system, and Jorge Contesse for consolidating my links with the Centre. Over the course of the fieldwork, I was extremely privileged to meet so many courageous individuals who were willing to share their pain, their determination, their politics and their stories with me. Though this thesis is a long way away from addressing their concerns, it is dedicated to them in a most minimal gesture. For Juliana, Karen, Sandra, Cesar, Armando, Victor, Claudia, Karin, Kathy, Ale, Andres, Emmanuel, Lukas. This work must also recognise the tireless work of the activists whose energy and determination continues to challenge the status quo in Chile. And to Victor Hugo Robles, without whose assistance on ensuring comprehensive insights into the breadth and depth of the LGBTI communities back in 2004,1 would not have embarked on the PhD, and in respect and acknowledgement o f his tireless work and dedication, and fo r the later constant reminders o f my position as a researcher and his challenges on my need for reflexivity. Finally to Mati, for making me concentrate between 9 and 5, and for participating in the fieldwork experience when not given the choice, and most importantly for the eternal optimism and perspective she brings. To my amazing and wonderfully supportive parents for providing the very necessary support which made those extra hours of work possible. Without them, this work would be years in the making. Jose, Monica, Pablo and Nico all know how important they are. Thank you to J and my other proof readers and babysitters. Dedicada a mi familia en sus multiples manifestaciones: la biologica, la extendiday laposmoderna...saben quienes son Abbreviations1 AADGE - Agrupacion de apoyo a la disforia de genero (Gender Dysphoria Support Group) CAJ - Corporacion de Asistencia Judicial (Legal Aid Corporation) CLAM - Centro Latinoamericano en Sexualidad y Derechos Humanos (Latin American Sexuality and Human Rights Centre) CLS - Critical Legal Studies CEDAW - Convention on the Elimination of All Forms of Discrimination Against Women CODEPU - Corporacion de la Defensa y Promocion de los Derechos del Pueblo (Corporation for the Promotion and Defense of the People’s Rights) CONASIDA - Comision Nacional del SIDA (National AIDS Commission) DC - Democracia Cristiana (Christian Democratic Party) DOS - Division de Organizaciones Sociales (Social Organisations Division) FASIC - Fundacion de Ayuda Social de las Iglesias Cristianas (Social Aid Foundation of Christian Churches) 1 Where the abbreviations are taken from the Chilean context I use the abbreviations as they are used in the original Spanish, I provide both English and Spanish translations however. GAHT - Grupo de Apoyo a Hombres Trans (Trans Male Support Group) GRS - genital reassignment surgery IACHR - Inter-American Commission of Human Rights IACtHR - Inter-American Court of Human Rights IEJ - Instituto de Estudios Judiciales (Institute of Judicial Studies) IOL - Institute of Linguistics LGBTI - lesbian, gay, bisexual, transgender, intersex LOF - Las Otras Familias (The Other Families) MOVILH - Movimiento de Liberacion Homosexual (Homosexual Liberation Front) MUMS - Movimiento Unificado de Minorias Sexuales (Unified Movement for Sexual Minorities) NGO - Non-Governmental Organisation OAS - Organisation of American States OTD - Organization de Transsexuals por la Dignidad de la Diversidad (Transsexuals for the Dignity of Diversity) PIL - public interest litigation PPD - Partido por la Democracia (Democrat Party) RN - Renovation Nacional (National Renovation) - Servicio Medico Legal (Legal Medical Service) - Universidad de Buenos Aires (University of Buenos Aires) - Union Democratica Independiente (Independent Democratic Union) - Universidad Diego Portales (Diego Portales University) - United Nations Glossary acuerdo amistoso - amicable agreement. This term is used within the Inter- American system of Human Rights. Governments and injured parties are initially given the opportunity to resolve the alleged right abuse by reaching an agreement acceptable to both parties. Alianza por Chile - Alliance for Chile was the centre-right ruling coalition that has was in opposition between 2000 and 2009. It has since changed to Coalicion por el Cambio (Coalition for Change). audiencia - personal visit or meeting with judge in their chambers or office. Concertacion - the centre-left ruling coalition that has was in government between 1990 and 2010. certificado de idoneidad - eligibility certificate. It is a document that is granted by the relevant dioceses to religious education teachers that impart classes on the Catholic religion. de parte de quien - literally ‘on behalf of whom’. It is used when communicating by phone as a means of indicating on whose say so you are phoning. Alternatively, who’s speaking? Who shall I say is calling? loca - Its literal translation is mad or crazy girl. In this context, it refers to gay men who have more outwardly feminine gestures or mannerisms. machismo - cultural system of male dominance in social relations
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