Recognition of Refugee Status in Mexico: LGBTI persons and Discrimination in Guatemala

Abstract

This paper highlights the most relevant elements of the study and analysis of the decision carried out in the resolution of the Ninth Metropolitan Regional Chamber of the Federal Administrative Court of the United Mexican States, in which it recognizes the refugee status to an applicant of Guatemalan nationality who identifies as gay in a context of violence and discrimination based on sexual orientation and gender identity. In this case, the ninth regional chamber has developed a definition of refugee that includes a gender component in accordance with national (Mexico) and international norms on asylum, and has analyzed the facts and controversial acts in the case from a human rights perspective and on the basis of principles related to international law Refugees, highlighting Principles 18 and 23 of Yogyakarta.