public bathrooms in Mexico have to include people trans as a measure against discrimination.
discrimination and violence towards trans and non-binary people on the use of public bathrooms, Copred issued an advisory opinion that establishes legal criteria and an inclusion and security standard to guarantee its right to access free of discrimination in these spaces.
These criteria establish inclusion standards to promote “worldwide, inclusive and safe bathrooms” that respect gender identity and human rights.
Copred points out the need for inclusive public bathrooms for trans people in CDMX
El Cobred pointed out that in Mexico City trans and non-binary people face structural discriminationespecially with regard to use of public bathrooms.
In the face of violence against people with non-cisgender or heterosexual sexual orientations, identities and gender expressions despite the legal recognition of their rights in the legal instruments and regulatory framework of CDMX and the country, news criteria to promote public bathrooms for trans people.
Because of this very reason, he ruled that access to bathrooms must be guaranteed in accordance with the gender identity of each person and highlighted that denying this right constitutes a violation of Article 1 of the Political Constitution of the United Mexican States, which prohibits all forms of discrimination. .
Articles 4 and 11 of the Constitution of Mexico City are also affected, which pprotects the right of LGBTTTI people to equality and to live free of discrimination; to the Law to Prevent and Eliminate Discrimination of Mexico city (LPEDCM), “which considers any act of exclusion based on gender identity or expression to be discriminatory” and to International Conventions
“The recognition of the right to gender identity in legislation and jurisprudence, both national and international, implies that States must guarantee equal access to services and public spaces, such as bathrooms, according to the gender identity of trans people. …Access to bathrooms for trans and non-binary people must be in accordance with their gender identity,without restrictions based on prejudices or stereotypes.“Excluding or preventing the use of bathrooms in accordance with a person’s gender identity or expression is discriminatory and violates the right to equality and non-discrimination.”
Copred
Likewise, he recalled that it is illegal and discriminatory that employers, educators, public service providers, their employees or agents deny a person, or communicate their intention to deny himaccess to the services, advantages, facilities or privileges of a public service directly or indirectly ddue to their gender identity or expressiono.
thus, the Council issues the following recommendations:
- Access without discrimination: employers, educational institutions and owners of commercial establishments cannot prevent trans people from using bathrooms in accordance with their gender identity and must respect the standard of safe, universal and inclusive bathrooms.
- Training and anti-discrimination measures: Establishment owners must comply with the visible placement of the updated anti-discrimination plate (2023) and train their staff in discrimination prevention, including security services and subcontracted personnel.
- Complaints and attention: Security services are urged to report discriminatory practices ordered by establishments and suggest implementing internal reporting mechanisms for cases of discrimination by staff or third parties.
- Campaigns and inclusive design: Commercial establishments and public spaces must promote campaigns for safe bathrooms and move towards universal accessibility designs, with neutral or mixed bathrooms that eliminate gender control and consider specific needs such as changing tables, accessibility for people with disabilities and support for maternity/paternity.
- Legislative recommendations: To the Congress of Mexico City to modify the Commercial Establishments Law to include universal and inclusive bathrooms, avoiding “third bathrooms”, and also review Article 55 to guarantee discrimination-free services in public bathrooms.
- Regarding statistical data: We request the National Institute of Statistics and Geography to include discrimination in public bathrooms as part of the ENDISEG to design effective policies.
- Inclusion of all sectors: Recognize the importance of accessible and decent bathrooms for all people, including those with disabilities, mothers/fathers, and avoid discriminatory assignments based on class, gender or race.
Copred urges to review policies for access to public bathrooms; establishes standards for “Universal Bathrooms”
According to Copred, there is an “urgent need” to review and update the policies of access to public bathroomsas well as promoting awareness and training campaigns among staff in public and private establishments on the rights of women. trans and non-binary people.
Likewise,he highlighted that a safe,universal and inclusive bathroom “is one that promotes equality,respects gender diversity,and guarantees accessibility for all people.” without discrimination barriers and ensuring the dignity and privacy of users.
Thus, the Copred set a standard for “Universal, Inclusive and Safe Bathrooms”, which must meet the following requirements:
- they must be free from discrimination, intimidation or harassment, allowing people to use the bathroom according to their gender identity or expression without additional restrictions
- Bathrooms must be gender neutral, accessible to trans, non-binary and gender fluid people, with privacy guaranteed
- the design must allow adequate circulation, including toilet, changing and changing room areas accessible to people with reduced mobility and guaranteeing privacy.
- Design suitable for people with disabilities, including ramps, wide doors, grab bars and non-slip surfaces.
- Cabins with secure partitions, locks and space for personal belongings.
- There should be adequate lighting to reduce the risk of accidents and provide a sense of security.
- Bathrooms must be kept clean and in good condition to avoid unhealthy conditions that affect the dignity of users.
- They must be respectful of various cultural needs, with appropriate materials that promote a neutral and safe environment.
- Clear data on the appropriate use and training of staff in human rights and diversity.
- bathrooms should be free or low-cost, withaccessible resources such as toilet paper, soap, and hygienic containers for menstrual products.
How can local businesses and educational institutions ensure compliance with inclusive bathroom guidelines?
Time.news Interview: Inclusive Public Bathrooms in Mexico
Editor: Welcome to Time.news! Today, we have the pleasure of speaking with Dr. Sofia Morales, a leading expert on gender rights and public policy in Mexico. Dr.Morales,thank you for joining us!
Dr. Morales: Thank you for having me. I’m excited to discuss this vital topic!
Editor: Let’s dive right in. Recently, Copred issued new guidelines mandating that public bathrooms in Mexico City must accommodate trans people. Why is this necessary?
Dr. Morales: It’s crucial because trans and non-binary individuals often face systemic discrimination,especially when accessing public bathrooms. Despite existing legal protections, many still encounter hostility and violence. These new guidelines are a proactive measure to ensure that everyone can access bathrooms in accordance with their gender identity without fear of discrimination or violence.
Editor: It’s alarming that discrimination persists despite legal recognition of rights.Could you elaborate on how this impacts people in their daily lives?
Dr. Morales: Certainly. The inability to access safe and affirming public spaces like bathrooms not only creates physical discomfort but also contributes to the psychological distress experienced by trans and non-binary individuals. They often have to plan their outings around bathroom availability, wich can limit their freedom and participation in society.
Editor: The guidelines also mention that public spaces must promote “worldwide, inclusive and safe bathrooms.” What does this look like in practice?
Dr. Morales: Inclusive bathrooms are designed to respect and affirm individuals’ gender identities. This could include gender-neutral restrooms or facilities with explicit policies against discrimination. The aim is to create environments where everyone feels safe. Additionally, public messaging around acceptance plays a key role, fostering a culture of respect within communities.
Editor: That’s a great point. The Copred’s advisory also emphasizes training and anti-discrimination measures for staff in public facilities. How do you see this influencing behavior in public spaces?
Dr. Morales: Education is vital to changing mindsets and behaviors. Training staff to recognize and challenge their biases is essential. When employees are equipped with the right tools to promote inclusivity and address instances of discrimination, they can become active advocates in creating a safer habitat for everyone.
Editor: What recommendations has Copred outlined for businesses and educational institutions to ensure these standards are met?
Dr. Morales: They’re encouraging several measures, including:
- ensuring access without discrimination.
- Providing comprehensive training on non-discrimination.
- Establishing internal reporting mechanisms for discriminatory practices.
- Promoting campaigns for safe bathrooms.
- Advocating for legislation that continues to modify existing frameworks to improve access for all.
these steps are about creating accountability, enhancing awareness, and ultimately fostering a culture that values inclusion.
Editor: These recommendations really paint a broad and actionable picture. Concerns remain about enforcement—how can we ensure these guidelines translate into tangible change?
Dr. Morales: Enforcement will require collaboration between local governments, advocacy groups, and the community. It’s essential to establish clear policies and consequences for non-compliance. Additionally, continuous dialog with impacted communities can help refine approaches and make necessary adjustments to policies.
Editor: The need for a collaborative approach is clear. Lastly, how can citizens support and advocate for these changes?
Dr. Morales: Advocacy starts with awareness and education. Citizens can support local campaigns for inclusive designs in both public and private bathrooms, engage with community organizations fighting for LGBTQ+ rights, and ensure their voices are heard in public forums. Supporting local businesses that prioritize inclusivity also sends a strong message about community values.
Editor: Thank you, Dr. Morales, for your insights and expertise. it’s clear that the enactment of inclusive bathroom policies is a step toward a more equitable society.We hope to see great progress in this area!
Dr. Morales: thank you for discussing such an critically important issue. let’s continue the conversation and push for meaningful change together!
Editor: Absolutely! Thank you to our audience for joining us in this vital dialogue.