Refworld Case Law Collection Survey
Amnesty International Report 2015/16 - Puerto Rico
| Publisher | Amnesty International |
| Publication Date | 24 February 2016 |
| Cite as | Amnesty International, Amnesty International Report 2015/16 - Puerto Rico, 24 February 2016, available at: http://www.refworld.org/docid/56d05b20e.html [accessed 13 January 2017] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Commonwealth of Puerto Rico
Head of state: Barack Obama
Head of government: Alejandro García Padilla
The right of same-sex couples to marry legally was recognized. However, lesbian, gay, bisexual, transgender and intersex (LGBTI) people continued to face discrimination. The 2013 reform of the police had limited impact and incidents of excessive use of force by law enforcement officials continued.
BACKGROUND
In May, the Governor submitted a draft law to Congress to create the office of human rights Ombudsman and unify several functions currently carried out by different authorities.
The government proposed austerity measures in September, raising concerns about their potentially negative impact on the most marginalized and disadvantaged groups and on labour rights.
RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE
Transgender people continued to face difficulties in accessing gender reassignment treatment because of a lack of adequate protocols and legal gender recognition, and health insurance providers' refusal to cover treatment costs. Although in August the Governor issued instructions allowing for gender to be changed on driving licences, there were no provisions for changing gender in other identity documents.
In June, the Governor issued instructions to comply within 15 days with the landmark US federal Supreme Court's decision affirming the right of same-sex couples to marry legally.
In July, the Secretary of the Family issued a directive instructing officials to ensure equal treatment for LGBTI couples wishing to adopt a child and to use the "best interest of the child" as the only criterion in deciding on adoptions. In December, a court authorized the first adoption of a child by a same-sex couple.
POLICE AND SECURITY FORCES
Puerto Rican human rights organizations continued to report incidents of excessive use of force, discrimination by the police towards Afro-descendants and Dominican communities and a failure to investigate reports of gender-based violence. In its June periodic report, the technical advisor monitoring the implementation of police reforms reported allegations of human rights violations by the police in the context of counter-narcotic operations.
Reforms of the Puerto Rico Police Force, agreed between the government of Puerto Rico and the US Department of Justice in 2013, had limited impact. They focused primarily on acquiring new equipment and amending internal policies and regulations. Civil society organizations provided comments and suggestions to the policy reviews, including on the use of force and the investigation of domestic violence, but it was unclear to what extent their comments were taken into account.
A bill submitted to the Senate by the Puerto Rican branch of the American Civil Liberties Union proposing the creation of an independent board to oversee the work of the police was rejected in May on the grounds that police oversight was already carried out by the Federal Department of Justice.
