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Addressing Transphobic Violence and Impunity in Latin America

Travesticide / transfemicide: Coordinates to think crimes against travestis and trans women in Argentina1 Blas Radi and Alejandra Sardá-Chandiramani (Observatorio de Género) Prevalence and recording The Trans Murder Monitoring (TMM) project has reported 2016 crimes against trans and non-binary gender people informed between January 1st, 2008 and December 31st, 2015 in 65 countries worldwide. 78% of these murders - 1573 of them - took place in countries of Central and South America, led by Brazil (802), Mexico (229), Colombia (105), Venezuela (98) and Honduras (79). These data collect news found on the internet and provided by organizations and trans activists around the world. For this reason, spokespersons for TMM note that the highest rates were found in countries "with strong trans movements and of civil society organizations which carry out some kind of professional monitoring". In countries where systematic registration has not been carried out, as is the case of Argentina, it is not possible to estimate the number of unreported crimes (Transgender Europe, 2016). Resolution 17/19 of the United Nations Human Rights Council (Resolution 17/19, 2011) instructed the United Nations High Commissioner for Human Rights (OHCHR) to conduct a study to document, among other things, acts of violence against individuals based on their sexual orientation and gender identity. This report uses the term "transphobic violence" and defines it as "a form of violence, driven by the desire to punish those who are considered to defy gender norms" (United Nations High Commissioner for Human Rights Report, 2011). In the report on Violence against Lesbian, Gay, Bisexual, Trans and Intersex in America (IACHR 2015), the Inter-American Commission on Human Rights stresses the importance of the State's obligation to "develop measures of data collection in order to study and assess the scope and trends of violence due to prejudice against LGBTI people" (IACHR, 2015: paragraph 18) and relates it directly to impunity: When States do not carry out thorough and impartial investigations into violence against LGBTI persons-as in the majority of cases-this leads to impunity for these crimes; this sends a strong message to society that violence is condoned and tolerated, which generates even more violence and leads victims to distrust the justice system. (IACHR, 2015: paragraph 22) Preliminary considerations From academia and activism, as well as in international and regional human rights systems, different strategies have been developed to address this phenomenon from the conceptual point of view. In the surveyed approaches we found four predominant perspectives. The LGBT perspective adopts the concepts of "homophobic crime" (Carrara and Vianna 2006) and "hate crime" (Amnesty 2001); the feminist approach coined the concept "transfeminicide" (Bento 2014), the travesti perspective has opted for the term "travesticide" (Berkins 2015) and a more transversal approach uses the concept of "violence based on prejudice" (IACHR, 2015). Although these concepts are not equivalent, sometimes they are taken as interchangeable expressions. Each responds to different approaches, interests and theoretical frameworks which, considered in the light of a monitoring project, anticipate significantly different figures and results in each case. First,