Muks: Cultural Identity | Ross Barrants Article

Ross Barrants – Constitutional Lawyer

In it Back TEUIANTEPEKThe Okhaka state region in Mexico, there is a unique cultural demonstration that challenges Binar concept of the genre: MultiThese people, appointed by men at birth, but who accept roles, clothes and behavior, traditionally associated with women, represent what is known as Zapotec in the culture. ”The third genre“. The existence of Muxes is a hereditary tradition that has been preserved for centuries. Muxes have been an integral part of the Zapotec society from time to -kolumbia. The word” muxe “comes from Spanish term “women“Adapted to the phonetics of Zapotec. Unlike other crops, where people who violate gender norms may face serious discrimination. Zapoteca community Muks traditionally enjoy Acceptance And I respectThe Muxe Identity field is not homogeneous; There is a diverse spectrum that includes those who are sometimes dressed with women’s clothing for those who forever accept female appearance and role. It is important to emphasize that being MUXE is not determined exclusively by sexual orientation, but in the fact that it represents a certain cultural and gender identity of the context of Zapotec.

Muks play Specific functions And appreciated As part of the Zapoteca community. Traditionally they were associated with transactions such as embroidery, Preparation of clothes, Organization of ceremonies And Attention to elderly peopleThese roles give them a field Social status And make a significant contribution to the local economy. Many muccas are recognized for their work as TeachersIN Craftsman And merchantsDespite the traditional recognition, the field is faced with various problems today. The influence of external meanings, especially origin west And religiousgave rise to tension in social perception, an increase violenceIN discrimination And prejudices pose a threat to cultural expression.

Besides, Muccas They experience Specific problems In areas such as access to medical services are adapted to their needs, educational and labor capabilities outside traditional roles and legal recognition of their identity. From a legal point of view, the situation of MUXES raises complex issues about the legal recognition of unequal gender identities in Mexico. The Mexican legal system has tested Significant evolution From the point of view of the rights of sexual and gender diversity, but important empty are preserved.

The political constitution of the United Mexican states in its Article 1, prohibits all discrimination Motivated by a floor or any other condition that threatens human dignity. This constitutional principle was backed up by the 2011 reform, which raised international human rights treaties in a constitutional rank. In 2019, Mexico experienced promote important With the approval of reforms to the Civil Code in several federal organizations that allow you to change gender identity in official documents through an administrative procedure, without the need for medical or psychological expert opinions. Nevertheless, this right was not equally implemented throughout the national territory. In condition OhakaWhere the MUXE community is mainly approved in the 2019 reforms, which allow you to legally recognize gender identity through a simple administrative procedure. This legislation is a significant progress for the legal recognition of Muxe people.

In addition, the Oaxaca constitution recognizes The right to self -determination belonging Indigenous peoplesWhat can be interpreted as the protection of traditional cultural expressions, including the existence of muccas as a cultural manifestation of Zapotec.

He Legal system The Mexican works mainly for The binary concept of the genreWhich prevents the legal recognition of Muxes as a specific category that goes beyond this dichotomy. Although there is legislation against discrimination, its effective application requires more reliable implementation mechanisms, especially in areas such as employment, education and medical services. There is an unresolved tension between the right to self -determination of the indigenous peoples and the use of national gender identity. In addition, linguistic, cultural and geographical barriers can limit effective access to justice for people who are faced with violations of their rights.

A significant contradiction is manifested in the field of the funeral, where Multi, despite the fact that they lived with socially recognized female identity, are often buried as men in accordance with Official documentsThe field shows the gap between social and legal recognition and raises questions about the rights of identity that surpass life.
The case of muks can be analyzed in the context of international standards for human rights with various gender identities. Principles YogyakartaAlthough they are not mandatory, they establish relevant guidelines on the application of international legislation on human rights in relation to Sexual orientation and gender identityThe field of the Mozhamerikan Court of Human Rights, in its advisory opinion OC-24/17 It is perceived independentlyThis opinion is the appropriate standard for assessing the adaptation of the Mexican legal framework. On the agenda in the field of sustainable development of 2030, it includes the obligation “not to leave anyone behind”, which implies the satisfaction of the needs of all groups in vulnerability, including sexual and gender diversity. While the Zapoteca community recognizes and confirms the maximum identity throughout life, the legal system imposes binary categorization in death that contradict this cultural reality.

There are two relevant problems that I would like to list:

1. Fasting Corps Violation of Rights to Identity: If it is believed that the right to identity is a fundamental right that remains even after death, this practice will be a violation of rights.
2. Influence on cultural funeral rituals: Zapotec’s funeral ceremonies contain differentiated elements in accordance with the floor, therefore, the burial of Muks as a person can be a crime for his own cultural traditions.
3. Effects in collective memory: official death and a report on burials determine how a person will be remembered according to the law, which can contribute to the historical invisibility of the Muks.

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From a legal point of view, this phenomenon shows the need to develop rules that fully recognize the identity of people not only during their lives, but also after their deathGuaranteeing continuity And I respect To its dignity and identity in all areas. To move to a more inclusive legal framework, which adequately recognizes the reality of the people of Muxe, you can consider the following proposals:

• Special legal recognition: the development of rules that clearly recognize the existence of immense gender identities, including a specific Muxe category as a protected cultural expression.
• Harmonization of regulation: to guarantee that the legislation at the federal, state and municipal level is consistent with the recognition of people’s rights with a variety of gender identities.
• The main state policy: the implementation of specific programs that meet the specific needs of Muxe people in areas such as healthcare, education and employment.
• Training and awareness: Preparations for state officials, especially in the justice system, on the cultural and historical reality of Muks to prevent institutional discrimination.
• Consultation and participation: guarantee of effective mechanisms for the participation of Muxe people in the development and implementation of state politicians who affect them.
• Protection of the post -corps of identity: to reform civil law and the rules of civil documents to guarantee that the death actions and funeral procedures respect the gender identity living by a person, regardless of historical official documents.

Muks are Cultural expression A unique one who challenges the predominant binary categories in modern legal systems. Its existence raises the problem of formulating a regulatory framework that recognizes and protects this cultural diversity, guaranteeing the full exercise of fundamental rights. The case of muccas illustrates the need to develop Legal approaches This surpasses simply formal equality to move to the effective recognition of human diversity in all its manifestations. The legal protection of muccas should not be limited to their formal recognition, but should lead to effective mechanisms that guarantee them dignityIN autonomy and a full part in society. Only in this way can the law fulfill its function as an instrument of social transformation in relation to more fair and inclusive societies. Thank you for reading me