From Victimization To Incarceration Transgender Women in Costa Rica

Women & Criminal Justice
ISSN: (Print) (Online) Journal homepage: https://www.tandfonline.com/loi/wwcj20
From Victimization to Incarceration: Transgender

Women in Costa Rica
Gloriana Rodriguez Alvarez & Alejandro Fernandez Muñoz
To cite this article: Gloriana Rodriguez Alvarez & Alejandro Fernandez Muñoz (2021): From
Victimization to Incarceration: Transgender Women in Costa Rica, Women & Criminal Justice, DOI:
10.1080/08974454.2021.1965066
To link to this article: https://doi.org/10.1080/08974454.2021.1965066
Published online: 20 Aug 2021.
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WOMEN & CRIMINAL JUSTICE
https://doi.org/10.1080/08974454.2021.1965066
From Victimization to Incarceration: Transgender Women in

Costa Rica
Gloriana Rodriguez Alvareza ~ozb
and Alejandro Fernandez Mun
a
King’s College London, London, United Kingdom of Great Britain and Northern Ireland; bUniversidad Estatal
a Distancia, San Jose, Costa Rica
ABSTRACT KEYWORDS
In spite of a democratic governance model, due to cis-heteronormativity, Cis heteronormativity;
the rights of incarcerated transgender women in Costa Rica are routinely incarcerated women; prison
undermined by pervasive direct, social and structural violence. In effect, reform; transgender
women; vulnerable groups
their incarceration is often preceded by victimization in the public and pri-
vate spheres. This paper will use in-depth interviews carried out with incar-
cerated transgender women to examine the social factors contributing to
their vulnerability and the State’s responsiveness to their needs. This will
be complemented by a socio-legal analysis of the current criminal justice
framework. Finally, will examine if there is compliance with international
human rights conventions
INTRODUCTION
“It is said that no one truly knows a nation until one has been inside its jails. A nation should not be
judged by how it treats its highest citizens, but its lowest ones” (Mandela, 1994, p. 23).
In spite of the advances made in LGBTQI rights worldwide, transgender individuals remain
among the most vulnerable groups in Central America. First, it should be noted that the term
transgender is “an umbrella term used to describe people with a wide range of gender identities
that are different from the sex assigned at birth” (Thomas et al., 2017). In general, transgender
women face high levels of violence and mass incarceration (Hereth et al., 2020). In addition, due
to pervasive transphobia, transgender individuals are subjected to multiple forms of violence
within their families and by the rest of society (Connell, 2021). Moreover, the lack of a trans-
inclusive perspective in Costa Rica implies that the State perpetuates their marginalization and
eventually criminalizes them.
This investigation will use a case study analysis based on interviews carried out in four differ-
ent prisons across Costa Rica with incarcerated transgender women. The objective is to examine
the social factors contributing to their vulnerability and the State’s responsiveness to their needs.
For this reason, the empirical research will be complemented by a socio-legal analysis of the cur-
rent criminal justice framework. Finally, it will examine if there is compliance with international
and regional human rights conventions during sentencing and the incarceration of trans-
gender women.
It will investigate the case of Costa Rica, which is Latin America’s oldest democracy, to illus-
trate how despite a democratic governance model, the persistence of transphobia continues to
undermine their human rights. Notwithstanding the commitment to international human rights
CONTACT Gloriana Rodriguez Alvarez dhumanoscr@gmail.com King’s College London, London, United Kingdom of
Great Britain and Northern Ireland
Color versions of one or more of the figures in the article can be found online at www.tandfonline.com/wwcj
ß 2021 Taylor & Francis Group, LLC
2 RODRIGUEZ ALVAREZ AND FERNANDEZ MUÑOZ
and democracy, Costa Rica remains a cis-heteronormative state. It refers to “a set of norms and
values that privilege the straight line between designated sex at birth and the corresponding gen-
der, gender roles, and gender presentation” (Rodgers et al., 2017). Applied to the State, it implies
that laws, institutions, and policies operate under the assumption that citizens are heterosexual
and cisgender. Far from being protected by a democratic State, their needs and vulnerabilities are
not taken into account. Within the larger social context, they are treated as threats to the public
order (Galindo et al., 2017). As a result, transgender women have had to carve out spaces of
resistance and survival.
CURRENT STUDY
Thus far, the situation of transgender women remains under-researched. Most of the research is
from the Global North. The result is that the “regimes of knowledge in Trans Politics” are domi-
nated by the experiences of transgender individuals in the United States and Europe (Nay, 2019).
Furthermore, the legal protections, political rights and medical and psychological regulations are
mainly based on those adopted by public and private institutions in the Global North. Even the
“reports and surveys” about transgender individuals are mainly from the Global North
(Nay, 2019).
Notwithstanding the gaps in knowledge, it should be noted that the transgender movement is
gaining ground in the Global North. For instance, in the United States, since the 1980s, the term
“transgender” has become an “informal umbrella term, and a ‘collective political identity” (Taylor
et al., 2018, p. 5). As a result of this political movement, there is growing awareness of trans-
gender identities. There have also been notable advances regarding legal protections and policies
(Taylor et al., 2018, p. 5). Likewise, in the European Union, LGBT rights have become an indica-
tor by which “Europeanness” can be assessed. Given that the European Union is a supranational
project, LGBT legislation and LGBT friendliness have become a means for creating a more
regional identity (Slootmaeckers, 2020). To this end, the European Court of Human Rights and
the Court of Justice of the European Union have established frameworks for transgender protec-
tion (Dunne, 2020).
In contrast, the research regarding the situation of transgender women in the Global South is
limited. Gender is a social construct, which is often the result of specific social and political
dynamics rather than biological truths (Freud, 1994). Hence, all the more reason to examine what
this construct means in a specific social and cultural context. Transgender identities will be
shaped by the social significance attached to gender. Because social context defines gender, this,
in turn, affects how transgender women define themselves. In this regard, it is essential to
“deconstruct the familiar perspective of gender as explained in binary opposition of Western
understanding” (Ismoyo, 2020).
For this reason, it is vital to acknowledge local identity processes which inform social identi-
ties, the local institutional context which frames the pursuit of transgender rights, and the local
socio-cultural context, which can either accept or reject a particular minority.
To begin with, the local identity processes in Costa Rica merit further research. It should be
noted that regarding gender diversity, several terms refer to a person’s identity, such as trans-
gender, third gender, polygender, pangender, and gender-fluid (Beek et al., 2016, p. 2). Given that
social identities vary depending on the temporal and spatial context, the terms employed to refer
to gender-diverse individuals reflect the local identity processes. For example, in this paper, the
term ‘transgender’ will be used since it is the most frequently used by members of the commu-
nity. In the Costa Rican context, some individuals identify using the term ‘trasvesti’. Even though
this term is considered offensive in some cultural contexts (Nissim, 2018; see also, BBC, 2015), in
Central America, it is sometimes “claimed by people assigned male at birth, who transit towards
WOMEN & CRIMINAL JUSTICE 3
the female gender” (Human Rights Watch, 2020, p. 8). When used in this paper, it will appear
italicized to indicate the current term selected by some individuals in Costa Rica.
In addition to exploring local identity processes, it is vital to examine the institutional context
as well. The institutional context influences how transgender activism plays out. It will define the
strategies used by transgender activists, and it will determine the degree of state responsiveness
and State capacity when it comes to addressing those rights. For example, the rise in transgender
activism in the United States is the result of grassroots organizations and alliances with gay rights
groups, enabling the “incorporation into an existing social movement and its social movement
organizations.” (Taylor et al., 2018, p. 37). Additionally, laws and policies governing transgender
rights can vary depending on the State (Taylor et al., 2018, p. 253). For this reason, “the appellate
courts have played a role in how federal agencies have interpreted the definition of sex in statutes
and regulations” (Taylor et al., 2018, p. 235). Hence, it is a legal strategy based on the unique
legal federalism that defines the United States and which builds on previous social movements’
victories. However, since Costa Rica has a different legal structure and social dynamics, this strat-
egy is not applicable.
On a similar note, in Europe, the push for LGBT legislation reflects the supralegal structure
which underpins the European Union. (Slootmaeckers, 2020). It is a legal strategy that relies on
both appeals to a collective European identity and the influence of the European Union. It should
be noted that Costa Rica is a member of the Organization of American States (OAS, 2021).
Within the Interamerican system, the Inter-American Court of Human Rights, and the Inter-
American Commission on Human Rights, are tasked with overseeing human rights. However,
“its weakness lies in its lack of authority to enforce its recommendations” (Organization of
American States, 2010). Subsequently, advancing human rights via regional integration is not as
effective in Latin American.
Overall, in Costa Rica, much like the rest of Central America, the institutional context perpet-
uates discrimination against transgender individuals. However, it should be noted, an increasing
number of countries have enacted laws recognizing transgender identities, such as Argentina,
Colombia, Bolivia, Ecuador, and Uruguay, which have enacted laws recognizing transgender iden-
tity (REDLACTRANS, 2020). In contrast, in Central America, the protection offered to trans-
gender rights is minimal (Campbell, 2019). To this end, Corrales (2020) analyzed LGBT
legislation from 1999 to 2016 in Latin America and the Caribbean. The study examined whether
each Latin-American country had legislation recognizing gender identity, same-sex marriage,
same-sex civil unions, and hate crimes. Given that Costa Rica does not recognize gender identity,
adoptions by LGBTQI individuals, or have anti-hate crime legislation, it is among the countries
with “modest improvements” (Corrales, 2020).
Then, in 2017, the Interamerican Court of Human Rights issued Advisory Opinion on Gender
Identity, Equality, and Nondiscrimination of Same-Sex Couples (2017), OC-24/17. This prompted a
backlash within Costa Rica. According to national polls, the support for the presidential candidate
from a small evangelical political party rose from 2% to 24,79% shortly after the advisory opinion
was released. As a result, he came in first place during the first electoral round. He ultimately lost
in the run-off election (Najar, 2018). Nevertheless, his rapid rise on the national stage demon-
strates how LGBTQ rights are still contested at the social and political levels.
Overall, the socio-cultural context can either accept or undermine transgender rights and iden-
tities. The socio-cultural context influences cognitive processes, which, in turn, determine a col-
lective worldview, including a shared sense of right and wrong. Ultimately, “morality is in part
grounded in culture” (Taylor et al., 2018, p. 5). Thus, for example, the Costa Rican socio-cultural
context is influenced by dominant Christian and Catholic beliefs. As a result, the social construc-
tion of gender is often informed by these religious beliefs. It should be noted that both Catholics
and Christians adhere to a strict interpretation of the gender binary (Darwin, 2020).
According to the Center for Research and Political Studies (CIEP) from the University of
Costa Rica, only a third of the population supports same-sex marriage (Murillo, 2018). In effect,
the legalization of same-sex marriage was not so much a reflection of popular sentiment as it
reflects Costa Rica’s commitment to international human rights. Although Costa Rica now recog-
nizes same-sex marriage, it does not recognize transgender identity for men, women, or non-bin-
ary individuals. As a result, transgender and gender-expansive individuals are often rendered
‘’invisible’’ (Caravaca-Morera & Padilha, 2018).
LITERATURE REVIEW
The term “transgender” is attributed to the psychiatrist John F. Oliven, who coined it in 1965.
Similarly, the term was popularized by Virginia Prince (Currah et al., 2006). From an academic
perspective, the field of transgender research flourishes in the nineties. Accordingly, in 1994,
Susan Stryker described transgender individuals as “people who move away from the gender they
were assigned at birth, people who cross over (trans-) the boundaries constructed by their culture
to define and contain that gender” (Stryker, 2008). She then published the seminal text
Transgender History, which examines the experience of transgender individuals within the United
States from the 1850s to the 2000s (Stryker, 2008).
In the decades since, within the United States, transgender studies “gained the status of a rec-
ognized field”. There are academic publications and university courses focused on transgender
identities, experiences, and theories (Keegan, 2020). Currently, transgender research tends to
examine identities within a social context, experiences within an institutional context and quanti-
tative analyses of identities and experiences. (Schilt & Lagos, 2017).
Nevertheless, even in the United States, “little formal research on transgender prisoners exists”
(Peek, 2004, p. 1218). In general, scholarship regarding incarcerated transgender women has
focused on the role of patriarchy and heteronormativity within prison walls (Rosenberg & Oswin,
2015). Other studies have highlighted how incarcerated transgender individuals are subjected to
“a shockingly inhumane daily existence” (Rosenblum, 1999). Moreover, research has proven that
due to the prevalence of transphobia, transgender women are more likely to be incarcerated.
Once incarcerated, their vulnerabilities are aggravated by prison conditions (Peek, 2004, p. 1218).
Regarding transgender women in Latin America, several studies have explored their identities,
access to healthcare, motives for drug consumption, and experiences with violence in public and
private settings. However, according to Loza et al. (2017), “they were generally not the target
population, or, if so, the sample included a number of different Latina nationalities and cultures.”
Studying transgender individuals as if they were monolithic can be counterproductive because it
erases the particularities of each cultural experience.
Furthermore, concerning incarcerated transgender women in Latin America, Johnson et al.
(2020) carried out An Exploratory Study of Transgender Inmate Populations in Latin America.
Their work is noteworthy because it investigates the experiences of five incarcerated women in
Nicaragua and El Salvador. In other words, the neighboring Central American countries. The
study concluded that incarcerated transgender women experience multiple inequities and violence
because of their identities. Moreover, it affirmed the need for research to examine “how the state
shapes the experiences and violence faced by transgender persons” (Johnson et al., 2020).
In Costa Rica, there is scant information regarding the situation of transgender women. For
instance, there is no record of how many transgender women are in Costa Rica. This is because
the national census adheres to a gender binary. Likewise, it is difficult to determine the nature
and pervasiveness of violence that trans people have suffered. There are no statistics on the sub-
ject that are disaggregated by the gender identity of the victim. Victimization surveys in Costa
Rica do not disaggregate data based on gender identity (INEC, 2020). Additionally, there is no
category of hate crimes in the Costa Rican criminal code, making it impossible to assess its preva-
lence. Lastly, the police do not keep a record of complaints filed by transgender people.
With regards to incarcerated transgender women, there is even less information. There are pre-
vious investigations about incarcerated cisgender women carried out by NGOs (Fernandez et al.,
2015), universities (Palma Campos, 2011), and state institutions (ICD, 2014). However, the above-
mentioned investigations are limited to the ciswomen’s prison system. As a result, the experience
of transgender women is not included. Since there is no legal recognition of their gender identity,
they are sent to men’s prisons.
All in all, this investigation can contribute to the literature since it uses an intersectional lens
to examine an extremely vulnerable group in a country that is often overlooked from an aca-
demic perspective. In this regard, it seeks to contribute to a gap in the literature. The paper will
rely on a socio-legal analysis to appraise the current institutional and legal framework whose pur-
pose is to guarantee the human rights of incarcerated transgender women. It will also examine if
there is compliance with the human rights conventions on the topic. The legal perspective will be
complemented by structured interviews with incarcerated transgender women in Costa Rica.
Based on these interviews, the situation, vulnerabilities and needs of incarcerated transgender
women will be explored.
METHODS
This paper seeks to explore the factors which have contributed to the incarceration of trans-
women. Underlying an individual’s incarceration are complex and interdependent social, political,
economic, and legal factors. For this reason, the research explores the challenges (e.g., access to
education, access to justice, access to work) faced by incarcerated transgender women in Costa
Rica through empirical research.
Additionally, it also aims to provide a basic sociodemographic profile of incarcerated trans-
gender women. Therefore, it was essential to explore their perspective regarding state responsive-
ness (or lack of) to their needs. To this end, they were asked about their experiences within the
criminal justice system, the public education system, the security system, and the larger
social context.
The research relied on mixed methods using structured interviews. An interviewer adminis-
tered each questionnaire. All interviews were carried out in Spanish. Moreover, due to prison reg-
ulations, the interviews were not recorded. When requesting permission to enter the prison, we
were only allowed to enter with printed versions of the questionnaires and pens. Hence, the inter-
viewer would read aloud each question and then write down the answer provided by the respond-
ent. After each question, the interviewee proceeded to the next. No follow-up questions were
asked. There was a total of two interviewers: the authors of this paper. Each interviewer inter-
viewed 8 participants each, for a total of 16 participants. Each interview lasted around an hour.
The questionnaire consisted of 110 closed questions about nine main topics. For example, with
regards to their education:
What is your education level?
Complete Incomplete (Include the last grade)

2.1.4 Primary school
2.1.5 Highschool
2.1.6 University
Then, in the section regarding their work experience, the interviewees were asked
the following:
What is the biggest obstacle to finding a job?

… …. Lack of education
… …. Lack of training
… …. Discrimination due to transgender/gender-expansive identity
… …. Other
These topics were selected using an intersectional lens. The intersectional perspective seeks to
analyze the “multidimensionality’ of marginalized subjects’ lived experiences” (Crenshaw, 1989, p.
39). This approach allows for the exploration of the various intersecting forms of inequity faced
by transgender women. Apart from gender identity, social characteristics like ethnicity, class and
sexual orientation can also lead to discrimination. Indeed, “one’s actions and opportunities are
structured by one’s placement along each of these dimensions” (Burgess-Proctor, 2006). The ques-
tions in the interview explored the past and present personal experience of respondents regarding
the nine dimensions listed below:
1. Social background. Focused on childhood and family

2. Education. Examined their experiences with the educational system
3. Work experience. Focused on the level of insertion into the labor market
4. Identity. Analyzed self-identification, recognition of transgender identity by third parties and
gender-reaffirming procedures
5. Vulnerabilities. Examined the prevalence of psychological violence, physical violence, sexual
abuse, sexual violence, sexual exploitation, and economic violence
6. Public security. Analyzed how transgender women feel in public spaces, in the workplace
and with regards to the national security apparatus (e.g., police officers)
7. Health. Examined mental health, drug consumption, VIH
8. Crime. Analyzed criminal antecedents and risk factors and causes of crime
9. Access to Justice. Focused on their experiences with the criminal justice system
These dimensions were selected based on a literature review of research that highlighted the
many obstacles faced by transgender individuals. Given the lack of information regarding trans-
gender women in Costa Rica, the aim was an explorative study. To this end, a comprehensive list
of questions was developed. Moreover, this study is informed by the exploratory investigation by
Loza et al. (2017) about transgender women living on the US-Mexican border. The study high-
lighted the need for researching the unique obstacles faced by transgender women in each
national and cultural context. Since the type of vulnerabilities faced by transgender women can
vary depending on the context, it is critical to understand the challenges resulting from a particu-
lar social, institutional and political framework. For this reason, we opted to give the study a
national focus, Costa Rica.
Likewise, the research was also informed by the exploratory research carried out in Nicaragua
and El Salvador (Johnson et al., 2020), highlighting the need for more research about how the
State responds to the situation of incarcerated transgender women. For this reason, in addition to
analyzing multiple dimensions of vulnerability, the study will also explore how State policy either
addresses or neglects their needs.
SELECTION OF PARTICIPANTS
Currently, transgender women do not have their gender identity recognized legally in Costa Rica.
As a result, they remain unrecognized and thus unprotected. Their presence is not noted accord-
ing to their chosen gender identity in the official records when entering the prison system, but
according to the gender they were assigned at birth. For this reason, the prison authorities are
Table 1. Prison visits.

Penitentiary Province Number of transwomen interviewed
CAI La Reforma Alajuela 5
CAI Liberia Limon 4
CAI Puntarenas Puntarenas 5
CAI Centro de Atencion para Personas San Jose 2
con Enfermedades Mentales en
Conflicto con la Ley (Capemcol).
unaware of the exact number of incarcerated transgender women. According to an investigation

carried out in 2017, 31 transgender women were in the Costa Rican prison system (Melendez
Segura, 2018).
For the purposes of this investigation, once permission was obtained to visit prisons, we had
to rely on snowball methodology. Each day we arrived at the prison, we showed the necessary
permits, explained the nature of the investigation, and passed through the security check. Since
the prison authorities do not record the number, location, or names of incarcerated transgender
women, we had to ask the prisoners and the correctional officers for information.
Usually, the first point of contact was the front-door correctional officer. We asked them if
they were aware of any transgender women currently incarcerated. Although prison guards sel-
dom use the term “transgender”, they are aware of individuals who prefer to be referred to by a
female name and have a feminine gender expression. Therefore, the guard would usually give us
a name or two. Then, we would walk to the prison wing where this person was located. After
interviewing them, we asked if they knew any other transgender women within the prison. In
this regard, snowball sampling was used throughout. After the initial first point of contact via a
prison guard, each informant was selected and interviewed through “contact information that is
provided by other informants.” (Chaim, 2008).
Four prisons in four provinces, Alajuela, San Jose, Puntarenas, and Liberia, were selected. The
objective was to gauge if there was a rural-urban divide. Thus, Table 1 indicates each of the pris-
ons visited, the province where it is located, and the number of transgender individuals
interviewed.
During August 2019, structured interviews were carried out with sixteen incarcerated trans-
gender women. The inclusion criteria were: (1) self-identified as a woman, a transgender woman,
or any other gender-diverse term, (2) were assigned the ‘male’ sex at birth, (3) legal adults (i.e.,
18 years or older), (4) currently incarcerated within the male prison system, (5) have been sen-
tenced regardless of the crime. The exclusion criteria: (1) Individuals in pretrial detention were
not included in the sample. Each participant was read out loud a consent form. This included
information about the study’s purposes, and it emphasized that their participation was confiden-
tial and voluntary. If they agreed to participate, they were asked to sign the consent form. It was
then placed into a sealed manila envelope. It should be noted that all the participants were guar-
anteed confidentiality.
DATA ANALYSIS
Since this is an exploratory study based on 110 closed questions, data analysis involved evaluating
a grid and then coding the answers. Once the sixteen interviews were completed, the results were
first transferred from the paper questionnaires to a grid. To this end, an excel spreadsheet was
used. Each dimension was given a separate spreadsheet. As a result, there were nine sheets over-
all. Then the answers to questions were inserted using a code. Since the questionnaire consisted
of closed questions, the code was very simple (yes ¼ 1, no ¼ 0). To illustrate the analytical pro-
cess, Table 2 provides an example of the data analysis involving physical violence. The trans-
gender women were asked if they had experienced physical violence from the age interval
Table 2. Data analysis example.

Respondents Physical violence 0–9 years
1 0
2 1
3 0
4 0
5 1
6 0
7 1
8 1
9 1
10 1
11 0
12 0
13 0
14 1
15 1
16 1
Totals 9
0–9 years old, i.e., during their childhood. If the respondent said yes, the code was 1, and if the
answer was no, the code was 0. Once all the answers had been inserted for the age interval (0–9),
the codes were added. The result was 9 out of 16, or 56%.
If the questions had multiple answers, the chart was divided into several categories. To this
end, Table 3. provides an example of how the topic of public self-identification was analyzed. The
question regarding public self-identification, the respondents answered transgender (n ¼ 6),
women (n ¼ 6), gay (n ¼ 1), travesti (n ¼ 2) and transsexual (n ¼ 1). In this case, based on their
answers, five categories were established. Each one was analyzed individually. For instance, the
first category, “transgender”, examined how many respondents publicly identified as transgender.
The code was simple. If the respondents said yes, the code was yes ¼ 1. If the respondents said
no, the code was no ¼ 0. The answers for that category were all added. Then, the same process
was carried out for the next category, “women”, and so forth.
RESULTS
The interviews provided a glimpse into the lives of incarcerated transwomen in Costa Rica. Their
experiences and needs are at times rendered invisible. Although there is a growing awareness
regarding the transgender experience in some countries, this is still lacking in Costa Rica.
In addition to the above, gender identity and sexual orientation do not have considerable
weight when developing public policies and citizen security strategies. Indeed, “the sex binary has
many negative effects on public policy” (Rosenblum, 2011). As it stands, the full impact of trans-
phobic violence in Costa Rica is unknown. Subsequently, it is impossible to have a citizen security
policy that is inclusive and nondiscriminatory. Since gender-based violence also affects trans-
gender women, efforts to raise awareness and prevention measures should include them. At this
time, the nature and extent of direct, structural, and cultural violence experienced by transgender
people in Costa Rica are not fully known.
SOCIAL CONTEXT
The role of socialization agencies is crucial in the development of an individual. Based on
social learning theory, individuals acquire certain attitudes, beliefs, and values from their peers
and family. According to Akers (2006), “neighbors, churches, schoolteachers, doctors, legal figures
and authorities and other people and groups in the community ( … .) have varying degrees of
influence.” In the case of Costa Rica, the abovementioned social actors adhere to a
Table 3. Data analysis example.

Respondent How do you identify publicly Transgender Women Gay Travesti Transsexual
1 Transgender 1 0 0 0 0
2 Gay 0 0 1 0 0
3 Woman 0 1 0 0 0
7 Transsexual 0 0 0 0 1
8 Travesti 0 0 0 1 0
9 Woman 0 1 0 0 0
11 Woman 0 1 0 0 0
12 Woman 0 1 0 0 0
13 Travesti 0 0 0 1 0
14 Woman 0 1 0 0 0
16 Woman 0 1 0 0 0
Totals 6 6 1 2 1
cis-heteronormative worldview. A clear example is the very vocal defense of “traditional” families
by elected politicians, clergy, and activists in response to the increasing visibility of the LGBTQI
community (Fattori & Quir os, 2019). In this context, “traditional family” implies a nuclear family
composed of a cisgender and heterosexual man married to a cisgender and heterosexual woman
and their children.
Regarding the social background of the incarcerated transgender women, it is worth noting
that they were, on average, 31 years old. Only one of the people interviewed was a foreigner, and
the remaining 15 respondents (94%), were born in Costa Rica. It is also worth mentioning that
most of them were children of teen mothers, 11 respondents (68%). The average age of their
mothers at the time of their first childbirth was 16 years old. In contrast, their father was 23 years
old. On average, they had five siblings.
Many of the incarcerated transgender women have reported that their first experience of vic-
timization happened within the family. On average, they left home at the age of 14. To examine
this topic further, transgender women were asked the reasons for leaving home. Figure 1 illus-
trates their answers. When asked why they left their family home, 4 respondents, (25%), reported
it was due to transphobic discrimination from their own family. For 3 respondents, (19%) it was
due to domestic violence; for 3 respondents, (19%) it was because they wanted independence; for
1 respondent, (6%) it was due to drug consumption; for 1 respondent, (6%) it was due to poverty
and for 1 respondent, (6%) it was to try to get a better education.
Access to Education
Education is frequently cited as one of the best pathways out of poverty (Awan et al., 2011).
However, the education system is not a neutral actor in Costa Rica. Indeed, the public education
system has become an ideological battlefield. Some activists have been campaigning to implement
sexual education throughout the country, whilst others campaign to prevent it (Fattori &
Quiros, 2019).
Given the importance of access to education, it was vital to explore the experiences of incar-
cerated transgender women. Accordingly, Figure 2 indicates access to education. In effect, 15
respondents (94%) of transgender women had access to formal education. However, only 11
respondents (73%) of the transgender women completed their primary school education.
Although 9 respondents (60%) enrolled in high school, none completed it.
In the last fifteen years, Costa Rica has implemented education grants to assist students in
completing their primary and secondary studies (Fondo Nacional de Becas, 2020). To this end,
REASONS FOR LEAVING HOME
25
19
19
6
6
TRANSPHOBIA DRUGS DOMESTIC SCHOOL POVERTY INDEPENDENCE
VIOLENCE
Figure 1. Reasons for leaving home.
EDUCATION
Complete Incomplete
73
60
27
PRIMARY SCHOOL
0
HIGHSCHOOL
Figure 2. Education attainment.
DID YOU RECEIVE AN

EDUCATION GRANT TO
ATTEND SCHOOL
69
31
YES NO
Figure 3. Education grant.
Figure 3 presents the data regarding education grants. Among the trans women interviewed, 5
respondents (31%) received an education grant to attend school. However, further research is
required to explore why the grant is not reaching all the vulnerable groups.
The transwomen were also asked about their day-to-day experiences with the school system. In the
United States, LGBTQI students have reported higher levels of bullying and harassment than their het-
erosexual counterparts (Earnshaw et al., 2017). Regarding transgender students, (90%) of students
reported been victimized at school, and more than (25%) reported physical assault (Domınguez-
Martınez & Robles, 2019). According to a previous study about gay and transgender individuals in
Peru, the majority reported homophobic and transphobic bullying in schools (Juarez-Chavez et al.,
2021). The extent of harassment in schools is illustrated in Figure 4. When asked about harassment
during their time in school, 6 respondents (40%) of incarcerated transgender women reported being
harassed by other students, 6 respondents (40%) reported being harassed by teaching staff, and 2
HARASSMENT IN SCHOOLS
Yes No
87
60
60
40
40
13
OTHER SUDENTS TEACHERS OTHER EDUCATION STAFF
Figure 4. Harassment in schools.
respondents (13%) reported harassment by other members of the school staff. It should be noted that
both fellow students and teaching staff victimized the transgender students.
In order to explore this topic further, transwomen were asked about verbal and physical vio-
lence. Figure 5 illustrates verbal violence. When asked about verbal violence, 8 respondents (56%)
reported being victimized by other students, 6 respondents (40%) by teachers and 1 respondent
(7%) by other education staff. Then, Figure 6 shows physical violence. Again, the transwomen
were mainly targeted by other students, with 4 respondents (27%). Then, 2 respondents (13%)
reported being physically victimized by teachers and 3 respondents (20%) by other educa-
tion staff.
Only one person interviewed felt comfortable going through official channels to report the
harassment or violence. It reveals that schools have failed to guarantee the psychological or phys-
ical safety of transgender students in at least four different provinces. Further research is required
to determine the types of victimizations, such as harassment and bullying, transgender students
are subjected to in school. In addition, it is vital to examine how the nature of the victimization
varies depending on the perpetrator. For instance, it is important to determine if there is a differ-
ence in the type of violence inflicted by other students compared to teachers and other staff.
Given these circumstances, it is unsurprising that many transgender women are unable to
complete their education. However, when asking them why they were unable to complete their
education, the main reasons were transphobic discrimination at 3 respondents (27%) and the
need to work at 3 respondents (27%). This was followed by poverty, 2 respondents (13%), domes-
tic violence, 1 respondent (6%), drugs, 1 respondent (6%), sickness, 1 respondent (6%). To this
end, Figure 7 exemplifies the reasons for leaving school.
Employment
Given that most transgender women interviewed leave home at a young age, they have to support
themselves. Indeed, on average, they began working at the age of 15. Furthermore, transgender
women face many difficulties obtaining work. According to a survey carried out in the United
States, (44%) of transgender women were refused a job due to their identity. Moreover, even
among those able to find employment, (50%) were harassed at work (DeSouza et al., 2017).
Article 33 of Costa Rica’s Political Constitution enshrines the principle of equality. It prohibits
any form of discrimination because it undermines human dignity. At the same time, Costa Rica’s
Labor Code, in its article 622, prohibits discrimination. Despite these legal protections, trans-
gender women still face a great deal of difficulty finding work. For this reason, Figure 8 shows
the percentage of transwomen who had difficulty obtaining work. It should be noted, 3 respond-
ents (19%) reported they had never tried to find work in the formal sector. Then, 11 respondents
(69%) reported they had had difficulty finding work.
VERBAL VIOLENCE IN SCHOOLS
Yes No
93
60
56
44
40
7
OTHER SUDENTS TEACHERS OTHER
EDUCATION STAFF
Figure 5. Verbal violence in schools.
PHYSICAL VIOLENCE IN SCHOOL
Yes No
87
80
73
27
20
13
OTHER STUDENTS TEACHERS OTHER EDUCATION

STAFF
Figure 6. Physical violence in schools.
REASONS FOR LEAVING SCHOOL
27 27
13 13
6 6 6
WORK POVERTY DISCRIMINATION DOMESTIC DRUGS SICK OTHER
VIOLENCE
Figure 7. Reasons for leaving school.
Diﬃculty ﬁnding work
69
31
Yes No
Figure 8. Difficulty finding work.
9%
91%
Transphobic discriminaon Lack of educaon

Figure 9. The main obstacle for obtaining work.
SEL F - I DE N T IFI C A TION

100 87
80
60
40
20
13
0
TRANSGENDER WOMAN TRAVESTI
Figure 10. Self-identification.
In addition, transwomen were asked why they considered they had had difficulty finding
work. Figure 9 demonstrates the results. Of the women who reported difficulties finding work, 1
respondent (9%) stated it was due to a lack of education, and 11 respondents (91%), said it was
because of transgender discrimination. Lastly, 14 respondents (88%) of the transgender women
interviewed reported having had to engage in sex work. Given that transgender women have
reported difficulty finding work and stated transphobic discrimination is the main obstacle, fur-
ther research is necessary.
Identity
The question of self-identification is fundamental. Figure 10 indicates how the interviewed indi-
viduals self-identify. To this end, 14 respondents (87%) said they identify as transgender women.
Then, 2 respondents (13%) reported they identified as ‘trasvesti’ because they “had not had any
reaffirming procedures.” On average, they became aware of their gender identity at the age
of nine.
Nonetheless, not all the respondents shared their identity with their social circles. To this end,
Figure 11 reveals the first person they told. Usually, it was a parent: 8 respondents, (50%) first
told a parent, 6 respondents, (38%) first told a friend, 1 respondent, (6%) a sibling and 1
respondent, (6%) an aunt. When gauging the reactions of the first person with whom they shared
their trans-identity, 8 respondents (50%) reported the reaction was positive, in 4 respondents,
(25%), the reaction was confusion, 2 respondents, (13%), it was negative, and 2 respondents,
(13%), it was neutral or indifferent. More in-depth research regarding the experiences they had
when sharing their identities with others is necessary. In addition, it is vital to explore how hav-
ing a positive reaction instead of an adverse reaction impacted their sense of self.
It should be noted that not all of them feel safe publicly identifying as transwomen. In general,
transgender individuals have reported “repressing” their gender identity and feminine behaviors
FIRST PERSON YOU TOLD IDENTITY TO
50
38
6
6
AUNT SIBLING FRIEND PARENTS
Figure 11. First-person you told identity to.
PUBLIC SELF-IDENTIFICATION
40
30
38 38
20
10
13
6 6
0
Transgender woman Woman Trasves Transexual Gay
Figure 12. Public self-identification.
REFERRED TO BY CHOSEN NAME
Yes No
75
69
66
62
50
50
50
50
44
38
31
25
PRISON STAFF OTHER PARENTS SIBLING FRIENDS PARTNER

PRISONERS
Figure 13. Referred to by chosen name.
to avoid discrimination and violence (Juarez-Chavez et al., 2021). Indeed, Figure 12 shows their
public identification. Accordingly, 1 respondent (6%) stated that even though they are a trans-
woman, they prefer to identify as a “gay man in the streets”. Similarly, 6 respondents (38%) iden-
tify as women without disclosing that they are transgender. So then, 6 respondents (38%) identify
as transgender, 2 respondents (13%) as travesti and 1 respondent (6%) as transexual. On average,
the individuals who publicly identify as transgender, transexual or travesti, have done so since
they were 15 years old.
Given that a significant number of transgender women publicly identify as such, it was
important to assess if others respect their identity. Hence, the women were asked if they were
referred to by their chosen name instead of the legal name they were assigned at birth. Figure 13
indicates the number of individuals who are referred to by their chosen name. Accordingly, 6
respondents (38%) of the prison staff used their chosen name and 11 respondents (69%) of other
prisoners, 7 respondents (44%) of their parents, 8 respondents (50%) of their siblings, 12

respondents (75%) of their friends, and 8 respondents (50%) of their partners.
Health
In Costa Rica, the right to health is enshrined in article 50 of the Political Constitution. In add-
ition, there is the public health system. The Caja Costarricense de Seguro Social (CCSS) was
established in 1941 to provide healthcare to workers (Vargas & Muiser, 2013). Then 1994, the
public healthcare system was reorganized. Clinics named Equipo Basico de Atencion Integral de
Salud (EBAIS, or basic integrated health care team) were added to provide primary healthcare.
Within twelve years, health coverage increased to 93% (Pesec et al., 2017).
In spite of the advances in guaranteeing healthcare for the general population, transgender
individuals are still excluded. In this regard, Costa Rica is not an exception. Throughout Latin
America, transgender individuals are very vulnerable due to a lack of access to healthcare
(PAHO, 2014). Healthcare is conceived from a cisnormative conceptualization. Consequently, the
specific health needs of transgender people are unknown and unaddressed. There is even a lack
of experts with regards to trans health. Due to the lack of trans-inclusive techniques and proce-
dures, their right to health is undermined.
GENDER REAFFIRMING PROCEDURES

In 2007, an application for constitutional redress was interposed when the CCSS refused to pro-
vide a gender reaffirming surgery. The CCSS refused because the operation was not required for
health reasons and based on the administrative principle of legality. Since the institution was not
expressly authorized by law, they could not provide it (Constitutional Court of the Republic of
Costa Rica, 2007). Moreover, the Acting Director-General of Mexico stated under oath that the
purpose of the services provided by the public healthcare system was to “cure and prevent illness,
for this reason, aesthetic and vanity are not within the institutional objectives” (Constitutional
Court of the Republic of Costa Rica, 2007).
The transwomen were also asked with regards to gender reaffirming procedures. This can refer
to “hormone therapy, genital reconstruction, breast reconstruction, facial plastic surgery, speech
therapy, urologic and psychiatric services and primary care” (Johns Hopkins Medicine, 2020). In
general, transgender individuals have reported “high levels of satisfaction” in response to the gen-
der reaffirming procedures (Van de Grift et al., 2018).
Regarding gender reaffirming procedures, 11 respondents (69%) reported they had used hor-
mone therapy. Of the 5 respondents, (31%) have not had hormone therapy. All of them want to.
Then, 4 respondents (25%) have had a gender reaffirming surgery. Of the 12 respondents, (75%)
have had no surgical procedures, all of them want to. In effect, all transgender women have either
had or would like to have a gender reaffirming procedure.
However, transgender women face a myriad of “structural inequalities” when trying to obtain
healthcare. These include a lack of access to housing, a lack of access to work, and a lack of
access to health insurance (Clark et al., 2018). As a result of these numerous barriers, their transi-
tion is often dictated by their limited economic means rather than their actual needs. Even those
who could obtain a gender reaffirming procedure still lacked access to proper medical care. Only
4 respondents (40%) of the cases obtained the treatment from a doctor. The remainder went to
an unlicensed third party.
MENTAL HEALTH DIAGNOSIS
80
70
75
60
50
40
30
20
10
13 13 13
0
SCHIZOPHRENIA EATING DISORDER DOMESTIC VIOLENCE DEPRESSION
Figure 14. Mental health diagnosis.
DRUG CONSUMPTION
Previous studies have suggested there is a link between minority stress and drug consumption.
Minority stress theory suggests that there are “stressors specific to sexual minorities”, such as
social rejection due to widespread discrimination and internalized feelings of self-devaluation
(Gonzalez et al., 2017).
When the incarcerated transwomen were asked about drug consumption, many stated it was a
coping mechanism given their lack of family and social support. Overall, 15 respondents (94%)
have used illicit drugs at one point in their lives. Of these, 4 respondents (25%) have received
treatment or gone to rehabilitation for their consumption. In some cases, the women sought
treatment from a state institution, the Institute of Drug Abuse and Alcoholism (IAFA, 2020).
Others from Hogares Crea, a nonprofit that offers a rehabilitation program for free. It should be
noted, all of the transgender women who sought treatment reported a lack of gender sensitivity
during treatment. Indeed, many transgender women cannot obtain proper treatment due to
minority stress and prevalent transphobic attitudes among the staff (Lyons et al., 2015).
MENTAL HEALTH
The transgender women interviewed were also asked about their mental health. In general, trans-
gender individuals report more mental health issues than their cisgender counterparts (Streed et
al., 2018). According to an investigation carried among transgender women in Brazil, there was a
“high prevalence of psychiatric diagnosis, including psychoactive drug use, suicide attempts,
major depressive disorder, psychoses, social phobias, and obsessive-compulsive behavior”
(Fontanari et al., 2018). In the United States, 57% of transgender individuals have reported expe-
riencing depression, and 42.1% have reported anxiety. According to previous studies,
“transphobia-based violence is related to increased depression and anxiety” (Klemmer et
al., 2021).
It should be noted that 8 respondents (50%) of transwomen have been referred to a psycholo-
gist. Then, 3 respondents (19%) have been referred to a psychiatrist. Figure 14 illustrates the
mental health diagnosis transwomen have received. Of the transwomen referred to a medical
practitioner, 12 respondents (75%) were diagnosed with depression. Costa Rica is not an outlier.
As mentioned above, the prevalence of depression has been confirmed in other studies. Then, 2
respondents (13%) were diagnosed with an eating disorder and 2 respondents (13%) with schizo-
phrenia. An additional 2 respondents (13%) were referred to a psychologist, not because they had
a particular mental health issue, but to cope with domestic violence.
It was also essential to examine the prevalence of self-injury because this mental health issue is
the least researched among transgender individuals (Jackman et al., 2018). The previous meta-
analysis has been “consistent” in concluding that LGBTQI individuals are more likely to be at
Risk factors for self-injury
71
28 14
Depression Prison life Eang disorder
Figure 15. Risk factors for self-injury.
Yes No
100
80
60
40
20
0
Self-injury Suicide ideaon Suicide aempts
Figure 16. Self-injury, suicide ideation and suicide attempts.
risk for self-injury than their cis-heteronormative counterparts. However, there is still a gap in
the literature regarding the extent and nature of the phenomenon (Liu et al., 2019).
It should be mentioned that 7 respondents (44%) of the transgender women interviewed
reported self-injury. This is reflected in Figure 16. When asked why they hurt themselves, the
transwomen identified three main reasons. Accordingly, as shown in Figure 15, 5 respondents
(71%) stated it was a coping mechanism for their depression, 2 respondents (28%) stated it was
to cope with the hardship of prison life, and 1 respondent (14%) used it to cope with an eat-
ing disorder.
In addition, the transgender women were asked about suicide ideation and suicide attempts.
Previous studies have indicated that transgender women are at higher risk of suicide attempts
(PAHO, 2014). For instance, in a study carried in the Dominican Republic, “between one fifth
and one-quarter of respondents had attempted suicide (22.5%)” (Budhwani et al., 2018). Figure
16 describes the prevalence of suicide ideation and suicide attempts. In effect, 14 respondents
(88%) of respondents, experienced suicide ideation, and 6 respondents (38%) have attempted sui-
cide at least once.
Given the vulnerability of transgender women, there is a need for more significant social and
psychological support. At the group level, this means community-building. At the individual level,
it implies tailored support to address the toll of enduring transphobia and any mental health
issues so that transgender women develop a “positive self-concept” (Kuper et al., 2018).
Lastly, there is the topic of HIV. According to previous studies, transgender women are con-
sidered a high-risk group for HIV. Moreover, many of them are undiagnosed and lack access to
treatment (Ragonnet-Cronin et al., 2019). Nevertheless, a hundred percent of the respondents
stated they are routinely tested for HIV. Currently, 3 respondents (19%) are HIV positive, and
they are receiving anti-viral treatment.
Cycle of violence
90 81
80 75
69 69
70
56 55
60
50 44 44
36 38 38 38
40 31 31 31
27 27 25
30
19 18
20 13
9
10 0 0
0
Physical violence Psychological violence Sexual abuse Rape Sexual exploitaon Economic violence
0 to 9 10 to 15 16 to 25 26 - now In prison
Figure 17. Cycle of violence.
Vulnerabilities
Transgender women are among the most vulnerable social groups (Wilson et al., 2017). In Costa
Rica, they are marginalized from a cultural, political, and institutional perspective. Some of them
are born in a situation of social marginality. At times, they are the victims of abuse and intrafa-
milial violence. Then, without exception, they are the victims of multiple forms of violence due
to transphobia.
It is not a phenomenon limited to Costa Rica. Previous research in Barbados, El Salvador,
Trinidad and Tobago, and Haiti has demonstrated that transgender women face very high levels
of violence (Evens et al., 2019). In addition to gender-based violence, transgender women have
also experienced high levels of sexual abuse and intimate partner violence compared to their cis-
heterosexual peers (Garthe et al., 2018).
VICTIMIZATION
The participants were asked about their experiences with physical violence, psychological violence,
sexual abuse, sexual exploitation, and economic violence to assess the different types of violence.
The types of violence were defined using the legal terms in accordance with the Costa Rican Law
of criminalization of violence against women, N 8589. In addition, to evaluate the frequency of
violence during their lifetime, the participants were asked if they had experienced it. Thus, Figure
17 represents the physical, psychological, sexual abuse, rape, sexual exploitation and economic
violence experienced from the ages of 0–9, 10–15, 16–25, 26-now, and in prison.
PHYSICAL VIOLENCE
Physical violence is defined in article 22 of Law N 8589. Physical violence refers to mistreating,
hitting and any other physical harm. In a study among Latin American Transgender women in
Washington DC, 92% were Central American migrants. Of the respondents, 76% reported experi-
encing physical violence during their lifetimes (Yamanis et al., 2018). As indicated in Figure 17,
from the age of 0–9, 9 respondents (56%) reported physical violence, from the age of 10–15, 10
respondents (63%), from the age of 16–25, 7 respondents (44%), from the age of 26-now, 5
respondents (36%) and in-prison, 11 respondents (69%). Although high levels of physical violence
were experienced during childhood, the highest frequency has been during their prison term. It
reveals that prison is a site of violence for most transgender women.
PSYCHOLOGICAL VIOLENCE
Psychological violence is defined in article 26 of Law N 8589. It includes the “threats of violence,
intimidation, blackmail, or harassment.” In a study among Latin American transgender women in
Washington DC, 95% reported experiencing psychological violence during their lifetimes
(Yamanis et al., 2018). As indicated in Figure 17, from the age of 0–9, 11 respondents (69%)
reported psychological violence, from the age of 10–15, 12 respondents (75%), from the age of
16–25, 12 respondents (75%), from the age of 26-now, 9 respondents (56%) and in-prison, 13
respondents (81%). The highest frequency has been during their prison term. Thus, it reaffirms
that prison is a site of violence for most transwomen.
SEXUAL ABUSE
Sexual abuse is defined in article 30 of Law N 8589. It implies forcing another person to endure
“sexual acts that cause pain or humiliation”. According to the literature, LGBTQI individuals
report experiencing high levels of sexual abuse (Grossman & D’Augelli, 2006). For example, in a
study about incarcerated transgender women in California, 69.4% of respondents reported sexual
victimization. For the study, it was defined as “including things they would “rather not do”
(Jenness et al., 2019). As indicated in Figure 17, from the age of 0–9, 6 respondents (38%)
reported sexual abuse, from the age of 10–15, 6 respondents (38%), from the age of 16–25, 6
respondents, (38%), from the age of 26-now, 4 respondents, (27%) and in-prison, 5 respond-
ents, (31%).
RAPE
Rape is defined in article 29 of Law N 8589. It specifies that it refers to oral, anal, or vaginal
penetration without the person’s consent. Given their social vulnerability, transgender women are
at a higher risk of sexual assault (Seelman, 2015). According to the Bureau of Justice Statistics of
the United States, one-third of incarcerated transgender women were sexually assaulted (Jenness
et al., 2019). As indicated in Figure 17, from the age of 0–9, 7 respondents (44%) reported rape,
from the age of 10–15, 3 respondents, (19%), from the age of 16–25, (31%), from the age of 26-
now, 6 respondents (27%) and in-prison, 4 respondents (25%). It should be noted that trans-
gender women were most likely to experience rape as young children.
SEXUAL EXPLOITATION
According to article 31 of Law N 8589, sexual exploitation is when a person is forced to have
sexual relations for another person’s economic gain. More broadly, it can refer to “any actual or
attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes,
including but not limited to profiting monetarily, socially, or politically from sexual exploitation”
(Annan, 2003). Previous studies have demonstrated that transgender women report sexual abuse
with more frequency than their cis-heterosexual peers (Rimes et al., 2019). As indicated in Figure
17, from the age of 0–9, no respondents reported sexual exploitation; from the age of 10–15, 2
respondents (13%), from the age of 16–25, 6 respondents (38%), from 26-now, 1 respond-
ent (9%).
ECONOMIC VIOLENCE
Economic violence is defined in articles 38–40 of Law N 8589. It refers to “when a third party
deducts earnings from an economic activity for their benefit.” It can also refer to when a person
Treatment by police
100
81 81
80 69
60
40 31
19 19
20
0
Mistreatment Verbal harassment Physical violence
Yes No
Figure 18. Treatment by police.
DISCRIMINATION
Yes No
75
66
50
50
44
25
PUBLIC HEALTH PUBLIC SCHOOL OTHER STATE

OFFICIALS EMPLOYEES BUREAUCRATS
Figure 19. Discrimination.
coerces a woman to give away her earnings or refuses to pay a person after providing a service or
good. It can also imply “limited access to funds and credit” (Fawole, 2008). As indicated in
Figure 17, from the age of 0–9, 3 respondents (19%) reported economic violence, from the age of
10–15, 3 respondents (19%), from the age of 16–25, 5 respondents (31%), from the age of 26-
now, 3 respondents (18%) and in-prison, 2 respondents (13%).
STRUCTURAL VIOLENCE
Structural violence is when “social structures or institutions that keep individuals from meeting
basic needs—from a healthy existence” (Grauer & Buikstra, 2019). This can express itself as dis-
criminatory laws, lack of access to education, lack of access to dignified work, and lack of access
to housing (Ortiz & Jackey, 2019). For example, according to a study carried out in Peru, trans-
gender women experience harassment and violence from police officers. Moreover, due to dis-
criminatory laws and “social stigma,” they are unable to report the extent of the violence
(Rodrıguez-Madera et al., 2017).
Regarding police violence, Figure 18 demonstrates that 13 respondents (81%) of the trans-
gender women reported mistreatment, 13 respondents (81%) reported harassment, and 11
respondents (69%) reported physical violence. Thus, among incarcerated transgender women, the
police are not equated with safety. Quite the contrary, for many, the security forces are a source
of insecurity. Then, regarding discrimination, Figure 19 indicates that 4 respondents (25%)
reported experiencing it from public health officials, 8 respondents (50%) from public school
employees and, 7 respondents (44%) from other state bureaucrats.
CRIMINAL OFFENSE
50
44
45
40
35
30 25
25
20
13
15
10 6 6
5
0
KIDNAPPING SEXUAL ABUSE HOMICIDE THEFT DRUG-RELATED
CRIMES
Figure 20. Criminal offense.
In general, transgender women are an at-risk social group. Once incarcerated, they face add-
itional challenges to their safety (Wilson et al., 2017). The transgender women interviewed were
asked the question, “do you feel safe?.” Only 8 respondents (50%) reported feeling safe around
the police, 7 respondents (44%) reported feeling safe around other prisoners, and 8 respondents
(50%) reported feeling safe around the prison staff.
Given how widespread violence is, further research is merited. For example, to explore the
types of violence inflicted on incarcerated transgender women by prison staff in comparison to
other prisoners. Once incarcerated, transgender women are under custody of the State. For this
reason, there is a state obligation to guarantee their safety. Additional research could highlight
the institutional shortcomings in ensuring their physical and psychological well-being.
Criminal Justice System

Crime, much like gender, is a political and social construct. Kappeler and Potter (2017)
argues that rather than respond to threats, criminal justice responds to dominant social myths
(p. 444). In many cases, crime is “disproportionately attributed to the behaviors of those with
marginalized racial, sexual, and gender identities” (Gaynor, 2018). As a result, in the public
imaginary, crime is linked with anyone who is not cisgender, heterosexual (Gaynor, 2018)
and middle-class (Francisco Simon, 2021, p. 245). The result is the criminalization of trans-
gender women because of their gender identity (Lyons et al., 2017) and their poverty
(Francisco Simon, 2021, p. 247).
Essentially, transgender women face multiple and persistent forms of violence. In many ways,
incarceration adds another layer of violence. Criminalization is the result of 1) widespread trans-
phobia (Lyons et al., 2017), 2) a lack of economic opportunities (Lyons et al., 2017), 3) punitive
policies implemented against the criminal acts more likely to be committed by more impover-
ished individuals (in juxtaposition to the ‘light’ approach taken against white-collar crime)
(Francisco Simon, 2021, p. 240), and 4) the influence of the War on Drugs. In the context of the
War on Drugs, repressive criminal justice policies have been used to address insecurity. This has
translated into harsher sentencing for drug-related crimes, resulting in a crisis of mass incarcer-
ation throughout Latin America (Chaparro Hernandez & Perez Correa, 2017).
Case in point, a significant proportion of the transgender women interviewed were incarcer-
ated for drug-related crimes, as portrayed by Figure 20, 7 respondents, (44%). Given its geo-
graphic location between the countries where there is cocaine production and countries where
there is cocaine consumption, Costa Rica has become a “bridge” for drug trafficking since the
nineties. (Saborıo, 2019). Moreover, as shown in Figure 20, the second criminal offense for which
transgender women were most incarcerated was theft, 4 respondents (25%), homicide, 2 respond-
ents (13%), kidnapping, 1 respondent (6%) and sexual abuse, 1 respondent (6%).
REASONS FOR CRIME
50
45
40 44
35
30
25 31
20
15
10
13
5 6 6
0
ECONOMIC THREATS DRUG CONSUMPTION VENGEANCE OTHER
NECESSITY
Figure 21. Reasons for crime.
Furthermore, it should be noted that the majority, 10 respondents (63%), were first-time-
offenders. Since the ’80s, the rise of mass incarceration has resulted in the rise of the alternative
sentencing movement. It has led to more significant support for alternative sentencing and other
measures besides incarceration (Mauer, 2018, p. 118). Yet, alternative sentencing, even for first-
time offenders, is seldomly applied in Costa Rica. The Inter-American Commission on Human
Rights has advocated for greater use of alternative sentencing, particularly with a “gender perspec-
tive and a differentiated approach with respect to at-risk groups” (Inter-American Commission
on Human Rights, 2017, p. 16). Admittedly, transgender women should be candidates for alterna-
tive sentencing given their multiple vulnerabilities.
When asked about the reasons for the criminal offense, as indicated in Figure 21, transgender
women identified economic necessity as the primary cause, 7 respondents (44%). Then, 2
respondents (13%) stated it was due to threats, 1 respondent (6%) attributed it to drug consump-
tion, 1 respondent (6%) stated vengeance, and 5 respondents (31%) reported other.
The high number of transwomen driven by economic necessity proves that the punitive poli-
cies target primarily poor individuals. As demonstrated in Figure 21, it is also noteworthy that 2
respondents (13%) were incarcerated due to threats and 1 respondent (6%) due to drug consump-
tion—two very vulnerable groups. In the first case, the individuals were under duress. In the
second case, drug consumers need treatment. That requires collaboration between the peniten-
tiary system and rehabilitation providers. These needs are often unmet (UNODC, 2003).
It was vital to examine if the criminal justice system is trans-inclusive. Gender is a deeply
embedded social construct. It is reproduced through routine and discourse until it is deemed to
be natural. As a result, many individuals adopt a rigid attitude toward gender identity and gender
expression (Lorber, 2009, pp. 111–114). These attitudes permeate social, cultural, and legal norms
(Buist & Stone, 2014). As a result, the criminal justice system, and by extension, the prison sys-
tem, does not exist in a neutral space. Quite the contrary, “personal beliefs and cultural norms
often play a part in legal decisions, particularly those regarding transgender criminal cases” (Buist
& Stone, 2014).
As a means of assessing the degree of trans-inclusiveness during the criminal justice process,
transgender women were asked if the other participants were aware of their identity. According
to Figure 22, 7 respondents (44%) stated everyone was aware, 7 respondents (44%) states no one
was aware, and 2 respondents (12%) stated only their defense attorney was aware of their iden-
tity. It should be noted that only 2 respondents (13%) had private representation. The rest had to
rely on a public attorney. This implies that their experience provides an insight regarding the cur-
rent state policies and norms governing the criminal justice system.
Prisons have historically been strictly segregated based on biological sex. This has resulted in a
“somewhat hidden war on transgender women housed in men’s facilities (as well as transgender
men housed in women’s facilities)” (Stohr, 2015). In effect, anyone who does not fall within the
gender binary faces de facto marginalization.
During the process, were jusce operators aware you are a transgender woman?
12%
44%
44%
Everyone No one Defense aorney

Figure 22. Trans-awareness during the trial.
PRISON PREFERENCE
40
35
30
25
20
15
10
0
WOMEN'S PRISON SPECIAL WING FOR SPECIAL WING FOR MEN'S PRISON
TRANSWOMEN IN TRANSWOMEN IN
WOMEN'S PRISON MEN'S PRISON
Figure 23. Prison preference.
Since being incarcerated within a men’s prison often aggravates transgender women’s vul-
nerabilities, it was essential to ask the transwomen about their prison preference- if they had
a choice. Figure 23 shows the results regarding their prison preference, 3 respondents (19%)
selected a women’s prison, 4 respondents (25%) selected a special wing for transgender
women in the women’s prison, 6 respondents (38%) selected a special wing for transgender
women in the men’s prison, and 3 respondents (19%) selected staying in the men’s
prison system.
LEGAL FRAMEWORK
From a human rights perspective, the unique needs of vulnerable groups should be addressed
when elaborating legal norms and public policies. For example, incarcerated transgender
women are arguably among the most vulnerable social groups. To this effect, the United
Nations Office on Drugs and Crime has declared that incarcerated women have a “particularly
vulnerable status in prisons” (UNODC, 2009, p. 1). However, far from being directly
addressed, their needs have thus far been brushed aside from a legal and an institu-
tional standpoint.
In the case of Costa Rica, the country has expressed a profound commitment to human rights.
Indeed, “its record of human rights promotion is enduring and multifaceted” (Brysk, 2005). To
this end, there have been some noticeable advances with regards to ciswomen’s rights. However,
the legal system and institutional layout respond to a restrictive notion of gender.
Narcotics Law Reform 77bis

One of the positive advances in Costa Rica was the reform known as “77 bis” to the “Law on
Narcotics, Psychotropic Substances, Unauthorized Drugs, Related Activities, Money Laundering and
the Financing of Terrorism, Law No. 8204”. However, this was a “modest” reform since its applica-
tion was limited to the crime of smuggling drugs into the prison system (Mora Bola~ nos, 2019).
In 2013, this law was reformed to lessen the sanction for women incarcerated for “introducing
drugs into the prison system” if they were first-time, nonviolent offenders and in a situation of
extreme vulnerability. Based on pre-established criteria, judges are allowed to diminish the length
of the prison sentence. Some of these requirements include that the woman must be living in
poverty, be the sole head of the household, have dependents in her charge, or be elderly. Those
who meet any of these requirements will have sentences of between three and eight years, which
can be served through alternative measures to prison.
The legal reform was advocated because Costa Rica has not “fulfilled the commitments
acquired due to ratifying international instruments for the protection of fundamental rights”

(Orozco Alvarez, 2012). It should be noted that Costa Rica has ratified a significant number of
international treaties, such as the Convention on the Elimination of All Forms of Discrimination
Against Women, which was ratified by Law No. 6968 on October 2, 1984. Then the Inter-
American Convention on the Prevention, Punishment, and Eradication of Violence against Women,
was ratified by Law No. 7499 on 1995, May 2. Both treaties were invoked in the draft legislation.
Thus, the gender perspective was added, in part, to comply with international commitments.
Besides upholding international norms, the draft legislation is also a critique of dominant cul-
tural norms. It explicitly “condemns” discrimination against women “rooted in the cultural

structures” (Orozco Alvarez, 2012). This part of the proposed bill is significant because it
acknowledges that gender discrimination is embedded in state and cultural structures.
For its part, UNODC (2009) has declared that the reform constitutes good practice in drug
regulations, “not only because it incorporates the gender perspective but also because it does not
establish a minimum penalty for these crimes.” However, 77bis applies to the particular case of
women at risk of introducing drugs to prisons. In practice, this has only been applied to cisgender
women.
Despite reform 77 bis, additional necessary measures have not been taken to deal with all
groups at risk. The situation of transgender women is a case in point. The United Nations
Committee Against Torture (2008, p. 4) and the Inter-American Commission on Human Rights
(Comisi on Interamericana de Derechos Humanos, 2015, p. 72) have expressed concern about the
human rights violations of transgender people in Costa Rica. According to a study carried out in
Latin America by REDLACTRANS (2020), 67% of the cases of abuse reported by transgender
people “had as perpetrators State agents, mainly agents of the police forces” (p. 13).
Since 2014, the Costa Rican Public Defense Office has noticed a variation concerning the pro-
file of the people sentenced for entering drugs into a penitentiary center under article 77. Of
these, 30% of the offenders classified as “male” by the State are transgender women (Z. Molina,
personal communication, December 14, 2016). They tend to have additional risk conditions, such
as social exclusion, extreme poverty, HIV, and problematic drug consumption. By being incarcer-
ated in the male penitentiary systems, they suffer abuse and mistreatment at the hands of both
prison staff and fellow prisoners. Despite this, there are no clear administrative and legal policies
to provide them with the proper technical attention. Nevertheless, the rights of transgender
women are not on the political agenda.
Criminal Code Reform 71bis

Notwithstanding the neglect of transgender rights, since 2013, there have been even more advan-
ces regarding the protection of cisgender women. For example, on 2018, November 19, article 71
of the Criminal Code was reformed by Law N 9628. The text was changed so that the judge
could reduce the penalty for any crime based on several mitigating factors, including “the sen-
tenced person is a woman in a vulnerable state, due to poverty, being the primary caregiver for
dependent family members, disability or being the victim of gender violence.”
According to the National Institute for Women (INAMU), the reform intends to guarantee
“greater rationality and humanity” when sentencing first-time female offenders. The INAMU was
part of an inter-institutional network whose aim was to reform the criminal justice system to
address the myriad of structural injustices faced by women (INAMU, 2018). In this regard, this
legal reform is a form of “affirmative action” favoring cisgender women (Mora Bola~
nos, 2019).
DISCUSSION
Although the Costa Rican legal framework enshrines universal human rights and multiple treaties
which extend the realm of human rights, transgender women continue to be excluded from legal pro-
tections. Currently, the state practice is to restrict women’s rights to cisgender women’s rights. This
restrictive legal interpretation stems from a transphobic perspective. Moreover, it is a symptom of
more significant social phenomena. Transphobia begins at home and pervades the streets, the schools,
the Courts, and the prison system.
Even the public institutions, national laws and international treaties that protect transgender
women neglect them and contribute to their marginalization. In general, despite the substantial
progress regarding women’s rights in the last three decades in Costa Rica, these same protections
are not applied to transgender women. From a legal perspective, there is growing consensus that
the term “sex” should be interpreted in the broadest sense, thereby including “all kinds of sexes,
including transgender, intersex and other differently-sexed and gendered people” (Holtmaat &
Post, 2015).
It should be noted that neither CEDAW nor the Inter-American Convention on the Prevention,
Punishment, and Eradication of Violence against Women explicitly defines the term “woman.”
Indeed, the “ordinary understanding” of the term “woman” often refers to sex and gender. For
this reason, some authors have argued that the principles therein enshrined could be expanded to
“protect lesbian, bisexual, and transgender (“LBT”) women” (Gallagher, 2020). Moreover, given
that these treaties aim to eliminate all forms of discrimination and violence against women, a
“trans-inclusive interpretation” would align with the treaties core purpose. (Gallagher, 2020).
This viewpoint is supported by the Committee on the Elimination of Discrimination against
Women. In effect, the Committee seems to be “cautiously” supporting a trans-inclusive interpret-
ation of international law (Holtmaat & Post, 2015). Thus, for example, the General
Recommendation No. 28 on the Core Obligations of States Parties (2010, October 19) stated
the following:
“Intersectionality is a basic concept for understanding the scope of the general obligations of States parties
contained in article 2. The discrimination of women based on sex and gender is inextricably linked with
other factors that affect women, such as race, ethnicity, religion or belief, health, status, age, class, caste, and
sexual orientation and gender identity.”
The CEDAW Committee’s attention to LBTQI issues remains scarce in all categories of docu-
ments except for the Concluding Observations. Our analysis of the Committee’s Concluding
Observations since 2010 shows that sexual orientation and some forms of gender identity (most
notably transgender) are mentioned in over one-third of the documents concerning countries
from all continents. (Holtmaat & Post, 2015)
On a similar note, the Inter-American Court of Human Rights has affirmed that the principle
pro homine should guide conventional international law. Via its jurisprudence, the Court has
established that a norm should be interpreted in the broadest sense and in a way that guarantees
human dignity (Arrubia, 2018).
A trans-inclusive interpretation within international is more evident in soft law, such as in the
“Principles on the application of international human rights legislation in relation to the sexual
orientation and gender identity”, commonly referred to as the Yogyakarta Principles (Arrubia,
2018). Although not legally binding, these principles signal the growing acceptance of transgender
identity and rights.
From the perspective of Costa Rican national law and based on the constitutional principle of
nondiscrimination, articles 77bis from Law No. 8204 and 71bis from the Criminal Code should be
applied to transwomen. As it stands, the mitigating factors are not being applied due to a restrict-
ive interpretation of gender.
There have been some positive advances with regards to protecting transgender rights. For
instance, the Executive Decree No. 37071-S: Day Against Homophobia and Lesbophobia and
Transphobia (2012), Regulation of photographs for the identity card (Decree No. 08-2010) from
the Supreme Electoral Tribunal. The regulations allow transgender women to photograph
according to their gender identity (Article 2), regardless of their legally assigned identity.
Despite these progressive regulations, the prevalence of violence is an indicator of the failure
of current policies in ensuring trans-inclusive security. Additionally, cultural factors also guaran-
tee impunity for perpetrators of crimes against transgender people. According to Fattah (2014),
there is a cultural and structural propensity to victimization. A lack of power, economic depriv-
ation and cultural stigmatization also makes certain social groups be deemed “easy prey’ or as
culturally legitimate victims” (p. 13).
There is a need for trans-inclusive interpretations of the laws and policies which underpin
public institutions. For example, the Public Defender’s Office has included sociodemographic
measurement instruments to identify populations in vulnerable conditions and train public offi-
cials within its Strategic Plan (Z. Molina, personal communication, December 14, 2016).
However, there are no trans-inclusive protocols to coordinate their treatment within the prison
system. Likewise, it is essential to establish public policies to address the needs of transgender
women throughout the criminal process. Yet, trans-inclusiveness needs to precede the
prison system.
As this investigation demonstrated, transgender women are incarcerated in the aftermath of
lives in which they have been subjected to multiple forms of violence. In this regard, their incar-
ceration is often the result of extreme direct, social, and structural violence. In many cases, the
victimization of incarcerated transgender women begins during their childhood. It continues
when they enter the school system. Rather than being a place of learning, schools are, at times, a
place of violence.
Moreover, the gender discrimination many transgender women experience when trying to
obtain work demonstrates that they face many structural and social obstacles. In effect, trans-
gender women are victimized by private and public actors. For instance, the public healthcare
system also victimizes transgender women. There is scant information regarding the health needs
of transgender individuals. By extension, there is also a gap in the treatment models being used
for transgender individuals. Due to the lack of gender reaffirming procedures, the lack of trans-
inclusive drug rehabilitation and the lack of mental health support, healthcare is a source of vio-
lence and not healing.
From a legal perspective, transgender identity remains unrecognized. Accordingly, transgender
women are denied equal treatment under the law as cisgender women. With respect to the crim-
inal justice system, they should be afforded the mitigating factors enshrined in articles 71bis and
77bis if they meet the same criteria as cisgender women. Similarly, following the guidelines estab-
lished by the IAHRC and UNODC, there needs to be greater use of alternative sentencing.
Above all, further research is required. This research demonstrates that transgender women
are often incarcerated due to economic, social, and structural marginalization. As it stands, they
remain amongst the most marginalized citizens. Therefore, it is essential to fully understand the
situation of incarcerated transgender women, taking into account their diverse identities, needs,
and aspirations.
DISCLOSURE STATEMENT
The authors declare that there is no conflict of interest
ORCID
Gloriana Rodriguez Alvarez http://orcid.org/0000-0002-6326-6813
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Women & Criminal Justice

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From Victimization to Incarceration: Transgender

Gloriana Rodriguez Alvarez & Alejandro Fernandez Muñoz

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From Victimization to Incarceration: Transgender Women in

Complete Incomplete (Include the last grade)

What is the biggest obstacle to finding a job?

1. Social background. Focused on childhood and family

Table 1. Prison visits.

unaware of the exact number of incarcerated transgender women. According to an investigation

Table 2. Data analysis example.

Table 3. Data analysis example.

REASONS FOR LEAVING HOME

Figure 1. Reasons for leaving home.

DID YOU RECEIVE AN

Figure 4. Harassment in schools.

VERBAL VIOLENCE IN SCHOOLS

Figure 5. Verbal violence in schools.

PHYSICAL VIOLENCE IN SCHOOL

OTHER STUDENTS TEACHERS OTHER EDUCATION

Figure 6. Physical violence in schools.

REASONS FOR LEAVING SCHOOL

Figure 7. Reasons for leaving school.

Diﬃculty ﬁnding work

Transphobic discriminaon Lack of educaon

SEL F - I DE N T IFI C A TION

Figure 10. Self-identification.

FIRST PERSON YOU TOLD IDENTITY TO

Figure 11. First-person you told identity to.

Figure 12. Public self-identification.

REFERRED TO BY CHOSEN NAME

PRISON STAFF OTHER PARENTS SIBLING FRIENDS PARTNER

Figure 13. Referred to by chosen name.

prisoners, 7 respondents (44%) of their parents, 8 respondents (50%) of their siblings, 12

GENDER REAFFIRMING PROCEDURES

MENTAL HEALTH DIAGNOSIS

Figure 14. Mental health diagnosis.

Risk factors for self-injury

Depression Prison life Eang disorder

Figure 15. Risk factors for self-injury.

Figure 17. Cycle of violence.

PUBLIC HEALTH PUBLIC SCHOOL OTHER STATE

Figure 19. Discrimination.

Figure 20. Criminal offense.

Criminal Justice System

REASONS FOR CRIME

Figure 21. Reasons for crime.

Everyone No one Defense aorney

Figure 23. Prison preference.

Narcotics Law Reform 77bis

Criminal Code Reform 71bis

Labour Code, article 622, (Costa Rica, 1943)

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