The Supreme Court of Justice of the Nation (SCJN) issued a historic ruling in favor of two transgender individuals who were discriminated against in a shopping center in Mexico City in 2015. Jessica Marjane Durán, a transgender activist, and her friend Alessa Flores were victims of discrimination when security personnel removed them from a women's bathroom at the Reforma 222 shopping center.
After a 10-year legal battle, the First Chamber of the SCJN ordered compensation for moral damages and punitive damages for Jessica Marjane, who was denied entry to the women's restrooms of the shopping center. The case reached the highest court in 2020 after the victims filed a complaint with Copred CDMX denouncing the shopping center and the contracted security company.
In the statement issued by the Court, it is emphasized that the case of Marjane and Flores was not addressed with a gender perspective. After the discrimination incident, Marjane and Flores were subsequently harassed by private security personnel in the plaza, who also demanded that they present identification that validated their gender.
On the anniversary of Alessa Flores's death, it is remembered that she was a victim of transfemicide in October 2016. Alessa, a defender of the rights of transgender women and a sex worker, was found dead in a hotel in Mexico City and to this day the crime remains unpunished. The discrimination suffered by Marjane and Flores, as well as the subsequent tragedy that led to Alessa's death, highlight the violence and hatred faced by transgender people in society.
The SCJN's ruling recognized the right of the victims to receive compensation for moral damages and ordered a condemnation for punitive damages against the companies involved, with the aim of sanctioning discriminatory behavior and preventing similar cases in privately-owned public spaces.
