Transphobic Discrimination at the National Library of El Salvador

The National Library of El Salvador (BINAES), a cultural and technological beacon in the country, is currently embroiled in a serious accusation of discrimination that highlights the ongoing human rights struggles faced by transgender individuals in El Salvador.

Daniela Alfaro, an independent activist and student at the University of El Salvador, reports being subjected to verbal violence and discrimination on October 13th. This incident took place when the library’s security personnel denied her access to the women’s restroom, a facility she had previously used without issue.

"A security guard told me I had to use the men's restroom. I insisted on speaking with the manager, and both the head of BINAES and the head of security arrived, only to humiliate me further because I am a trans woman," Alfaro recounted.

Their justification, as Alfaro recalls, was the absence of any law obligating them to respect her gender identity. She was warned that her insistence on using the women’s facilities could lead to her arrest.

"They claimed there was an order from above prohibiting us from using women's restrooms, threatening arrest if I didn’t comply," she added.

In a national public space, this incident reveals the precarious legal status for LGBTQ individuals, underscoring the urgent need for a Gender Identity Law to protect the dignity and fundamental rights of trans people in El Salvador.

A Stand for Dignity and Human Rights

Following this distressing experience, Alfaro filed a formal complaint with the Human Rights Ombudsman, detailing her ordeal and demanding state intervention to secure her rights to equality and non-discrimination.

In her complaint, Alfaro wrote: "Mr. Iván Baires, the Coordinator of Information Services, insisted I use the men’s restroom, disregarding my gender identity and the international human rights treaties El Salvador has signed."

Alfaro explained to library authorities that their actions endangered her safety and reputation, as social prejudices could lead to misunderstandings or even physical and sexual assault. However, the response was further antagonism.

Alfaro states she was encircled by approximately ten individuals who intimidated her "as if I were a criminal," simply for exercising her right to use public spaces.

A Modern Library with Exclusionary Practices

Inaugurated in November 2023, BINAES represents a significant cultural and educational development for the nation, thanks to a joint initiative between the Salvadoran government and the Chinese Embassy. However, Alfaro argues that this space, which champions technological advancement, is perpetuating social exclusion.

"The National Library, a generous gift from the Chinese Embassy to us Salvadorans, is currently managed by individuals who mistreat transgender people," Alfaro asserts in her complaint.

She frequently visits the library to use its computers for her thesis work, a necessary requirement for her graduation from the University of El Salvador, due to a lack of resources to own a computer at home.

"Without access to a personal computer, I rely on BINAES for my thesis work. This hostile treatment forces me to abandon opportunities crucial for my personal and professional growth," she said.

Access to public spaces without discrimination is part of the universal right to education, culture, and freedom of expression. However, in El Salvador, this right appears conditional based on gender identity.

"Discrimination and unfair treatment are barriers to my right to respect and dignity, and to access public services without fear of being discriminated against," Alfaro emphasizes.

She urges authorities to take immediate action to restore her rights as a Salvadoran citizen, noting that the threat of arrest for expressing her identity in public spaces represents severe persecution.

Institutional Violence and Everyday Fear

Alfaro’s case is not isolated. Trans people in El Salvador face structural violence and stigmatization in daily life, affecting education access, employment opportunities, healthcare, and public space usage.

"Once, in the Historic Center, a National Civil Police officer, just for sitting in a park, told me that this government does not respect LGBT people and threw my belongings to the ground," Alfaro recalls, recounting another incident of abuse.

According to human rights organizations, such actions constitute institutional violence, where state agents or public institution staff reinforce prejudices, violating fundamental rights.

A Pending Debt: The Gender Identity Law

In 2022, the Constitutional Chamber of the Supreme Court of Justice ordered the Legislative Assembly to pass a Gender Identity Law, allowing trans individuals to align their legal documents with their self-perceived identity. Yet, the current government and Assembly have made no progress.

For trans advocacy organizations, this omission signifies structural violence. "The Salvadoran state still fails to recognize our legal existence, leaving us vulnerable to humiliation, employment exclusion, and constant rights violations," a Comcavis Trans representative explained.

The Gender Identity Law aims not only for nominal recognition but also to ensure access to basic services, education, healthcare, and employment without discrimination. The lack of such a law perpetuates situations like those at BINAES, with no effective redress mechanisms.

Legal invisibility translates into social exclusion. Without documents matching their identity, trans individuals face hurdles enrolling in universities, securing jobs, or even accessing medical care without exposure or ridicule.

A Nation Still Violating Rights

Alfaro’s experience underscores a broader reality: the lack of guarantees for living with dignity as a trans person in El Salvador. Her story reveals that discrimination is not solely physical violence, but also institutional gestures of exclusion, humiliation, and rights denial.

Despite international commitments by El Salvador, such as the Universal Declaration of Human Rights and the Yogyakarta Principles, national policies still lack inclusivity and respect for diversity.

International bodies like the UN and the IACHR warn that discrimination based on gender identity constitutes violence, leading to psychological harm, opportunity loss, and, in extreme cases, hate crimes.

Thus, Alfaro's case highlights not just individual discrimination but a symptom of a systemic issue.

"It’s heartbreaking that a place for study, preparation, and self-improvement humiliates you for being yourself. We don't ask for privileges, just respect," Daniela expressed with frustration.

The educational setback following the inclusive language censorship further contextualizes Alfaro’s case. The recent government order to ban inclusive language at all educational levels, framed as "preserving language purity," is criticized by human rights experts as exclusionary towards LGBTQ communities.

This censorship deepens fear around gender and diversity discussions in academia, limiting freedom of expression and inclusive education rights. "When words are banned, existences are banned," a consulted university lecturer stated, noting that language not only communicates but acknowledges identities and social realities.

For youths like Alfaro, experiencing public space discrimination firsthand, this policy adds a new barrier to their academic development. Institutional closure affects not only physical safety but also academic growth and equal opportunity projection.

Her story represents the struggle of many trans individuals in El Salvador, who despite social advances, face a system that invisibilizes and excludes them. Her complaint to the Human Rights Ombudsman is an act of courage, but also of desperation against a state that does not fully recognize their humanity.

Without a Gender Identity Law or policies respecting diversity, trans individuals will remain susceptible to humiliation, threats, and institutional exclusion.

The incident at BINAES should not be considered isolated but a compelling reminder that equality and dignity must be lived realities, not mere rhetoric.

El Salvador, a nation proud of being "the land of freedom and faith," remains indebted to those like Alfaro, who seek only to study, work, and live without fear.

Justice and equality should not depend on "orders from above" but on the acknowledgment that every person—regardless of gender identity or expression—deserves respect, dignity, and the opportunity to fully build their life.