LIMA, Peru (Alliance Defending Freedom) — Olga Izquierdo went viral on TikTok when she uploaded three videos in July 2023 denouncing the fact that a women’s restroom at the Lima airport was made open to anyone with a “feminine identity” according to posted signage. In the videos, Izquierdo shared her safety concerns, which she conveyed to an airport customer service representative and filed as a formal complaint with the airport administration.
Peruvian transgender activist “Leyla Augusta” Huerta Castillo saw her videos and filed a criminal complaint against Izquierdo, alleging that Izquierdo’s speech constituted a crime of “discrimination.” Discrimination convictions in Peru can carry a sentence of two to three years imprisonment and a lengthy community service requirement. Castillo and Izquierdo have never met.
Izquierdo is captured in the footage saying, “I want to file a complaint because in the women’s restroom, it says on the sign that a person with a female ‘identity’ is allowed to enter. That is, can men enter the women’s restroom?” It goes on to show the customer service agent’s response in favor of the policy, and Izquierdo’s inquiry into the lack of safety precautions for women and girls. The videos went viral with over 12.5 million views.
After receiving the complaint on August 10, 2023, the Prosecutor’s Office opened an investigation into Izquierdo to gather evidence and determine whether she should be charged. ADF International provided its expert opinion to be introduced in the record, outlining international human rights law and freedom of expression protections, supporting the dismissal of the complaint against Izquierdo.
After weighing the arguments and applicable legislation, on June 21, 2024, the Prosecutor’s Office decided not to press charges against Izquierdo. On July 10, 2024, Castillo appealed this decision. The Prosecutor’s Office has since confirmed its decision not to press charges against Izquierdo after a one-year investigation.
“Every woman has the right to safe spaces, and Olga’s stand has helped protect the right to say so. We are thankful that freedom of expression ultimately has been upheld in this case,” said Kristina Hjelkrem, legal counsel for Latin America for ADF International.
Olga simply took to her social media to share her concerns for the safety of women and girls when men are allowed in female restrooms, and for that, she was accused of committing a crime. No one should face potential prison time for sharing the truth that allowing men in female restrooms has dangerous real-world consequences. Both international human rights law and the law of Peru guarantee freedom of speech, and in an era of mounting global censorship, we must continue to vigilantly defend these rights.
In response to the dropped charges, Olga Izquierdo stated:
First I want to thank ADF International for their invaluable support of my legal defence. In Peru, we are determined to fight for a future where freedom of expression prevails and where no one is gagged or punished for their ideas. After a year of intense legal battle, the Public Prosecutor’s Office dropped the complaint against me, recognizing that my speech in favor of the differentiation of bathrooms by sex was made in the full exercise of my freedom of expression, and with the goal of defending the safety of girls.
Republished with permission from the Alliance Defending Freedom.