Trans Rights

An often asked question is “What rights don’t trans people have?” in response to anyone who speaks up for trans rights or says “Trans rights are human rights.”

This question oversimplifies the complex issue of human rights into a binary of having a right or not having a right. However, the fight for trans rights includes much more than just legal rights. It includes the fight for recognition, social acceptance, and protection from discrimination and violence, both on an individual and systemic level¹. Furthermore, the question minimizes the varied experiences of trans individuals across different countries and legal systems, ignoring the diverse and nuanced nature of the struggle for trans rights². It is also very disingenous because while feminists still fight for women’s rights today³, even in developed nations, such as the right to abortion⁴ (which as of writing on April 16, 2023, is currently banned in 13 states in the U.S.), sexual violence⁵ in Chile, and the Chinese government’s population policies that subject women to forced abortions or forced pregnancies⁶, the same people asking “What rights do trans people lack?” are not also asking “What rights do women lack?”

Here are some of the avenues of trans rights that are being fought for:

1. Legal Recognition and Protection
   Transgender individuals often face difficulties when it comes to legal recognition of their gender identity. According to the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA), only 96 countries worldwide have accessible processes for legal gender recognition, and crucially, only 25 are described as not having “prohibitive requirements”². Even in countries where the process exists for legal gender recognition, this process is often under attack by virulent anti-trans rights campaigns firmly opposed to introducing a system of self-declaration, such as in the United Kingdom², where the system for some legal processes can also be virtually inaccessible due to lack of access. One such citizen of the United Kingdom e-mailed her national healthcare provider 133 times trying to get a doctor’s appointment⁷. The lack of legal recognition, whether by criminalization or by indefinitely delay, can lead to issues related to personal identification, accessing services, and social acceptance.
2. Access to Healthcare
   Transgender people frequently face barriers in accessing appropriate and affirming healthcare. A report by the National Center for Transgender Equality found that 33% of respondents who sought healthcare experienced mistreatment, and 23% did not seek healthcare due to fear of being mistreated⁸. Transgender people deserve equal access to healthcare services, including gender-affirming care, without discrimination or prejudice.

3. Protection from Discrimination and Violence
   Transgender people fave high rates of violence, including physical attacks, sexual assault, and intimate partner violence. National U.S. surveys find that nearly one in ten (9%) of respondents reported that they were physically attacked in the past year because of being transgender.

   Nearly half (47%) of respondents have been sexually assaulted as some point in their lifetime, with one in ten (10%) respondents reporting being sexually assaulted in the past year. Nearly one-quarter (24%) experienced severe physical violence by a current or former partner, compared with 18% of the U.S. population⁸.

   

   Transgender individuals are disproportionately affected by discrimination and violence. According to a report by the Human Rights Campaign, the rate of fatal violence against transgender people in the United States is higher than the general population, with transgender women of color being particularly vulnerable⁹.

4. Education and Inclusion
   Transgender students often face discrimination and exclusion in educational settings. A GLAAD study found that 75% of transgender students felt unsafe at school, and 59% were denied access to restrooms consistent with their gender identity¹⁰. More than three-quarters (77%) of those who were out or perceived as transgender had one or more negative experiences at school because they were transgender, such as being verbally harassed or physically attacked¹¹. The trans rights movement seeks to create inclusive and affirming educational environments for transgender students, ensuring equal access to education and opportunities for success.
5. Employment and Economic Equity
   Transgender individuals often face discrimination in the workplace, which can lead to higher rates of unemployment and poverty. The 2015 U.S. Transgender Survey reported that 80% of respondents who held a job in the past year reported either experiencing some form of discrimination and/or taking steps to avoid discrimination at work (by hiding their past gender transition, for example.)⁸
6. Public Accommodations and Services
   Access to public spaces and services is another area where transgender people face challenges. Discriminatory policies and practices can restrict transgender individuals from using facilities, such as restrooms¹² and locker rooms¹³, that correspond with their gender identity. The trans rights movement calls for the development of inclusive policies and the removal of discriminatory practices in public spaces, ensuring that transgender individuals can access public accommodations and services without fear of harassment or discrimination.
7. Family and Parental Rights
   Family and parental rights can’t be taken for granted by trans people. In 2020, transgender man Freddy McConnell lost the legal battle to register as his child’s father and the Court of Appeal also ruled against McConnell, upholding the previous decision¹⁴.
8. Representation in Media and Culture
   Transgender individuals are often underrepresented, misrepresented, or negatively portrayed in media and popular culture. This lack of accurate representation can perpetuate stereotypes, contribute to stigmatization, and negatively impact public perception. While visibility through media has increased, likely due to an increase in the raw population of individuals who identify openly as transg and gender diverse, mediated portrayals are often stigmatizing, are played by cisgender actors, and/or pigeonholed into transnormative boxes¹⁵.
9. Mental Health and Well-Being Transgender individuals are at an increased risk of experiencing mental health challenges due to societal stigma, discrimination, and marginalization. According to the 2015 U.S. Transgender Survey, 40% of respondents reported attempting suicide in their lifetime, which is nearly nine times the national average¹⁶. The trans rights movement emphasizes the importance of mental health support and access to appropriate mental health care for transgender individuals, as well as working to reduce the social factors that contribute to mental health disparities.

See also

• The struggle of trans and gender-diverse persons (United Nations Office of the High Commissioner)
• What rights don’t trans people have? (Katy Montgomerie)

References

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