Legal System viz-à-viz Human Rights of Transgenders: An Analysis

  • Lovepreet Kaur
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  • Lovepreet Kaur

    Research Scholar and Assistant Professor of Law at Rajiv Gandhi National University of Law, Punjab (Patiala), India

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Abstract

Transgender movements address numerous issues for gender non-conforming populations across the globe. Trans people face massive discrimination and marginalization in all social institutions, including the family, labor market, housing, health, education, and religion. Trans folk deal with great levels of hate and violence across societies, which leads some authors to suggest that a transgender genocide is taking place world- wide. The majority of countries in the world make it difficult or do not allow trans people to amend identity documents (such as birth certificates, passports, and national ID cards) to reflect their gender identities. Without proper identity documentation, trans people are denied citizenship rights. Trans people have less access to healthcare than the general population, due to discrimination and harassment by providers, inability to pay, lack of insurance, and a host of other socioeconomic barriers. It is difficult for trans people to navigate gender-segregated services, including public restrooms, homeless shelters, drug- therapy facilities and prisons. Trans people in prison face challenges not only related to gender segregation and violence, but also due to lack of access to proper clinical care and medication – especially in relation to transition-related medical care. Trans rights activists are confronted with torture, prison, and death in many parts of the world. Human rights have to be given importance over traditional norms of societies that have distracted people from the path of elevating a transgender person as an equal being. A rigid morality restrains the freedom of choice and expression of people, and especially transgender people who are very often discriminated against. So, the researcher will discuss the rights of transgender under the international instruments and thereby make an analysis by seeing the reality that does these rights are actually availed by them in the society or these are just in paper and not in practice. And the researcher will also suggest measures to resolve all these issues prevailing in the society.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1767 - 1775

DOI: https://doij.org/10.10000/IJLMH.112125

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