The question of how to secure and protect gender diverse rights is an essential aspect of human rights worldwide. Gender diversity refers to any person who does not identify themselves within traditional male/female binaries or may have non-binary identities outside of those categories. In order to understand what international law has done to ensure protection for these rights, it is important to first define the concept itself. Gender is a social construct that encompasses both physical appearance and behavioral traits associated with either masculine or feminine roles. These attributes are often influenced by culture, religion, and socioeconomic factors. As such, they are not innate but rather learned throughout life through experience and conditioning from others. The term "sexual identity" describes one's sense of self as it relates to their sexual orientation, which includes attraction towards other genders or lack thereof.
There are several ways in which international law can be used to protect gender diverse rights. One approach involves developing laws that recognize gender diversity explicitly through legislation. Another involves creating policies and programs that promote acceptance of gender variance among different groups in society. This may include education campaigns, training programs for healthcare providers, and changes in employment practices.
International organizations like the United Nations have worked to raise awareness about transgender issues globally through various initiatives like Trans Day of Remembrance events held annually around the world.
There are legal remedies available when discrimination occurs based on gender identity or expression at work or elsewhere in public spaces.
The most common form of legal action taken against individuals who violate the rights of gender diverse people is filing charges under hate crime statutes. Hate crimes target victims based on race, ethnicity, religion, disability status, sexual orientation, gender identity, or any combination thereof. They involve intentional acts designed to intimidate or harm an individual due to some aspect of their identity or perceived difference from a majority group.
If someone attacks another person because they believe them to be gay, lesbian, bisexual, transgender, queer/questioning (LGBTQ), or intersex then this could constitute a hate crime. Victims can seek redress under these laws by filing complaints with local authorities or filing civil suits directly against those responsible.
International treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) also address gender-based violence. CEDAW requires member states to take all necessary measures to prevent, prosecute, and eliminate discriminatory treatment towards women in both private and public life. It prohibits sexism and patriarchal oppression within societies, including but not limited to denial of equal access to education, employment opportunities, healthcare services, housing, credit, social protection programs, family planning services, political participation, etc. CEDAW calls for special attention to be given to indigenous populations who experience higher rates of violence than other groups due to historical marginalization and exclusion from mainstream society. Similarly, Article 23 of the Universal Declaration of Human Rights guarantees everyone's right to freedom from torture and cruel, inhuman or degrading treatment, including "in particular against women" which includes physical assault, rape, forced prostitution, forced marriage, forced sterilization, genital mutilation, trafficking, sexual harassment, domestic violence, stalking, and any form of coercion that undermines autonomy or self-determination.
While many progressive countries have implemented protections for gender diversity in their national legislations, others lag behind. In some parts of the world, there is still a lack of understanding about what constitutes gender identity or expression, resulting in discrimination based solely on appearance.
Transgender individuals may face barriers when trying to obtain identification documents, employment opportunities, housing, health care, education, or travel. Some countries criminalize homosexuality altogether while others allow same-sex relationships but do not recognize civil unions between same-sex partners as legitimate marriages. Transgender individuals also remain vulnerable to violence because they often lack access to legal recourse when abused by police officers, employers, landlords, school officials, neighbors, friends, and family members alike.
What's the role of international law in protecting gender-diverse rights?
International law is important for promoting gender diversity because it serves as an instrument for protecting and promoting equality between men and women. It recognizes that both genders should be treated with respect and dignity regardless of their gender identity. The Universal Declaration of Human Rights, which was adopted by the United Nations General Assembly on December 10, 1948, emphasizes this issue by declaring that all human beings are equal in dignity and rights.