The International Bill of Human Rights is an important document that outlines the fundamental freedoms and rights that all people have. It includes articles on freedom of speech, religion, assembly, association, and movement, as well as social and economic rights such as housing, healthcare, education, work, and political participation.
It does not explicitly mention gender identity or expression.
There has been growing recognition of the need to include protections for transgender individuals in human rights laws. The Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, contains no explicit reference to gender identity or expression but includes language about "the inherent dignity and equal and inalienable rights of all members of the human family". This concept underpins international human rights law and provides a foundation for recognizing the rights of trans individuals.
There are several ways in which international human rights standards protect trans individuals globally. First, many countries have ratified treaties and conventions that prohibit discrimination based on sexual orientation and gender identity.
The International Covenant on Civil and Political Rights (ICCPR) recognizes the right to life, liberty, and security of person without discrimination on grounds of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. In addition, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment prohibits torture and ill-treatment of any kind, including mental torture, physical or moral suffering. These provisions can be used to protect trans people from violence and abuse.
Some countries have passed legislation specifically addressing the needs of trans individuals.
India's Transgender Persons (Protection of Rights) Act 2019 defines a trans person as someone whose gender is different from their assigned sex at birth and grants them access to education, employment, healthcare, and other services. Similarly, Argentina enacted a Gender Identity Law in 2012, allowing trans people to change their name and gender marker on official documents, and Thailand has recognized non-binary genders since 2014. The United States Supreme Court ruled in 2020 that transgender workers are protected under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex.
International human rights law encourages governments to adopt policies and programs that support the rights of trans individuals. This includes measures such as establishing legal recognition of gender identity, providing safe spaces for trans individuals, and ensuring access to medical care and hormone therapy. It also requires states to take action to combat hate crimes, violence, and discrimination against trans people.
International human rights bodies monitor compliance with treaties and conventions and investigate allegations of violations. They may issue recommendations to improve transgender rights and promote best practices, conduct investigations into specific cases, and bring charges against perpetrators of crimes against trans people. In many countries, civil society organizations work with trans communities to advocate for their rights and hold decision-makers accountable.
While there is still room for improvement, international human rights standards provide some protection for trans individuals globally. By including gender identity and expression in laws and policies, recognizing trans identities, and promoting awareness and understanding, we can ensure that all people can live free from discrimination, violence, and abuse.
How do international human rights standards protect trans individuals globally?
The protection of transgender people by international human rights standards is crucial as it ensures that they are treated with dignity and respect. Trans individuals face discrimination, harassment, violence, and exclusion due to their gender identity, which can significantly impact their mental health and wellbeing. International human rights laws provide guidelines for governments and organizations on how to treat trans persons fairly and equally.