15/03/2024 | Writer: Kaos GL
Council of Europe Commissioner for Human Rights Dunja Mijatović prepared an issue paper titled “Human Rights and Gender Identity and Expression”.
Some of the topics included in the issue paper were; equality and non-discrimination, gender identity and gender expression conversion practices, legal gender recognition, violence, hate crimes and hate speech, detention, family life, education, poverty and housing, healthcare, sanitation, asylum.
Dunja Mijatović recalled rising anti-gender discourse and said: “While anti-gender narratives ultimately undermine the rights of everyone, their focus on so-called traditional norms around sex, gender and expression is particularly destructive of the rights of trans people.”
The issue paper also included assessments on Turkey.
According to the findings of the Trans Murder Monitoring project, between 2008 and September 2023, 65 trans people were killed in Türkiye. Thus, Türkiye was the country with the highest number of transgender murders among 21 European countries.
Commissioner for Human Rights stated that government representatives and other politicians in many member states often perpetuate stigma and hate against trans people for political gain:
“Anti-LGBTI speech has become particularly common during elections or parliamentary debates, for instance on law reform regarding hate crimes, hate speech, LGR, or healthcare provision, including, recently, in Austria, Azerbaijan, Belgium, Germany, Hungary, Poland, Türkiye and the UK.”
“Trans people also experience evictions due to being trans in Türkiye”
Within the scope of the issue paper, it is underlined that LGBTI-related events and symbols have been banned, monitored and scrutinized in Türkiye.
It is emphasized that trans people routinely experience discrimination when seeking to rent accommodation in the issue paper. One in five trans people reported experiencing discrimination when looking for housing in the 12 months preceding the survey.
Another issue addressed in the paper under the housing title was the practice of “house sealing” and “eviction”:
“According to trans human rights organisations, in some member states trans people also experience evictions due to being trans, or because of a mismatch between their gender identity or expression and their legal documents.185 For example, civil society organisations have documented trans people being evicted due to their gender identity in Armenia, Azerbaijan, and Türkiye.”
“It has observed trends of politicians verbally attacking LGBTI people in numerous member states, including Türkiye”
It is also remarked that during the COVID-19 pandemic, many trans people reported being unable to access state benefits such as financial assistance, housing benefits, and emergency relief packages due to the mismatch between their gender identity or expression and their ID documents.
The issue paper highlighted Turkey’s withdrawal from the Istanbul Convention and made the following remarks regarding the rising anti-gender and anti-LGBTI discourse:
“Across the Council of Europe, there has been a growing trend of political figures demonising trans (and LGBI) people – often to stoke populist anxieties, and to present themselves as defenders of national culture, family values or religious traditions. The PACE, in the report underlying Resolution 2417 (2022) on ‘Combating rising hate against LGBTI people in Europe’ has observed ‘trend[s] of politicians verbally attacking LGBTI people’ in numerous member states, including Albania, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Estonia, Finland, Hungary, Latvia, North Macedonia, Slovakia and Türkiye.”
15 recommendations to the member states of the Council of Europe
The issue paper listed the following key recommendations for the member states of the Council of Europe:
· Collect and record disaggregated data on the lived experiences of transgender (trans) and non-binary people, including discrimination and violence, to ensure effective and targeted policymaking to uphold their human rights in all fields of life.
· Recognise (actual or perceived) gender identity and gender expression explicitly as prohibited grounds of discrimination in anti-discrimination legislation covering all fields of life and as aggravating factors in antihate speech and hate crime legislation. Ensure that these laws are effectively implemented, including by preparing policies to combat violence as well as discrimination and exclusion faced by trans people, notably in employment, healthcare, education, sports, and social protection and housing. Ensure that national equality bodies and national human rights institutions are mandated and resourced to examine the human rights of trans and non-binary people.
· Immediately repeal, and refrain from adopting, laws or policies, which victimise, discriminate against, or legitimise hatred against trans people, including bans on legal gender recognition, bans on access to trans-specific healthcare, and bans on the public discussion of LGBTI people.
· Ban and sanction the advertising and conduct of conversion practices targeting both children and adults and ensure that the ban covers gender identity and gender expression.
· Adopt legislation which guarantees that trans people who want it have access to quick, transparent and accessible administrative procedures for legal gender recognition based on self-determination. These procedures should be accessible to minors with due regard to the child’s views, maturity and best interests, and ideally without arbitrary age limits. Consider including a third gender option in identity, social security and other public documents for those who seek it. Overall, review the need and proportionality of including gender markers on public documents at all.
· Ensure that trans people have effective and stigma-free access to transspecific healthcare services, including psychological, endocrinological and surgical procedures, without requiring a mental illness diagnosis, in line with the World Health organisation ICD-11. Ensure that transspecific healthcare is provided on the basis of free and informed consent, is covered by public health insurance schemes in accordance with national rules, is decentralised, adapted to individual health conditions, provided by trained medical professionals, and without discrimination.
· Recognise the identity of trans school-age children and students in school settings, regardless of their legal gender/sex, including by allowing them to use their own names and pronouns, dress as they wish, and participate in sports and other activities according to their gender identity and expression.
· Ensure that national laws prohibit discrimination due to gender identity and gender expression in all decisions relating to family life, including birth registration rules, custody, adoption and access to assisted reproductive technologies. When birth registration systems are gendered, trans people should be registered as parents in accordance with their gender identity, and alternative systems should continue to be explored to reflect the growing diversity of families.
· Adopt robust laws and policies to ensure that everyone can take part in sports without discrimination or harassment due to actual or perceived gender identity and gender expression. National policies governing participation in sports should start from a position where trans people can participate according to their gender identity. Ensure that any limitation or restriction on participating in sport according to gender identity pursues a legitimate aim, is proportionate, and respects international human rights standards.
· Ensure that, in both public and private locations, everyone is able to use the sanitation facilities in a dignified and safe manner, according to their gender identity when these are gender-segregated. As far as possible, ensure the presence of an all-gender inclusive option. Recognise that a well-founded fear of persecution based on gender identity and gender expression may be a valid ground for the granting of refugee status under national law, and ensure that trans refugees, asylum seekers and migrants have access to safe reception conditions, trans-specific healthcare services and legal gender recognition.
· Ensure the safety of trans people deprived of their liberty, including by adopting robust policies to ensure a case-by-case review to determine the appropriate detention facility, and duly consider alternatives to detention. Unless they disagree, trans people should, in principle, be detained in accordance with their gender identity. Any decision to exclude trans people from a place of detention corresponding to their gender identity must be taken based on objective and clearly established criteria and must be implemented with proper regard for human rights standards.
· Promote understanding and respect of trans and non-binary people through public outreach and awareness raising campaigns, as well as mandatory, comprehensive, scientifically based, and age-appropriate comprehensive sexuality education in schools which covers the diversity of gender identity and gender expression. Proactively counter rhetoric against the existence, rights and dignity of trans people, including misinformation and fear-mongering about trans people.
· Consult and involve trans people and their organisations when developing legal and policy measures that concern them. Adopt and enforce effective measures to ensure that human rights defenders who support the rights of trans people can work in an enabling environment, without the threat of violence, discrimination or other abuse.
· When designing relevant laws and policies or undertaking other measures, consider the role and responsibilities of all actors in countering discrimination and hatred and promoting the human rights of trans people, including public leaders, the media, internet intermediaries, as well as governmental and non-governmental organisations, private legal persons and associations in various fields.
Tags: human rights
