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Tvt Research-Report TRANSRESPECT VERSUS TRANSPHOBIA WORLDWIDE A Comparative Review of the Human-rights Situation of Gender-variant/Trans People Carsten Balzer and Jan Simon Hutta with Tamara Adrián, Peter Hyndal and Susan Stryker November 2012 TRANSRESPECT VERSUS TRANSPHOBIA WORLDWIDE A Comparative Review of the Human-rights Situation of Gender-variant/Trans People Carsten Balzer and Jan Simon Hutta with Tamara Adrián, Peter Hyndal and Susan Stryker November 2012 TRANSRESPECT VERSUS TRANSPHOBIA WORLDWIDE: A Comparative Review of the Human-rights Situation of Gender-variant/Trans People EDITED by Carsten Balzer and Jan Simon Hutta AUTHORS: Carsten Balzer and Jan Simon Hutta, with Tamara Adrián and Peter Hyndal PREFace by Susan Stryker TvT Publication Series Vol. 6 TRANSGENDER EURope (TGEU) www.tgeu.org TRANSRESPECT VERSUS TRANSPHOBIA WORLDWide (TvT) c/o TrIQ e.V. • Glogauer Straße 19 • D-10999 Berlin • Germany [email protected] • www.transrespect-transphobia.org LAYOUT: S. Benesch & Andrea Schmidt PRINTER: Flyeralarm TEXT REVISION: Daniel Moure Copyright 2012 by Carsten Balzer, Jan Simon Hutta and Transgender Europe (TGEU). The reproduction of parts of this publication is permitted provided that due acknowledgement is given and a copy of the publication carrying the part in question is sent to the Transrespect versus Transphobia Worldwide (TvT) at the address above. The TvT project and this report were funded by: PHOTO CREDITS: Page 12: La Monica Everett-Haynes (www.uanews.org) Page 25: TGEU Archives Page 35: Beyoncé Tushabe Archives Page 76: Zanele Muholi Page 84: Seung-hyun Lee Archives Page 87: Tamara Adrián Archives Page 94: Richard Köhler Archives Page 102: Joleen Mataele Archives Page 106: Peter Hyndal Archives Page 108: TvT Archives Page 115: Anja Weber Page 115: Jan Simon Hutta Archives Front page and all other photos: Carla LaGata/Carla LaGata Archives All maps: © European Union: Eurostat. EuroGeographics for the administrative boundaries You can support Transrespect versus Transphobia Worldwide with a donation: www.tgeu.org/donation • Please note “TvT Project” in the subject line. TRANSRESPECT VERSUS TRANSPHOBIA WORLDWIDE: A Comparative Review of the Human-rights Situation of Gender-variant/Trans People 3 FOREWORD by Charles Radcliffe, Chief of Global Issues, Office of the United Nations High Commissioner for Human Rights (OHCHR) It has taken a long time to open people’s minds to Thanks to the tireless efforts of trans activists and the idea that not all of humankind can be neatly contained their allies in the LGBT community, awareness amongst within two traditional, unbending gender categories. Governments of the extent and gravity of human-rights As this study shows, every day millions of transgender violations against transgender people continues to in- people in all regions experience rejection, stigmatization, crease. In recent years, a growing and increasingly diverse harassment and physical violence because they do not coalition of countries has begun to speak up on the issue conform with prevailing gender norms. Denied official at the United Nations. In 2011, the UN Human Rights identity documents that reflect their preferred gender, Council passed a historic resolution: the first to explicitly they are cut off from work, denied basic public services, call attention to violence and discrimination directed and faced with deeply engrained discrimination in the against individuals because of their sexual orientation health and education sectors. These abuses are system- and gender identity. In December 2011, the High Com- atic but under-reported. The response, at both a national missioner for Human Rights, at the Council’s request, and international level, has been, almost without excep- submitted a report documenting discriminatory laws and tion, inadequate. practices and acts of violence. In March 2012, the Coun- The legal obligations that States have to protect cil held a three-hour debate on the report’s findings and transgender persons from violence and discrimination recommendations, during which many States expressed are no different from those that States have towards all concern at the human-rights situation of transgender per- other persons. Transgender rights are not a separate or sons and acknowledged the need for action. The debate special sub-set of rights; they are human rights. Transgen- included powerful testimony from human-rights activists, der people are no less entitled than anyone else to enjoy as well as strong statements of solidarity and support the right to life, freedom from arbitrary arrest and torture, from UN Secretary-General Ban Ki-moon and High Com- freedom from discrimination and freedom of expression, missioner Navi Pillay. association and assembly. These rights and many others The challenge now is not just how to sustain this are universal: enshrined in international law but withheld emerging dialogue at an inter-governmental level, but 4 from many transgender people simply because of their also how to translate increased awareness into action at gender identity or gender expression. a national level. Legal frameworks to protect the human rights of transgender people need to be revised and im- proved, as the study highlights, to facilitate legal recogni- tion of identity, prohibit discrimination on the basis of gen- der identity and ensure access to adequate health care and other services. The discrepancies of de jure versus de facto practices underline the need for systematic training, especially of police, correctional personnel, teachers, healthcare workers and the judiciary, to understand the rights and the situation of transgender people. As in all issues of promoting rights of ostracized and marginalized people, the first step is to start putting the facts on the table. The Transrespect versus Transpho- bia Worldwide project is an important contribution to this end. The project’s documentation of transphobic vio- lence and mapping of the legal environment for transgen- der people are unique and provide a clearer picture of the scale of the problem and of the kinds of responses that can help to address it. The report represents an impor- tant tool to advocate for the human rights of transgender people. It is up to all of us, collectively and in our individual capacities, to use the material presented here to make the case for equal rights for everyone – transgender, gender FOREWORD variant and non-trans alike. 5 ACKNOWLEDGEMENTS Since the first steps towards the realisation of Slovenia, Solomon Islands, St. Vincent, Suriname, Tokelau, the Transrespect versus Transphobia Worldwide (TvT) Turkey), Anna Jonna Ármannsdóttir (Iceland), Natyra Avdiu research project were taken in the spring of 2009, more (Kosovo), Nicolas Beger (Belgium), S. Beneš (Germany), than 150 people from 66 countries helped in shaping Aditya Bondyopadhyay (India), Hua Boonyapisomparn and developing this project. They provided Transgender (Thailand), Natasha Boshkova (Macedonia), Whitney Europe’s (TGEU) TvT research team with research Quanita Booysen (South Africa), Jack Byrne (New Zea- data and contacts; agreed to do interviews, counselling, land), Mauro Cabral (Argentina), Pedro Costa (Germany), reviews of our questionnaires, translations and proof Masen Davis (USA), Daniel D’Esposito (Switzerland), reading; collaborated in organising events and layouting Tamás Dombos (Hungary), Wiktor Dynarski (Poland), and designing advocacy materials, publications and the Lena Eckert (Germany), Kai Egener (Germany), Julia Ehrt website; offered general support and research grants; (Germany), Lisa Eichhorn (Germany), Justus Eisfeld (USA), cooperated in regional research; and gave various other Juliette Valentin Emerson (Germany), Nick Evera (Papua forms of direct and indirect support. New Guinea), Eva Fels (Austria), Isabel Ferreira (Brazil), Naomi Fontanos (Philippines), Stein Wolff Frydenlund Without these people, the writing of this research (Norway), Laura Garcia (Jamaica), Rob Garner (Mongolia), report would not have been possible. Alberto Roque Guerra (Cuba), Deyone Milana Guiseppi, Patsy E. Grannum (Barbados), Thomas Hamilton (New We would therefore like to express our sincere Zealand), Mathilde Haubricht (Germany), Michael Heflin gratitude and acknowledge these people in alphabetical (USA), Berno Hellmann (Germany), Andres Hoyos (USA), order. Those who for safety reasons or because we were Peter Hyndal (Australia), Orin Ivelaw Jerrick (Antigua and not able to gain consent cannot be mentioned by name Barbuda), Chai Jindasurat (USA), Julius Kaggwa (Ugan- are listed with aliases or as ‘Anonymous’. We have tried da), Aya Kamikava (Japan), Anna Kirey (USA), Kseniya our best to name all those who have helped us. Should we Kirichenko (Russia), Thamar Klein (Germany), erroneously have forgotten to mention anyone, we very Richard Koehler (Germany), Ins A Kromminga (Germany), 6 much regret our oversight and apologise sincerely. S. Lamble (UK), Agniva Lahiri (India), Joel LeDeroff (Belgium), Seung-hyun Lee (South Korea), Laura Leprince Tamara Adrián (Venezuela), Silvan Agius (Belgium), (France), Emiliano Litardo (Argentina), Micah Ludeke Ai (Philippines), Edward Akerboom (Germany), Lisbeth (USA), Dawn Madrona (Philippines), Majorie Marchi Garly Anderson (Denmark), Belissa Andia Pérez (Peru), (Brazil), Joleen Mataele (Tonga), Cat McIlroy (Ireland), Anonymous (Belize, Bosnia and Herzegowina, China, Jana Mittag (Germany), Skipper Mogapi (Botswana), Cook Islands, Fiji, India, Jamaica, Kiribati, Samoa, Singapore, Joz Motmans
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